This Web Site is operated by Quirko. All inquiries may be directed to:
#12, High Street
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.