Terms of use

TERMS OF USE

This Web Site is operated by Quirko. All inquiries may be directed to:

Quirko
F1, Tawakkal 
#12, High Street
Cooke Town
Bangalore – 5

Your access and use of quirkoshop.com (hereinafter referred to as this "Web Site") is governed by the terms and conditions mentioned hereinafter. Please take a few minutes to review these terms and conditions. Your use of this Web Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, please do not access and use this Web Site.

TERMS AND CONDITIONS SUBJECT TO CHANGE

Quirko reserves the right to update or modify these terms and conditions at any time without prior notice. Your access and use of this Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you access and use this Web Site.

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these terms and conditions. You shall not access and use this Web Site if you are not competent to contract under the applicable laws, rules and regulations.

USE OF WEB SITE

This Web Site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Quirko's products and services and/or to otherwise transact business with or contact Quirko, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Quirko expressly prohibits third parties from opting out of Quirko's products and services and/or contacts on behalf of a Quirko customer or other person or entity, without both (a) Quirko’s full knowledge as to the surrogate action being taken and (b) Quirko’s express permission. This prohibition is intended to protect the privacy and freedom of Quirko's customers and the personal relationship Quirko intends to develop with its customers and others, authorized to use this Web Site.

ELECTRONIC COMMUNICATION

You consent to receive communications from Quirko electronically. Quirko will communicate with you by email or by posting notices on the Web Site.

ONLINE SHOPPING PLATFORM

    1. You agree, understand and acknowledge that this Web Site is an online shopping platform, a venue enabling the users to buy any product listed on this Web Site at the price mentioned and on the terms and conditions indicated therein at any time from Bangalore and such other places as may be specified from time to time on this Web Site, subject to your being able to access this Web Site.
    2. You further agree and acknowledge that Quirko may not be involved in any sale and purchase of certain goods/products listed on this Web Site. Quirko is only a facilitator of the sale and purchase of such goods/products, and is not and cannot be a party to or have control in any manner over any transactions between the vendor/seller and the customer/buyer.
    3. Quirko shall neither be liable nor responsible for any actions or inactions of third party vendors and/or sellers or any breach of conditions, representations or warranties by such vendor or manufacturer of the products.
    4. Quirko shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the users.
    5. You further agree and undertake that you are accessing the products and services available on this Web Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Web Site.
    6. The Web Site is a channel of communication whereby the users can reach a larger base to buy and sell products or services.
    7. Quirko is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
    8. Quirko accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    9. Quirko is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.

COPYRIGHT NOTICE

    1. All of the content you see on this Web Site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of Quirko and/or is subject to trademark, trade dress, copyright and/or other intellectual property rights or licenses held by Quirko, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Quirko.
    2. The entire Content of the Web Site is copyrighted as a collective work under Indian and other applicable copyright laws, and Quirko owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
    3. The Content of this Web Site, and this Web Site as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (a) you use any such copies of the Content only for your own personal and non-commercial use, (b) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (c) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (d) you properly credit any intellectual property rights to Quirko.
    4. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Quirko reserves complete title and full intellectual property rights in any Content you download from this Web Site.
    5. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express prior written permission of Quirko.

SUBMISSIONS

We welcome your comments regarding this Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to this Web Site shall be and remain the exclusive property of Quirko. Your submission of any such Comments shall constitute an assignment to Quirko of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Quirko will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not to send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

PRODUCT INFORMATION

Most products displayed on this site are available with Quirko. In some cases, merchandise displayed for sale on this site may not be available with Quirko.

PRICE QUOTATIONS

The prices displayed on this site are quoted in Indian Rupee and are valid and effective only in Bangalore, India and such other places as may be specified from time to time on this Web Site. Tax and shipping charges shall apply for any orders placed, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Web Site at the time of your order.

PRIVACY POLICY

Access to and use of this Web Site is subject to our Privacy Policy. Quirko respects your privacy. Quirko will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others. We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this Web Site.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services and/or purchasing products on this Web Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Quirko. Further the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

LIMITATION OF LIABILITY

QUIRKO HAS MADE THIS SERVICE AND PRODUCTS AVAILABLE TO USE AS A MATTER OF CONVENIENCE. QUIRKO EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT QUIRKO RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE OR PURCHAS THE PRODUCTS IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL QUIRKO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEB SITE’S SERVICES AND/OR PRODUCTS OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF QUIRKO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THIS WEB SITE/SERVICES OR PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUIRKO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. QUIRKO DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON THIS WEB SITE. THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

INDEMNIFICATION

You agree to defend, indemnify and hold Quirko harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of this Web Site, including, without limitation, your access and use of this Web Site in violation of this Agreement.

GOVERNING LAW AND JURISDICTION

This Agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the access and use of this Web Site, services or products. Access and use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Quirko’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Quirko’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site, services or products or information provided to or gathered by Quirko with respect to such use.

TERMINATION

This Agreement is effective unless and until terminated by either you or Quirko. You may terminate this Agreement at any time, provided that you discontinue any further access to or use of this Web Site. Quirko may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Web Site. Such termination will be without any liability to Quirko. Upon any termination of the Agreement by either you or Quirko, you must promptly destroy all materials downloaded or otherwise obtained from this Web Site, as well as all copies of such materials, whether made under the Agreement or otherwise. Any such termination of this Agreement shall not cancel your obligation to pay for the services and products already ordered from this Web site or affect any liability that may have arisen under this Agreement.

DISCLAIMER

This Web Site and all Content on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your access and use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your access and use of our Web Site, and that Quirko shall not be liable for any damages of any kind related to your access and use of this Web Site.

ENTIRE AGREEMENT

These Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this Agreement.



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