This document is an electronic record and published in accordance with the provisions of the Information Technology Act 2000 and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.
These Terms of Use (“Terms”) govern your use of the website ‘www.superquick.in’ (Website) and mobile application ‘Super Quick’ (App) (both Website and App collectively referred to as the “Platform”) owned and operated by M/s Convenience Tech Solutions and for the purpose of these Terms, may wherever context so require, be also referred to as, the “Firm”, “We”, “Us”, or “Our”. The terms “You”, “Your” or “User” refer to user of the Platform. By accessing or using our Platform, You shall be contracting with Us and You signify Your acceptance to these Terms and other policies (including but not limited to the cancellation & refund policy and published privacy policy (‘Privacy Policy’)) as posted on the Platform and amended from time to time, which takes effect on the date on which You use the Platform, and thereby create a legally binding arrangement to abide by the same. Further, by furnishing Your personal information, You consent to M/s Convenience Tech Solutions accessing Your personal information for the purpose of rendering the Services (as defined below), You also agree that You are interested in availing the Services through the Platform in accordance with these Terms.
Services
1.1. You acknowledge that the
Platform allows You to avail the following services
including:
1.1.1. a personal, limited, non-exclusive,
non-transferable, and revocable privilege to access and use the
Platform for the purposes of purchasing select products
including consumer goods such as grocery, pharmaceutical
products, tobacco products (collectively, “Product(s)”) from the
Firm, sold on a business to consumer (B2C) basis for personal
consumption and not for resale;
1.1.2. accessing services
provided by the Firm, through the Platform, including but not
limited to last mile delivery of Products; and
1.1.3.
promptly and efficiently responding to Your queries or issues
relating to Your Account and the services availed by You, using
the Platform.
1.2. The aforementioned services shall be
collectively referred to as the “Services”. The said revocable
privilege to access does not include/permit resale or commercial
use of the Platform or its Content (as defined below), in any
manner. The Firm may, at its discretion, add, modify, or remove
any of the Products and/or Services listed above from time to
time without notice. The Firm may also make applicable, at its
discretion, additional terms and conditions specific to any
category or section of Products in addition to these Terms and
Your purchase of any of such category or section of Products
shall also be governed by such additional terms and conditions.
The Firm reserves the right to provide the Services in any area
or city in India, as may be determined by the Firm in its sole
discretion. Before applying or registering for availing any of
the Services, we request You to please check if the Services are
available in Your area or city. The Firm provides last mile
delivery of Products through the third-party pick-up and
delivery service providers, who will be providing the delivery
services for a service fee.
1.3. The Firm does not: (i)
adopt any ‘unfair trade practices’ either on the Platform or
otherwise with respect to the Products and Services; (ii)
discriminate between Users of the same class or make any
arbitrary classification of the Users; and (iii) discriminate
between the third-party delivery service providers.
Eligibility to Use
2.1. The Services are
not available to minors i.e., persons under the age of 18
(eighteen) years, undischarged insolvent, or to any User who are
not competent to enter into a contract under the Indian Contract
Act,1872, unless otherwise provided hereunder. You hereby
represent that You are:(i) of legal age to form a binding
contract, (ii) not a person barred from receiving the Services
from the Platform under the applicable laws; and (iii) competent
to enter into a binding contract. If You are under the age of
18, You shall use and access the Services only with the express
consent of a parent or guardian and under their supervision.
2.2.
You will not discriminate against third-party delivery service
providers based on race, religion, caste, creed, national
origin, disability, sexual orientation, sex, marital status,
gender identity, age or any other metric which is deemed to be
unlawful under applicable laws. Any credible proof of such
discrimination, including any refusal to receive goods or
services based on the above metrics, whether alone or in
conjunction with any other metric, shall render you ineligible,
leading to suspension of Services. You will not have any claim
towards, and we will not have any liability towards any
suspension which is undertaken as a result of the aforementioned
event.
User Account and Security
3.1. In order to
access the Services on the Platform, You will have to register
and create an account on the Platform by providing details as
may be required in the Privacy Policy (“Account”).
3.2. You
are solely responsible for the information You provide to Us.
You shall ensure and confirm that the Account information and
all information provided by You is complete, accurate, and
up-to- date. If there is any change in the Account information,
or if any information is found to be incomplete or incorrect,
You shall promptly update Your Account information on the
Platform or request Us for information revision or update. If
the information provided by You is untrue, inaccurate,
unauthorised, not current, or incomplete (or becomes untrue,
inaccurate, not current, or incomplete), the Firm reserves the
right to refuse any and all the Services. The Firm reserves the
express right to refuse access to the Services at any time
without notice for Your failure to abide by the Terms as set
forth herein or to comply with applicable laws including with
respect to accessing tobacco products through the Platform.
3.3.
You will be responsible for the confidentiality of the Account
information provided and fully responsible for all activities
that take place on Your Account. You agree to immediately notify
the Firm of any unauthorised access of Your Account. You may be
held liable to pay damages for losses caused due to unauthorised
use of Your Account as a result of Your failure to keep Your
Account information secure and confidential.
Intellectual Property Rights
4.1 The
Platform and the processes, and their selection and arrangement,
including but not limited to, all text, videos, graphics, user
interfaces, visual interfaces, sounds and music (if any),
artwork and computer code (and any combinations thereof)
(collectively, the “Content”) on the Platform is licensed to M/s
Convenience Tech Solutions and the design, structure, selection,
coordination, expression, look and feel and arrangement of such
Content is protected by copyright, patent and trademark laws,
and various other intellectual property rights.
4.2 The
trademarks, logos and service marks displayed on the Platform
(“Marks”) are the licensed property of M/s Convenience Tech
Solutions or owned by third parties. You are not permitted to
use the Marks without the prior consent of the Firm or the
relevant third party (which is the owner of the Marks)
respectively. Access or use of the Platform does not authorise
any party to use trademarks, logo, or any other mark in any
manner.
4.3 The Firm disclaims to hold any right, title, or
interest in and to the intellectual property rights arising out
of or associated with the Products.
4.4 References on the
Platform of any name, mark, services or products of third
parties has been provided after the express consent of such
third party for Your convenience, and in no way constitutes an
endorsement, sponsorship or recommendation, whether express or
implied.
Payment related Information
5.1 The
information relating to the accepted payment methods on the
Platform shall be displayed during the purchasing process.
5.2
To the extent permitted by applicable law and subject to the
Privacy Policy, You acknowledge and agree that the Firm may use
certain third-party vendors and service providers, including
payment gateways, to process payments and manage payment card
information. The Firm can ensure such third-party vendors and
service providers possess necessary licenses from appropriate
authority.
5.3 In order to avail the Services, You
undertake to use and provide valid bank details or other details
required for facilitating payment towards the Services (“Payment
Details”). By providing the Payment Details, You represent,
warrant, and covenant that: (a) You are legally authorized to
provide such Payment Details; (b) You are legally authorized to
perform payments using such Payment Details; and(c) such action
does not violate the terms and conditions applicable to Your use
of such Payment Details or applicable law. You may add, delete,
and edit the Payment Details You have provided from time to time
through the Platform.
5.4 Except to the extent otherwise
required by applicable law, the Firm is not liable for any
payments authorized through the Platform using Your Payment
Details. Particularly, the Firm is not liable for any payments
that do not complete because: (a) Your bank account or any other
payment did not contain sufficient funds to complete the
transaction; (b) You have not provided the Firm with correct
Payment Details; (c) Your payment card has expired; or (d)
circumstances beyond the Firm
reasonable control (such as,
but not limited to, power outages, interruptions of cellular
service, or any other interferences from an outside force) which
prevent the execution of the transaction.
5.5 The Firm
shall not be responsible for any unauthorised transactions
conducted on the Platform using Your Payment Details. The Firm
shall not be obligated to refund any money to You in such
instances.
5.6 The payment facility provided by the Firm is
neither a banking nor a financial service but is merely a
facility providing an electronic, automated online electronic
payment system, and receiving payment on delivery for the
transactions on the Platform using the existing authorized
banking infrastructure and card payment gateway networks, as may
be applicable. For some payment methods, Your issuer may charge
You certain fees, such as transaction fees or other fees,
relating to the processing of Your transaction.
Prices of Products
6.1 The prices of each
of the Products may vary due to various factors and You may
check the price on the Platform before placing an order. By
placing an order, You agree to pay the prices mentioned therein.
All the Products listed on the Platform will be sold at Indian
Rupees either at Maximum Retail Price (MRP) (inclusive of all
taxes) or at a discounted price unless otherwise specified. The
prices of the Products may be modified from time to time. The
Firm endeavours to make available the Products at the best
prices as possible on the Platform. There can be an unintended
error with respect to the Prices and other information of the
Products. You may bring it to Our notice of such errors and we
shall effect necessary corrections.
6.2 The Users will be
informed about all the charges, fees, and costs (including,
delivery fee) that may be levied on the purchase of the Products
on the Platform at the checkout page during a transaction. The
Firm does not manipulate the price of any Products and/or
Services offered on the Platform.
Delivery, delivery fee, and delivery time
7.1 The Firm shall provide delivery of the Products
during such time period as communicated to You through the
Platform. The Firm endeavours to show the estimated delivery
time for every order, however, it does not guarantee the
delivery within the said time, since the exact delivery time of
each order may vary due to various factors such as availability
of third party delivery service providers, demand, traffic and
weather conditions, a force majeure event, etc,. You agree that
the Firm reserves the right to charge You, platform fee in
addition to the delivery fee towards the delivery of the orders,
which You can see on the view bill section before checkout page
on the App.
7.2 The delivery of the Products will be made
to the delivery address specified by You while placing the order
for the Products on the Platform. You are solely responsible for
providing a complete and correct delivery address and, if
applicable, further instructions for delivery. The Firm shall
not be responsible for any delay in delivering the order placed
by You on the Platform caused due to the incorrect or incomplete
address provided by You.
7.3 The delivery service is
provided through third-party delivery service providers. The
third-party delivery service providers will ordinarily make
deliveries when an appropriate person is able to receive the
order at the address provided by You. If You request to leave a
delivery unattended at Your address, You expressly disclaim the
Firm from all the liabilities which may arise by virtue of the
Products being left unattended for a period of time. This
includes but is not limited to theft,
tampering,
contamination, and the result of any change in temperature of
the items which need to be kept chilled or frozen.
7.4 In
the event You opt to make payment for the Products by ‘Pay On
Delivery (“POD”) mode, the third-party delivery service
providers shall have the right to refuse delivery of the ordered
Products to You if You fail to make the complete payment and the
Firm shall treat such order as cancelled order and shall not be
liable for any losses or damage that may arise on account of
such non – delivery to You. The Firm shall reserve the right to
charge You, the delivery fee for such cancelled order and
recover the same, at its sole discretion towards the cost
incurred on such delivery attempt.
7.5 Tobacco Products:
7.5.1
The delivery of tobacco products can only be made to You if You
comply with the eligibility criteria prescribed under applicable
law, which may vary from State to State. The Firm may request
You to provide Your identification and age proof documents to
evidence compliance with the aforesaid, including permanent
account number (PAN) card or other documents or such other
information, as maybe required by law at the time of ordering
and delivery of tobacco products. Notwithstanding anything
contained in these Terms, the third-party delivery service
providers shall deliver the ordered tobacco products, only to
the person from whose account the order has been placed subject
to verification at the time of delivery. The third-party
delivery service provider may refuse the delivery of the ordered
products in case of non-compliance with this requirement. We do
not sell loose cigarettes.
7.5.2 By accessing the tobacco
products category on the Platform, You represent that You (i)
comply with all eligibility criteria under applicable law in
Your state of domicile and/ or where You are accessing the
Platform and/or placing the order, (ii) have not been previously
suspended or prohibited from accessing or otherwise availing the
Services of the Platform; (iii) possess necessary permits, if
applicable; and (iv) order for Your personal consumption and not
for resale.
7.5.3 Important User declaration:
You
agree and undertake that You will not provide the address of any
public place, including but not limited to, educational
institution, hospital, religious places as Your delivery address
for the order relating to tobacco products.
7.5.4 The Firm
and/or the third-party delivery service providers reserves the
right to refuse delivery of such order to You in case of any
non-compliance by You of the above conditions in the bona fide
opinion of the Firm or the third-party delivery service
providers.
Returns, Cancellations, and Refunds
8.1
Returns
8.1.1 You may return the Product in an order,
subject to the following, conditions:
8.1.1.1 wrong item
being delivered other than what You had ordered in an order
or
8.1.1.2 Items substantially damaged or deteriorated in
quality at the time of delivery. You agree that You shall give
Us all the requisite proofs including but not limited to images
of Products having issues.
8.1.2 You shall check the
Products at the time of delivery and return to the third-party
delivery service providers with the requisite proofs on the
Platform. IT IS HEREBY CLARIFIED THAT NO RETURNS SHALL BE
ACCEPTED IF THE PRODUCT PACKAGING IS OPENED OR PRODUCT IS
USED/CONSUMED EITHER IN PART OR OTHERWISE.
8.1.3 You may
request to return the Products, purchased from Us provided the
Products are sealed/unopened/unused and in original condition,
at the time of delivery itself. Please note, the requests for
returns will not be accepted after We had delivered the
Product(s) to You and You accepted the same. We may request You
to dispose of the Products for which We have processed a
refund.
8.2 Cancellations: You may cancel an order without
charge within one minute after placing the order. You cannot
cancel the order post expiry of the one-minute cancellation
window. The Firm may cancel an order (in full or partially) for
the reasons including shortage or unavailability of certain
Products or force majeure events. In case the Firm cancels any
order, You will not be charged for such cancellations, and the
Firm will refund You for any payment already made.
8.3
Refunds: Please be informed that when You opt to return the
Product(s) at the time of delivery, upon our verification of the
Product(s) and the documents relating thereto, the amount for
such Product(s) which are eligible for return as per these
Terms, will be processed at Your door step itself and deducted
from total bill of Your order and only the revised bill amount
(after returns) will be paid (if POD mode) by You to the third
party delivery service providers. For paid orders, refund for
such accepted returns will be processed basis payment gateway
refund processing timelines.
8.4 The terms for acceptance
of returns, cancellation and refunds shall be subject to
reasonable additional conditions and shall be communicated to
the User, from time to time, through the push notifications on
the Platform, or any other mode of communication as specified in
these Terms or as determined by the Firm.
Indemnification and Limitation of Liability
9.1 You agree to indemnify, defend and hold harmless the
Firm and its affiliates including but not limited to its (and
its affiliates) officers, partners, consultants, agents,
representatives and employees; and its third party partners
(“Indemnitees”) from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses
(including reasonable legal fees) asserted against or incurred
by the Indemnitees 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 and/or
the Privacy Policy. Further, You agree to hold the Indemnitees
harmless against any claims made by any third party due to, or
arising out of, or in connection with, Your use of the Platform,
any misrepresentation with respect to the data or information
provided by You, Your violation of the Terms and/or the Privacy
Policy, Your violation of applicable laws, or Your violation of
any rights of another, including any intellectual property
rights.
9.2 In no event shall the Firm and its officers,
partners, consultants, agents, and employees and its third-party
partners, be liable to You or any third party for any special,
incidental, indirect, consequential, or punitive damages
whatsoever, arising out of or in connection with Your use of or
access to the Platform or Content on the Platform.
9.3 The
limitations and exclusions in this Section apply to the maximum
extent permitted by applicable laws.
User care
10.1 The warranty and guarantee,
if any, applicable to the Products shall be that of the
manufacturer and You may directly reach out to the manufacturer
through the customer care details made available on the Product
packaging. The Firm is merely a reseller and disclaims any
liability with respect to the manufacturing defects, quality,
taste, performance of the Products sold.
10.2 You agree and
understand that the Product images are representation of the
Product and not actual image of the Product sold to You and You
shall read the physical product label for the calorific and
nutrition value, using instructions, batch, manufacture date,
content, weight, manufacturer and the customer care details, as
may be relevant, before consumption of the Products. WHILE EVERY
REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON
THE PLATFORM, ACTUAL PRODUCT PACKAGING, MAY CONTAIN MORE AND/OR
DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS
RECOMMENDED TO REFER THE INFORMATION PRESENTED ON THE ACTUAL
PRODUCT PACKAGING
10.3 The Firm reserves its right to
refuse to process transactions by Users with a prior history of
questionable transactions including without limitation, breach
of any agreements by User with the Firm or breach/violation of
any law or any charges imposed by bank or breach of any policy
without giving any reasons. The Firm may do such checks as it
deem fit before approving the User’s order for security or other
reasons at the discretion of the Firm. As a result of such
checks, if the Firm is not satisfied with the credibility of the
User or genuineness of the transaction, it will have the right
to reject such an order. The Firm may delay the dispatch or
cancel any transaction at its sole discretion, if it is
suspicious of any User’s authenticity or activity or if the User
is conducting high transaction volumes, to ensure safety of the
transaction.
10.4 Beware of fraud:
10.4.1 Please do
not share Your debit/credit card number, CVV number, OTP,
UPI/ATM pin and other sensitive information with anyone claiming
to be M/s Convenience Tech Solutions or Super Quick
representative. The Firm or its authorised representatives will
NEVER ask You to share the aforesaid details. Beware of
fraudsters and please report incidents immediately to Your bank,
the nearest police station.
10.4.2 For assistance on order
related issues, click on ‘Help’ section on the App.
10.4.3
Please exercise caution to verify the portals/website links
claiming to be Super Quick or a lookalike or a payment link
shared over social media or a social messaging apps claiming to
be Super Quick discounts or offers and proactive calls from
unauthorised numbers requesting for personal/financial
information.
Use of Platform
11.1. Subject to
compliance with the Terms, the Firm hereby grants You a
personal, non-exclusive, non-transferable, limited, revocable
privilege to access and use the Platform. You agree to use the
Platform only: (a) for purposes that are permitted by the Terms;
(b) in accordance with any applicable law, regulation or
generally accepted practices or guidelines; and (c) for availing
the Services through the Platform. You agree not to engage in
activities that may adversely affect the use of the Platform by
the Firm and/or other Users.
11.2 You agree that the
Platform or any portion of the Platform shall not be reproduced,
duplicated, copied, sold, resold or otherwise exploited for
commercial purposes.
11.3 You agree to not frame or utilise
the framing techniques to enclose any trademark, logo or any
other proprietorship information of the Platform.
11.4 You
agree not to access (or attempt to access) the Platform by any
means other than through the interface that is provided by the
Firm. You shall not use any 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 Platform or Content, or in any way
reproduce or circumvent the navigational structure or
presentation of the Platform, materials or any Content, to
obtain or attempt to obtain any materials, documents or
information through any means not specifically made available
through the Platform.
11.5 Further, You undertake not to
host, display, upload, modify, publish, transmit, store, update
or share any information that:
11.5.1 belongs to another
person and to which the User does not have any right;
11.5.2
is defamatory, obscene, pornographic, paedophilic, invasive of
another’s privacy, including bodily privacy, insulting, or
harassing on the basis of gender, libellous, racially, or
ethnically objectionable, relating or encouraging money
laundering or gambling, or otherwise inconsistent with or
contrary to the laws in force;
11.5.3 is harmful to
child;
11.5.4 infringes any patent, trademark, copyright,
or other proprietary rights;
11.5.5 violates any law for
the time being in force;
11.5.6 impersonates another
person;
11.5.7 threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with
foreign States, or public order, or causes incitement to the
commission of any cognisable offence or prevents investigation
of any offence or is insulting other nation;
11.5.8
contains software virus or any other computer code, file or
program designed to interrupt, destroy, or limit the
functionality of any computer resource;
11.5.9 is patently
false and untrue, and is written or published in any form, with
the intent to mislead or harass a person, entity, or agency for
financial gain or to cause any injury to any person;
11.5.10
disrupt or interfere with the security of, or otherwise cause
harm to, the Platform, systems resources, accounts, passwords,
servers, or networks connected to or accessible through the
Platform or any affiliated or linked sites;
11.5.11 violate
the Terms contained herein or elsewhere; and
11.5.12
reverse engineer, modify, copy, distribute, transmit, display,
perform, reproduce, publish,
license, create derivative
works from, transfer, or sell any information or software
obtained from the Platform.
11.6 You shall solely be
responsible for maintaining the necessary computer equipment,
gadgets and internet connections that may be required to access,
use, and transact on the Platform.
11.7 You understand and
acknowledge that by using the Platform or any of the Services,
You may
encounter Content that may be deemed by some Users
to be offensive, indecent, or objectionable, which Content may
or may not be identified as such. You agree to use the Platform
and any Services at Your sole risk and that to the fullest
extent permitted under applicable law. The Firm shall have no
liability to You for Content that may be deemed offensive,
indecent, or objectionable to You.
Disclaimer of Warranties & Liability
12.1 You expressly understand and agree that, to the
maximum extent permitted by applicable law:
12.1.1 The
Platform and other Content are provided by the Firm 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, the Firm
makes no warranty that the Platform or Services will meet Your
requirements, or Your use of the Platform will be uninterrupted,
timely, secure, or error-free. No advice or information, whether
oral or written, obtained by You from the Firm shall create any
warranty not expressly stated in the Terms.
12.1.2 The Firm
will not be liable for any loss that You may incur as a
consequence of unauthorized use of Your Account or Account
information in connection with the Platform either with or
without Your knowledge.
12.1.3 The Firm has endeavoured to
ensure that all the information on the Platform is correct, but
the Firm neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data,
information regarding the Services or otherwise. The Firm shall
not be responsible for the delay or inability to use the
Platform or related functionalities, the provision of or failure
to provide functionalities, or for any information, software,
functionalities, and related
graphics obtained through the
Platform, or otherwise arising out of the use of the Platform,
whether based on contract, tort, negligence, strict liability or
otherwise. Further, the Firm shall not be held responsible for
non-availability of the Platform during periodic maintenance
operations or any unplanned suspension of access to the Platform
that may occur due to technical reasons or for any reason beyond
the Firm’s reasonable control.
12.2 While the Firm has made
best efforts to display the colours of the Product image on the
Platform as accurately as possible. However, the actual colours
of the Products You see will depend on Your monitor or device,
and the Firm does not provide any guarantee in respect of such
display and will not be responsible or liable for the same.
12.3
The Firm makes no representation that the Content on the
Platform is appropriate to be used or accessed outside the
Republic of India. Any Users who use or access the Platform from
outside the Republic of India, do so at their own risk and are
responsible for compliance with the laws of such
jurisdiction.
12.4 The Terms do not constitute, nor may the
Terms be used for or in connection with any promotional
activities or solicitation by anyone in any jurisdiction in
which such promotional activities or solicitation are not
authorized or to any person to whom it is unlawful to promote or
solicit.
Violation of these Terms
13.1 You agree
that any violation by You of these Terms will likely cause
irreparable harm to the Firm, for which monetary damages would
be inadequate, and You consent to the Firm obtaining any
injunctive or equitable relief that they deem necessary or
appropriate in such circumstances. These remedies are in
addition to any other remedies that the Firm may have at law or
in equity.
Suspension and Termination
14.1 The Terms
will continue to apply until terminated by either You or the
Firm as set forth below. If You object to the Terms or are
dissatisfied with the Platform, You may (i) close Your Account
on the Platform; and/or (ii) stop accessing the Platform.
14.2
The Firm may disable Your access or block Your future access to
the Platform or suspend or terminate Your Account if it
believes, in its sole and absolute discretion, that You have
violated any term of these Terms or the Privacy Policy or in any
way otherwise acted unethically. Notwithstanding anything in
this Clause, all terms which by their nature are intended to
survive such termination, will survive indefinitely unless and
until the Firm chooses to terminate them.
14.3 Any such
termination under clause 14.1 and 14.2 above shall not cancel
Your obligation to pay for a Product purchased on the Platform,
or any other obligation which has accrued, or is unfulfilled and
relates to the period, prior to termination.
14.4 You shall
be liable to pay any fees or charges, if applicable in respect
of the Services until the date of termination by either party
whatsoever.
Governing Law and Jurisdiction
15.1 These
Terms shall be governed by and constructed in accordance with
the laws of India without reference to conflict of laws
principles and disputes arising in relation hereto shall be
subject to the exclusive jurisdiction of courts at Vijayawada,
India.
Grievance Redressal Mechanism
16.1
Grievance Handling:
16.1.1 For any order related issue, You
may first reach out to Us via chat support on the App for real
time basis resolution.
16.1.2 You may also write to Us at
support@superquick.in and We will strive to resolve Your order
related grievance within the timelines prescribed under
applicable laws.
Communications
17.1 You hereby expressly
agree to receive communications by way of SMS, telephone or VOIP
calls, messaging app like WhatsApp on the registered mobile
phone number /or electronic communications like e-mails from the
Firm and other third parties duly authorised by the Firm. You
hereby expressly consent to the monitoring and recording, by the
Firm of any and all communications between You and the Firm or
its agents, employees, consultants, contractors, or
representatives of the Firm or of their authorised partners, and
such monitoring or recording waives any further notice or
consent requirement under the applicable laws.
17.2 You can
unsubscribe or opt-out from receiving communications from the
Firm. In which case, the Firm will only send communications
solely required for the purposes of availing the Services by
You.
General Provisions
18.1 Notice: All
notices from the Firm will be served by email to Your registered
email address or by messaging app on the registered mobile phone
number or by general notification on the Platform.
18.2
Assignment: You cannot assign or otherwise transfer any rights
granted hereunder to any third party. The Firm’s rights under
the Terms are freely transferable by the Firm to its successor
or any third party without the requirement of seeking Your
consent.
18.3 Severability: If, for any reason any
provision of the Terms, or any portion thereof, to be
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of the
parties as reflected by that provision, and the remainder of the
Terms shall continue in full force and effect.
18.4 Force
Majeure: The Firm and/or the Platform shall not be liable to You
for its failure to perform or for delay in providing You access
to Your Account or to the Platform or any Services thereof, to
the extent such failure or delay results from causes beyond its
reasonable control, including, without limitation, acts of God,
fires, explosions, wars or other hostilities, insurrections,
revolutions, strikes, labour unrest, earthquakes, floods,
pandemic, epidemics or regulatory or quarantine restrictions,
unforeseeable governmental restrictions or controls or a failure
by a third party hosting provider or internet service provider
or on account of any change or defect in the software and/or
hardware of Your computer system.
Advertisements
19.1 As part of the
Services provided by Us; We may facilitate and allow third party
advertisers
(“Third Party Advertisers”) to place
advertisements on the Platform. You understand that any content
put out by Third Party Advertisers is not edited, reviewed or
otherwise endorsed by the Firm and we disclaim to the fullest
extent permitted by law any liability for the content published
by the Third- Party Advertisers.
19.2 To the extent You are
a Third-Party Advertiser You understand that in addition to
these Terms You will also be required to agree to the Firm’s
policies and other contractual agreements that You will need to
execute for placing Your advertisement. As a general principle
the content in the advertisements should not be misleading or in
violation of applicable law or guidelines issued by the
Advertising Standards Council of India or any other
self-regulating body. You also acknowledge that we have the sole
right at our discretion to remove any Third-Party Advertisement
or require You to prove factual substantiation if we are of the
view that it is in violation of applicable law or any self-
regulating industry body guidelines or is otherwise
misleading.
19.3 If You are of the view that the content of
a third-party advertiser is inappropriate or in violation of
applicable law, please write to us at the email address provided
above.
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reserved.