TERMS OF SERVICE
Welcome to the Terms of Service of www.kwickshop.in which is a website operated by KwickShop. In order to enjoy, browse and shop on our website www.kwickshop.in, hereinafter referred to as “we”, “us”,“our” and “the website”, you must agree to the terms of service detailed hereinbelow. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site:
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or
any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone for any reason at any time.
2.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.4 That you
shall uphold the law at all times while using the website and not engage in
such derogatory practices which may be deemed to be unlawful, immoral or
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 As per the terms of service of the website, you agree to provide true and accurate information wherever required relating to your name, age, address, legality, nationality, or any other information that may be required.
3.2 That you agree not to misrepresent or purposely deceive the website by using such information knowing it not to be true or using illegally obtained financial and personal information of other individuals for illegal purposes.
3.3 That you acknowledge that the information provided on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.
3.4 That these terms of service are subject to
change and it is your responsibility to monitor changes to our site, these
the proprietor of the website for its normal functioning.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
4.1 The prices shown today for various products are subject to change depending on market inputs and ongoing benefits that may be available on the website, or lack thereof.
4.2 The proprietor of the website
reserves the right to modify or discontinue any product or Service being
offered on the website without notice to any one at any time.
4.3 The proprietor of the website shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
5.1 The Products or services available on the website may be exclusively available on the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 The proprietor of the website has made every effort to display, as accurately as possible, the colors and images of our products that appear at the store.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4 We reserve the right to limit the quantities of any products or services that we offer.
5.5 All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
5.6 We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
6.1 We reserve the right to refuse any order you place with us.
6.2 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may be subject to/based upon the laws and rules in governance at the time of order and hence are always subject to change.
6.3 This may include and be subjected upon orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
6.4 In the event that we make a change to or cancel an order, we will make due attempts to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. It is the responsibility of the user to be at the recieveing ends of these attempts and if after reasonable number of attempts, the we are unable to reach the user/buyer, the order shall be deemed to be abandoned/cancelled.
6.5 We reserve the right to limit or prohibit orders that, in our sole judgment and in accordance with the laws in place, depending upon whether the order may appear to be placed by dealers, resellers or distributors.
6.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
6.7 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
SECTION 7- THIRD-PARTY LINKS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
7.2 The site will only act as an intermediary in such situations, as per the provisions of section 79 (2) of the Information Technology Act, 2000 and other provisions of laws, in force.
7.3 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
7.4 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools as such services will be provided solely on a referral basis and it is up to you to avail such third party services available on this website.
7.5 In the event that such services are availed by you, the transactions, information, details or related information as shared for such intermediary services shall only be in the custody of the information provider (you) and the service-providing third party.
7.6 The role of the website shall be limited to that
of an intermediary as per the provisions of IT Act, 2000.
7.7 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
8.1 If, at our request, or otherwise, you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
8.2 We may, at our sole discretion, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
8.4 You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9: LEGAL LIABILITY
9.1 That if any proprietary right, be it in form of copyright, trademark, confidential information, secret trade related know-how or any other information which is under the sole ownership and under the exclusive right of the owner of this website, is violated or infringed or unlawfully and without prior written authority used/questioned, then you shall be subjected to such provisions a of law and the proprietor shall have the right to initiate civil as well as criminal proceedings against you as applicable.
9.2 That the layout, design, color scheme, content visible on the website, product descriptions, jingles, taglines, logos, source code, are all the intellectual property of the proprietor and shall be protected under applicable laws.
9.3 that if any of such intellectual property
rights of the propitiator are infringed by the user, suitable civil and
criminal actions may be intiated against such user and the said user shall be
liable to pay all related fees including legal and court fees involved (not including
damages, if any, ordered by the court), at their own expense.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
11.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
11.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.3 We undertake no obligation to update, amend
or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the current website or any other associated website in case of violation of these Terms and Conditions.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
13.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
13.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
13.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.5 In no case shall KwickShop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 – INDEMNIFICATION
14.1 You agree to indemnify, defend and hold harmless KwickShop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these
14.2 Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
SECTION 19- DISPUTE RESOLUTION
19.1 That any dispute that may arise due to the obstruction of these terms and conditions or by infringement of any right of the proprietor of the website or any civil or criminal action, whether genuine or malicious, instituted against or by the website’s proprietor shall be subject to the laws of the Republic of India and the courts of Jaipur, Rajasthan shall have the sole discretion to adjudicate such dispute.
19.2 That if the proprietor of this website agrees, alternative dispute resolution approaches can also be adopted for the resolution of these matters as suggested by the proprietor only.
19.3 In case arbitration proceedings are instituted in any dispute relating to this website or proprietor thereof, the mode of arbitration would be Sole Arbitration and the sole arbitrator shall be appointed by mutual consent of all parties involved from the list of Arbitrators provided by the proprietor.
19.4 That the Arbitration proceedings shall be conducted in consonance with the provisions of the Arbitration and Conciliation Act, 1996.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.