VISITORS TO THIS WEBSITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
QBIK reserves the right to modify/change the policies as it deems fit on a time-to-time basis.
Statement of intellectual property
Delivery and shipping
Payments and pricing
Promotions and discounts policy
Disclaimer of warranties
Limitation of liability
Governing law and jurisdiction
Sensitive Personal Data and information
- STATEMENT OF INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, QBIK owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to QBIK without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. QBIK does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted QBIK the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. A user also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants QBIK, the right to edit, copy, publish and distribute any material made available on the Site by the User.
- TRADEMARKS & COPYRIGHT
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, all HTML and other codes contained in this site along with the entire contents of QBIK protected by copyright as a collective work under the applicable copyright laws. QBIK owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download/ print/ save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of QBIK and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with QBIK shall not be deemed to be in the public domain but rather the exclusive property of QBIK, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of QBIK, unless otherwise stated.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of QBIK or its content and software suppliers. The compilation of all content on this site is the exclusive property of QBIK.
- INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
QBIK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email firstname.lastname@example.org as provided herein below.
- INFORMATION WE COLLECT
We might collect your name, email, mobile number, phone number, shipping address and IP address.
Payment and billing information
We might collect your billing name, billing address and payment method when you buy the products. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website].
Information you post
We collect information you post in a public space on our website or on a third-party social media site belonging to www.qbik.in.
We may collect demographic information about you, events you like, events you intend to participate in, products you buy, or any other information provided by your during the use of our website. We might collect this as a part of a survey also.
If you use our website, we may collect information about your IP address and the browser you're using. We might look at the duration of time spent on our website. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.
Credit/ debit card details includes card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that www.qbik.in ensures the highest degree of data security.
Your account history shall include (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by QBIK for purposes of tax or regulatory compliance.
A cookie is a small text file that we place on your mobile device to enable various features of www.qbik.in. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
There are the following types of cookies that can be used:
Persistent cookies - these cookies remain on a user's device for the period of time specified in the cookie. They are activated each time the user visits the website that created that particular cookie.
Session cookies - these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Strictly necessary cookies
These cookies enable services you have specifically asked for. For the types of cookies that are strictly necessary, no consent is required.
These cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies services you have asked for, such as shopping baskets or e-billing, cannot be provided.
These cookies collect anonymous information on the pages visited. By using the Website, you agree that we can place these types of cookies on your device.
These cookies collect information about how visitors use the Website; for instance, which pages visitors go to most often, which pages they go to next and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All the information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Website works.
These cookies remember choices you make to improve your experience. By using the Website, you agree that we can place these types of cookies on your device.
These cookies allow the Website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Targeting or advertising cookies
These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
Regardless of which browser you are using, you can adjust the browser settings to not store cookies. Some browsers will allow you to only do this setting for certain websites.
How can I delete cookies?
You can delete cookies in your browser settings. You can find assistance either within the browser settings or on the browsers' WebPages.
At times we may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and we shall not be liable for the use or misuse of your information by such third parties.
- WAYS OF COLLECTING INFORMATION
Directly from the customer
We collect information directly from you when you register or buy products. We also collect information if you post a comment on our website or ask us a question through phone or email.
Passively from the customer
We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
Information sourced from third-parties
For example, if you use an integrated social media feature on our website, the third-party social media site will give us certain information about you. This could include your name and email address.
- USE OF YOUR PERSONAL INFORMATION
We reserve the right to use and share your information in the event we believe doing so is necessary to operate this website or where such disclosure may be required by law, or to protect our right or the rights of others. We shall only use information as otherwise permitted by law.
We use information to contact you
We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.
We use information to respond to your requests or questions
We might use your information to confirm your registration for an event or contest.
We use information to improve our products and services
We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
We use information to look at site trends and customer interests
We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
We use information for security purposes
We may use information to protect our company, our customers, or our websites.
We use information for marketing purposes
We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting.
We use information to send you transactional communications
We might send you email to enroll for our newsletter or for discounts and offers.
PLEASE NOTE: In addition, we reserve the right to use and share your information in the event we believe doing so is necessary to operate this website or where such disclosure may be required by law, or to protect our right or the rights of others.
- SHARING OF INFORMATION WITH THIRD-PARTIES
We will share information with third parties who perform services on our behalf
We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.
We will share information with the event organizers
We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies.
We may share information if we think we have to, in order to comply with the law or to protect ourselves
We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business
For example, if a part of our business is sold we may give our customer list as part of that transaction.
We may share your information for reasons not described in this policy
We will tell you before we do this.
(In performing checks, your information may be disclosed to credit reference agencies who keep a record of that information, but these are not credit checks and your credit rating will not be affected.)
From time to time, we may also share your information with carefully selected partners to enable them to help us provide you with the best service from QBIK. However, we will never give permission for any of these partners to contact you directly with marketing information unless we have your consent and all our parties adhere to strict data protection policies.
V EMAIL OPT-OUT
You can opt out of receiving our marketing emails
To stop receiving our promotional emails, please email unsubscribe to email@example.com. It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.
VI UPDATES TO THIS POLICY
VII SECURITY MEASURES
Our internal data security policies restrict access to customers' personal information to authorized employees. Authorized employees may use our customers’ personal information for QBIK’s business purposes only. Our employees are bound by QBIK’s policies that require them to maintain the confidentiality of our customers' personal information. Employees who violate these requirements are subject to disciplinary action, up to and including termination.
We maintain physical, electronic, and procedural safeguards that are designed to guard our customers' personal information. For example, for the security of your online visit to our Websites, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, QBIK cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary and to the extent possible so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with our Website. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable security practices and procedures and current Internet security methods and technologies in compliance with Information Technology Act, 2000 and rules made there under.
VIII THIRD PARTY SITES
This Website offers for sale, certain products (the "Products") domestically (i.e. in India) and all over the world. By placing an order for Products through this Website, you agree to the terms set forth herein.
QBIK has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by QBIK. QBIK also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
If you purchase any Products, you will be responsible for paying any applicable sales tax. Children are not eligible to use our Websites. We ask that minors (under the age of 18) only use our Websites in conjunction with their parents or guardians. Children under 13 years of age should not send any information about themselves, such as their name, address, email, phone number, photographs, videos, geolocation information or other personal data to this website through its blog, contests entries, sweepstakes, promotions, or any other method, even with permission from a parent or guardian. If a child under 13 submits information through any part of our Websites becomes aware that the person submitting the information is a child under 13, we will attempt to delete this information as soon as possible. Because we do not ask for or knowingly collect any personal information from or about children under 13, we do not use or disclose such information to third parties.
We further take no responsibility for any order placed claimed by any minor, any person of unsound mind, unauthorized agents and/or any person otherwise incompetent to place such order.
Registration and Accounts
By creating an account with our store, you will be able to move through the checkout process faster, store multiple shipping addresses, view and track your orders in your account and more.
You can register by clicking on the Registration Link at our site. After which, you will get regular updates and can avail of all the services offered at QBIK. For the same you may have to disclose these details as it helps facilitate a smooth operation and ensures a secure shopping transaction for you. Rest assured, your data will remain secure with us.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Your Information (or any items listed):
"Your Information" is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site we may only act as a passive conduit for your online distribution and publication of Your Information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You does not have any right to; (b) 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; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
Every effort has been made to accurately show and display the products that appear on the site, however we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as screens and monitors of electronic devices vary.
Cancellations By The User
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, we will not refund the amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the site.
Cancellations By QBIK
QBIK shall refuse and cancel orders placed by you due to non-availability of product and inform you about rejection of your order. QBIK will refund your payment within 7 working days. With respect to refund, www.qbik.in will give necessary instructions to the payment gateway within 7 working days.
It is pertinent to note that the payment gateways may take up to 30 days to credit such amount to your account.
Our garments are all on a made to order basis. Once your order is placed, we do not offer any exchange or returns. Exactness is not guaranteed.
DELIVERY AND SHIPPING
- For any international product shipment of gross value more than INR 5,000, a shipping fee of INR 3,500 will be charged.
- Custom duty to be borne by the customer (in case of international shipment) if any.
- No charges applicable for domestic shipments.
The time frame for the eventual delivery of the order is mentioned individually along with the details of every product on our website. If we are unable to process your order due to inaccurate or incomplete payment information, your order processing may be delayed by an additional 7 business days. Orders with out of stock item(s), may take an additional 30 business days to process and ship. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
QBIK should not be liable for any non-delivery of the product if details provided by you, such as recipient name, address or contact number are incorrect. If the product is returned to www.qbik.in, we will be entitled to charge extra cost for resending the product(s) back on the correct address. The extra cost of re-delivery shall be paid upfront and the delivery time may extend.
The price of our merchandise is inclusive of the VAT. The VAT charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable.
For international deliveries, a porch or door delivery without signature is done. This is in line with international standards of shipping. We do not require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a porch delivery at the address given (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation.
Also, an optional sms with multiple delivery options is shared by our delivery partner wherever the service is available. Choosing an option is not mandatory, however, in the case, a customer chooses a custom delivery option, all liabilities of service / product delivery now would transfer to the customer, and we will be absolved of responsibility, thus evidence of delivery and fulfilment by us of our obligation. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
PLEASE NOTE: Although we try our best to deliver your items during the estimated timeframe mentioned along with the product, the delivery timeframe is not guaranteed. No extra handling charges will be charged to you at the time of delivery. Please do not make any such extra payments to anyone at the time of delivery. If you are not home, the order will be taken back and marked as not delivered. You can then obtain directions on how to procure your order. You could track the status of your order from the “My Account” Tab available on the Homepage of our website which shall give a personalised space to view and track all your Orders with us.
As indicated above, unless requested by the Logistics partner, we do not require a signature for delivery. We do not ask for any personal information from our customers at the time of delivery other than identification proof. Please be careful while providing any information to any person claiming to be an agent of QBIK.
- PAYMENTS AND PRICING
PAYMENTS – You may opt for a payment method from under the following heads:
1. Paying with a credit card or debit card
- Discover Network
- American Express
- Visa, MasterCard, or American Express pre-paid credit or gift cards
2. Net Banking
If your payment method has been declined, do one of the following:
- Confirm your credit card number, expiration date, billing address, and phone number were entered correctly in Your Account.
- Contact your bank.
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
PRICING – We strive to provide you with the best prices possible on products and/or services you buy from us, however, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While, we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
The individual product price as showcased on www.qbik.in includes supplier product price, handling charges, styling fee and customization charges (if any).
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication which will be deemed adequate service of notice / electronic record. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
- PROMOTIONS AND DISCOUNTS POLICY
Sale offers are valid for a limited time and are valid on online purchases only at QBIK, unless otherwise noted. We reserve the right to change or cancel promotions at any time. Offers void where prohibited by law.
We reserve the right to introduce the Promotions (individually or collectively) at intervals of our choice. While the general terms of this Promotions Policy sets out our terms and conditions governing all of our Promotions, we may also provide separate terms governing each one of its Promotions. While choosing to participate in the Promotions, the Users are, apart from this Promotions Policy, requested to peruse and understand the terms which govern individual Promotions. We may, at any time and without having to service any prior notice to the User, modify or delete its Promotions or the terms and conditions governing such Promotions. We may provide the Promotions on a select range or on all of our Products. The Promotions may also be applicable on any, or certain specific purchases carried out by the User on the Website. Further, without having to service any notice on the User, we may withdraw all, or a part of its Promotions from the Website.
Notwithstanding the term of the Promotions, the Promotions will be operational only until stocks last, and we shall reserve the unconditional right to modify, suspend, or cancel any promotion any time. We reserve the right to modify the terms and conditions of any of the promotions offered on the Website at any time without assigning any reasons, and without any prior intimation to the Users.
- DISCLAIMER OF WARRANTIES
While efforts are made to keep the information on this site accurate and timely, QBIK does not guarantee or endorse the content, accuracy or completeness of the information, text, graphics, hyperlinks and other items contained herein or on any other server. This site and the materials, information, and references to services and products if any herein, including without limitations, text, graphics and links, are provided "as is" without representations or warranties of any kind, whether express or implied.
To the fullest extent permissible QBIK disclaims any warranties, express and/or implied, including but not limited to implied warranties of merchantability, non-infringement, freedom from cookies, computer virus and warranties arising from course of trade or course of performance of services. QBIK does not represent or warrant that the functions contained in the site will be uninterrupted or error free, that defects will be corrected or that the site or the server that makes the site available, are free of viruses or other harmful components. QBIK does not make any warranties or representations regarding the use of the materials in the site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
You will release, indemnify, defend and hold harmless QBIK, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to QBIK. When QBIK is threatened with suit or sued by a third party, QBIK may seek written assurances from you concerning your promise to indemnify QBIK upon your failure to provide such assurances may be considered by QBIK to be a material breach of this Agreement. QBIK will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of QBIK’s choice at its expense. QBIK will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend QBIK against any claim, but you must receive QBIK’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- LIMITATION OF LIABILITY
THIS WEBSITE’S entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
QBIK will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Fraudulent /Declined Transactions: We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- COMPLAINT GREVIENCES
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Rajesh Kumar
Address: Qbik, 86A Shahpurjat, Ground Floor. New Delhi- 110049
Phone: +91 8860643188
- GOVERNING LAW AND JURISDICTION
This Website originates from New Delhi. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor QBIK will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in New Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
- SENSITIVE PERSONAL DATA AND INFORMATION
Sensitive personal data or information of a person means such personal information which consists of information relating to;—
(ii) Financial Information Such As Bank Account Or Credit Card Or Debit Card Or Other Payment Instrument Details;
(iii) Physical, Physiological And Mental Health Condition;
(iv) Sexual Orientation;
(v) Medical Records And History;
(vi) Biometric Information;
(vii) Any Detail Relating to the above Clauses as Provided to Body Corporate for Providing Service; and
(viii) Any Of The Information Received Under Above Clauses By Body Corporate For Processing, Stored Or Processed Under Lawful Contract Or Otherwise: Provided That, Any Information That Is Freely Available Or Accessible In Public Domain Or Furnished Under The Right To Information Act, 2005 Or Any Other Law For The Time Being In Force Shall Not Be Regarded As Sensitive Personal Data Or Information For The Purposes Of These Rules
UPDATES TO THIS POLICY
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.