Terms of Service
Last updated: January 2025
Terms of use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in compliance with Rule 3(1) of the Information Technology Rules, 2011, which mandates the publication of rules, regulations, privacy policies, and Terms of Use for access or usage of the domain name "QckQuote". This document bears digital signatures and serves as a declaration of our commitment to transparency and compliance with regulatory requirements.
The Terms of Use, including incorporated policies, govern your use of the Platform, services, and tools. By accessing the Platform, you agree to be bound by these Terms of Use and relevant policies. If you transact on the Platform, applicable transactional policies will apply. Your use of the Platform constitutes a contract with Pempa Techno Innovative Solutions (doing business as QckQuote), and you agree to be bound by these Terms of Use and policies, which represent your binding obligations.
For the purposes of these Terms of Use, the terms "You" and "User" refer to any natural or legal person who has registered on the Platform as a buyer by providing required Registration Data. This includes Registered Users who access the Platform using computer systems. Note that QckQuote permits users to browse the Platform or make purchases without registering. The terms "We", "Us", and "Our" refer to Pempa Techno Innovative Solutions, the operator of the QckQuote Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by QckQuote Policies as amended from time to time.
Personal Account security
By using the Platform, you agree to maintain the confidentiality of your Display Name and Password and be responsible for all activities conducted under your Display Name and Password. You also agree that if you provide any information that is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms of Use, we reserve the right to indefinitely suspend or terminate or block your access on the Platform.
If we suspect a security breach or misuse of your account, we may request that you change your password or we may suspend your account without any liability to QckQuote, for such period of time as we deem appropriate in the circumstances. You are responsible for complying with this request. Failure to do so may result in loss or damage, for which we shall not be liable.
Your mobile phone number serves as your primary identifier on the Platform. You are responsible for ensuring that your mobile phone number and email address are accurate and up-to-date on the Platform at all times. If your mobile phone number or email address changes, you agree to promptly update the information on the Platform through OTP verification. You acknowledge that QckQuote will not be liable or responsible for any activities or consequences resulting from the use or misuse of your account information in cases where you have failed to update your revised mobile phone number and/or email address on the Platform. You agree to immediately notify QckQuote of any unauthorized use or breach of your password or account.
Eligibility
Use of the Platform is restricted to individuals who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are deemed 'incompetent to contract' as per the Indian Contract Act, 1872, including undischarged insolvents, are not eligible to use the Platform. Minors, defined as individuals under the age of 18, may only use the Platform or access content under the supervision and with the prior consent or permission of a parent or legal guardian.
Platform for Transactions
The Platform provides a marketplace for Buyers and Sellers to transact, but QckQuote remains a neutral platform provider and is not a party to any transactions. QckQuote does not control or participate in any transactions between Users, and its role is limited to providing the Platform for transactions to take place.
Hence forward:
- All commercial and contractual terms are exclusively determined and agreed upon by Buyers and Sellers. These terms encompass, without limitation, pricing, shipping costs and logistics, payment arrangements, delivery schedules and modalities, product and service warranties, and post- transaction support. QckQuote maintains a neutral stance and does not intervene in or influence the negotiation of these terms, which are the sole responsibility of the transacting parties.
- QckQuote provides no assurances or guarantees regarding the characteristics, quality, or suitability of products or services offered on the Platform. QckQuote neither endorses nor facilitates the sale or purchase of any products or services, and disclaims all responsibility for any inaccuracies, errors, or omissions, whether caused by QckQuote or third-party entities.
- QckQuote disclaims all responsibility for any failure or breach of contract between Buyers and Sellers. QckQuote does not provide any guarantees regarding the performance of Buyers and Sellers in relation to transactions facilitated by the Platform. Additionally, QckQuote is under no obligation to intervene in or resolve any disputes or disagreements that may arise between Buyers and Sellers.
- QckQuote maintains a neutral and hands-off approach to transactions between Buyers and Sellers on the Platform. It neither takes possession of, nor acquires any legal interest in, the products or services being exchanged. The ownership and title to the products or services remain solely with the Sellers until successfully transferred to the Buyers.
- The Platform functions as a facilitator, enabling Buyers and Sellers to connect and conduct transactions. QckQuote's responsibility is confined to providing a platform for communication, and it is clearly understood that any contractual agreements for the sale of products or services are exclusively between the Seller and the Buyer, with QckQuote having no role or liability in the transaction.
Contents on platform
All content, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, "Content"), is user-generated content provided by third-party users. QckQuote has no control over such content and merely acts as an intermediary. By providing such Content, you grant QckQuote a worldwide, perpetual, and transferable license to use, reproduce, modify, and distribute the Content, including creating derivative works, for any purpose, including promotional and advertising purposes, in any media, now known or later developed. This license is granted in accordance with our Privacy Policy and applicable laws.
Liability of warranties
The Platform, including all content, products, and services, is provided "as is" and "as available", without any warranties, express or implied, except as explicitly stated in writing. QckQuote makes no representations or guarantees regarding Platform availability or uptime, and information accuracy, completeness, or reliability. QckQuote disclaims all liability for any errors, omissions, or inaccuracies and assumes no responsibility for ensuring the Platform's continued availability or the accuracy of its content.
Privacy policy
We are committed to safeguarding your privacy and handling your personal information with care. We store and process your information, including sensitive financial data, on secure systems that meet the standards of the Information Technology Act 2000 and its regulations. Our Privacy Policy, explains how we collect, use, and protect your information. By using our Platform, you agree to our privacy practices. If you do not agree, please refrain from using the Platform.
We utilize your personal data to facilitate a seamless and personalized experience, including processing and fulfilling orders, delivering products and services, managing payments, communicating with you regarding orders, products, and services, and extending promotional offers with the option to opt-out. Additionally, we leverage your personal data to support sellers and business partners in order fulfillment and customer service, enhance the overall customer experience, resolve disputes and Troubleshoot issues, promote a secure and safe service, process payments and measure consumer Interest, inform you about relevant offers, products, services, and updates, customize and enhance Your experience, comply with regulatory requirements, detect and prevent error, fraud, and criminal Activity, and enforce our terms and conditions. We ensure transparency by describing how we use your Personal data at the time of collection.
With your permission, we may access certain information on your device, such as SMS, instant Messages, contacts, location, camera, photo gallery, and device information. We may also ask you to Provide additional information, including your PAN, credit report, GST number, government- issued ID Cards/numbers, and Know-Your-Customer (KYC) details. This information is used to:•Verify your Eligibility for certain products and services, like insurance, credit, and payment products •Issue GST Invoices for products and services purchased for business purposes •Enhance your experience on our Platform and provide access to products and services offered by us, sellers, affiliates, or lending Partners. Please be aware that withholding consent may restrict your access to these products and Services.
Selling
As a registered seller on the Platform, you are permitted to list items for sale in accordance with our Policies, which are incorporated into these Terms of Use. You must have the legal right to sell the items you list, and ensure that they do not infringe on the intellectual property, privacy, or other rights of third parties. Listings must only include text, graphics, and pictures that accurately describe the item for sale, and must be placed in an appropriate category on the Platform. You must maintain sufficient stock to fulfill sales, and ensure that the listing description accurately reflects the item's condition. If the description is misleading, you agree to refund any amounts received from the Buyer. You may not list the same product multiple times across different categories on the Platform; QckQuote reserves the right to delete any duplicate listings.
Payment
QckQuote's role is limited to providing a platform for Buyers and Sellers to transact. All transactions are subject to the terms and conditions agreed upon by the Buyer and Seller in a principal-to-principal contract. The payment facility is merely a convenience and does not render QckQuote liable for any disputes or issues arising from the transaction. QckQuote is not responsible for any non-delivery, non-payment, damage, breach of warranties, or fraud. By using the payment facility, parties acknowledge QckQuote's non-liability.
You acknowledge and agree that QckQuote's payment facility is solely an electronic payment facilitator, not a banking or financial service. It enables automated online payments, Cash On Delivery, collection, and remittance for transactions on the QckQuote Platform, leveraging existing authorized banking infrastructure and Credit Card payment gateways. QckQuote does not assume any fiduciary or trustee responsibilities regarding transactions or transaction prices.
Order Cancellation and Shipping
QckQuote operates solely as a marketplace platform that enables buyers and sellers to connect and carry out transactions. The scope of transaction is limited to sending enquiries, receiving quotations and sending purchase orders. All other aspects of the transaction including shipping, delivery, cancellation, return, refund, and any related disputes, are strictly between the buyer and the seller. QckQuote is not a party to these agreements and assumes no responsibility or liability for the execution, cancellation, return, or refund of any order.
E-platform for Transactions
You agree, understand, and acknowledge that QckQuote is an online platform that allows you to purchase products listed on the Platform at the indicated price at any time. You further agree and acknowledge that QckQuote is solely a facilitator and not a party to any transactions on the Platform, and does not have the ability to control or influence any transactions.
Trademark and copyright
QckQuote controls and operates the Platform, where products are sold by individual Sellers. All content on the Platform, including images, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. You may only use this material for personal, non-commercial purposes. You may not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way, including by email or electronic means, without the prior written consent of the owner. Modification or use of the materials for any purpose other than personal, non-commercial use is a violation of intellectual property rights and is prohibited. Any use that receives remuneration, whether in money or otherwise, is considered commercial use. You retain ownership of any content you provide or upload when using our Services, but grant us a royalty-free, irrevocable, unconditional, perpetual, and worldwide right to use the content for reasonable business purposes.
Jurisdiction
Unless otherwise specified, QckQuote makes no representation that materials on the Platform are appropriate or available for use in locations or countries outside of India. Those who choose to access the Platform from other locations or countries do so at their own initiative and risk. QckQuote is not responsible for supply of products or refunds for products ordered from outside India, or for compliance with local laws, to the extent that local laws are applicable. By accessing the Platform from outside India, you acknowledge that you are responsible for complying with all applicable laws and regulations in your jurisdiction.
Governing law
The parties agree that these Terms shall be governed by and construed in accordance with the laws of India, without reference to its conflict of laws principles. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts, tribunals, for a, and applicable authorities situated in Kerala, India, and the parties submit to the exclusive jurisdiction of such courts, tribunals, for a, and authorities.
Disclaimer
You acknowledge and undertake to access the services on the Platform and transact at your own risk, exercising your best and prudent judgment before entering into any transactions through QckQuote. We expressly disclaim any liability or responsibility for any actions or inactions of sellers, or any breach of conditions, representations, or warranties by sellers or manufacturers. We shall not mediate or resolve any disputes or disagreements between you and sellers or manufacturers, and you understand and agree to this disclaimer by using the Platform. We expressly disclaim all warranties and representations regarding the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, and fitness for a particular purpose of the products listed, displayed, or transacted on the Platform, as well as the content on the Platform. We have taken precautions to avoid inaccuracies in content, but this website, all content, information, software, products, services, and related graphics are provided "as is" without any warranty of any kind. QckQuote does not have any rights, title, or interest in the products sold through or displayed on the Platform, and QckQuote shall have no obligations or liabilities in respect of any transactions on the Platform.
Contact Information
If you have any questions about these Terms of Service, please contact us at legal@qckquote.com