Terms and Conditions
Please read these conditions carefully before using the Qavenue.in website. By using the Qavenue.in website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Qavenue.in service, you will also be subject to the terms, guidelines and conditions applicable to that Qavenue Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
Conditions Relating to Your Use of Qavenue.in
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of
your
account and password and for restricting access to your computer to prevent unauthorised access to your
account. You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should
inform us immediately
if you have any reason to believe that your password has become known to anyone else, or if the password is
being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us
with are correct and complete and inform us immediately of any changes to the information that you provided
when registering. You can access and update much of the information you provided us with in the Your Account
area of the website. You agree and acknowledge that you will use your account on the website to purchase
products only for your personal use and not for business purposes. Qavenue.in reserves the right to
refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit to Qavenue.in, to
understand our practices. The personal information / data provided to us by you during the course of usage
of Qavenue.in will be treated as strictly confidential and in accordance with the Privacy Notice and
applicable laws and regulations. If you object to your information being transferred or used, please do not
use the website.
3. E-platform for Communication
You agree, understand and acknowledge that the website is an online
platform that enables you to purchase products listed on the website at the price indicated therein at any
time from any location. You further agree and acknowledge that Qavenue is only a facilitator and is not and
cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of
sale of products on the website shall be a strictly bipartite contract between you and the sellers on
Qavenue.in.
4. Access to Qavenue.in
We will do our utmost to ensure that availability of the website will be
uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this
cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior
notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the
website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not
Qavenue.in, are responsible for all electronic communications and content sent from your computer to us and
you must use the website for lawful purposes only. You must not use the website for any of the
following:
(i) for fraudulent purposes, or in connection with a criminal offense or other unlawful
activity.
(ii) to send, use or reuse any material that does not belong to you; or is illegal, offensive
(including but not limited to material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious
to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any
way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or
friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or
which consists of or contains software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any "spam".
(iii) to cause annoyance, inconvenience or needless anxiety.
6. Reviews, comments, communications and other content
Users of this website may post reviews,
comments and other content; send communications; and submit suggestions, ideas, comments, questions, or
other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or
objectionable and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail
address, impersonates any person or entity, or otherwise misleads as to the origin of any content.
Qavenue.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in
the sole
judgement of Qavenue.in violates these Conditions of use and, or terminate your permission to access or use
this website.
If you do post content or submit material, and unless we indicate otherwise, you
(a) grant Qavenue.in and its affiliates a non-exclusive, royalty-free,
irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the world in any media;
and
(b) Qavenue and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your
intellectual property rights associated with such content and material. You agree to waive your right to be
identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to
Qavenue.in, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post
or that you otherwise provide on or through the website; that, as at the date that the content or material
is submitted to Qavenue.in: (i) the content and material is accurate; (ii) use of the content and material
you supply does not breach any applicable Qavenue.in policies or guidelines and will not cause injury to any
person or entity (including that the content or material is not defamatory); (iii) the content is lawful.
You agree to indemnify Qavenue.in and its affiliates for all claims brought by a
third party against it or its affiliates arising out of or in connection with a breach of any of these
warranties.
7. Claims against Objectionable Content
Because Qavenue.in lists millions of products for sale
offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be
aware of the contents of each product listed for sale, or each comment or review that is displayed.
Accordingly, Qavenue.in operates on a "notice and takedown" basis. If you believe that any content on the
website is illegal, offensive (including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent,
harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically
objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money
laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the
unity, integrity, security or sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software
viruses, (" Objectionable Content "), please notify us immediately by contacting us through Contact us page. Once this procedure has been followed,
Qavenue.in will make
all
reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
8. Copyright, authors' rights and database rights
All content included on the website, such as
text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of Qavenue.in, its affiliates or
its content suppliers and is protected by India and international copyright,
authors' rights and database right laws. The compilation of all content on this website is the exclusive
property of Qavenue.in and its affiliates and is protected by laws of India and
international copyright and database right laws. All software used on this website is the property of
Qavenue.in, its affiliates or its software suppliers and is protected by India and
international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Qavenue.in
and / or its affiliate's (as may be applicable) express written consent. In
particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to
extract (whether once or many times) for re-utilisation of any substantial parts of this website, without
Qavenue.in and / or its affiliate's (as may be applicable) express written
consent. You may also not create and/ or publish your own database that features substantial (eg: prices and
product listings) parts of this website without Qavenue.in and / or its
affiliate's (as may be applicable) express written consent.
9. Intellectual Property Claims
Qavenue.in and its affiliates respect
the intellectual property of others. If you believe that your intellectual property rights have been used in
a way that gives rise to concerns of infringement, please notify us immediately by contacting us through Contact us page
10. Disclaimer
You acknowledge and undertake that you are accessing the services on the website and
transacting at your own risk and are using your best and prudent judgment before entering into any
transactions through the website. You further acknowledge and undertake that you will use the website to
order products only for your personal use and not for business purposes. We shall neither be liable nor
responsible for any actions or inactions of sellers nor any breach of conditions, representations or
warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all
responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement
between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality,
suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness
for a particular purpose, or legality of the products listed or displayed or transacted or the content
(including product or pricing information and/or specifications) on the website. While we have taken
precautions to avoid inaccuracies in content, this website, all content, information (including the price of
products), software, products, services and related graphics are provided as is, without warranty of any
kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the
website. At no time shall any right, title or interest in the products sold through or displayed on the
website vest with Qavenue.in nor shall Qavenue.in have any obligations or liabilities in respect of any
transactions
on the website.
11. Indemnity and Release
You shall indemnify and hold harmless Qavenue.in, its subsidiaries,
affiliates and their respective officers, directors, agents and employees, from
any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty
imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by
reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Qavenue.in and/or its affiliates and/or any of its
officers and representatives from any cost, damage, liability or other consequence of any of the
actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this
behalf under any statute, contract or otherwise.
12. Children
Use of Qavenue.in is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use
Qavenue.in only with the involvement of a parent or guardian.
13. Other Businesses
Parties other than Qavenune.in and its affiliates
may operate stores, provide services, or sell product lines on Qavenue.in. For example, businesses and
individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated
companies and certain other businesses. We are not responsible for examining or evaluating, and we do not
warrant or endorse the offerings of any of these businesses or individuals, or the content of their
websites. Qavenue.in does not assume any responsibility or liability for the
actions, products, and content of any of these and any other third-parties. You can tell when a third-party
is involved in your transactions, and we may share customer information related to those transactions with
that third-party. You should carefully review their privacy statements and other conditions of use.
14. Communications
When you visit Qavenue.in, 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. For
contractual purposes, you consent to receive communications (including transactional, promotional and/or
commercial messages), from us with respect to your use of the website and/or your order placed on the
website.
15. Losses
We will not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential
loss that is not reasonably foreseeable to both you and us when you commenced using the website.
16. Alteration of Service or Amendements to the Conditions
We reserve the right to make changes to
our website, policies, and these Conditions of Use at any time. You will be subject to the policies and
Conditions of Use in force at the time that you use the website or that you order goods from us, unless any
change to those policies or these conditions is required to be made by law or government authority (in which
case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and will not affect the validity
and enforceability of any remaining condition.
17. Events beyond our reasonable control
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.
18. Waiver
If you breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these conditions.
19. Governing law and Jurisdiction
These conditions are governed by and construed in accordance
with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
20. Our Details
This website is operated by Qavenue.in.
For the Qavenue.in website, you could contact us by visiting: qavenue.in/user/contactus
21. Qavenue.in Software Terms
In addition to these Conditions of Use, the terms found here apply to
any software (including any updates or upgrades to the software and any related documentation) that we make
available to you from time to time for your use in connection with Qavenue.in (the "Qavenue.in Software").
Qavenue.in Software Terms
1. Use of Qavenue.in Software
You may use Qavenue.in Software solely for purposes of enabling you
to
use and enjoy the Qavenue.in Services as provided by Qavenue.in, and as permitted by the Conditions of Use,
these
Qavenue.in Software Terms and any Terms. You may not incorporate any portion of the Qavenue.in Software into
your
own programs or compile any portion of it in combination with your own programs, transfer it for use with
another service, or sell, rent, lease, lend, loan, distribute or sub-license the Qavenue.in Software or
otherwise assign any rights to the Qavenue.in Software in whole or in part. You may not use the Qavenue.in
Software
for any illegal purpose. We may cease providing any Qavenune.in Software and we may terminate your right to
use
any Qavenue.in Software at any time. Your rights to use the Qavenue.in Software will automatically terminate
without
notice from us if you fail to comply with any of these Qavenue.in Software Terms, the Conditions of Use or
any
other Terms. Additional third party terms contained within or distributed with certain Qavenue.in Software
that
are specifically identified in related documentation may apply to that Qavenue.in Software (or software
incorporated with the Qavenue.in Software) and will govern the use of such software in the event of a
conflict
with these Conditions of Use. All software used in any Qavenue.in Service is the property of Qavenue.in
and/or its
affiliates or its software suppliers and protected by laws of India including but not limited to any other
applicable copyright laws.
2. Use of Third Party Services
When you use the Qavenue.in Software, you may also be using the
services
of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these
third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other
person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Qavenue.in
Software, whether in whole or in part, or create any derivative works from or of the Qavenue.in Software.
Updates
In order to keep the Qavenue.in Software up-to-date, we may offer automatic or manual
updates
at any time and without notice to you.
Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the Qavenue.in (the website). These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future Qavenue.in service, you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating
to the sale of products on the website by us to you.
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an
order to purchase a product from us, you will receive an e-mail confirming receipt of your order and
containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is
acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the
product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by
you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has
been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one
package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch
Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us
for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for
your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and
provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the
products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail
relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an average
household. This applies both to the number of products ordered within a single order and the placing of
several orders for the same product where the individual orders comprise a quantity typical for a normal
household.
3. Returns
Please review our Returns Policy, which applies to products sold by us.
4. Pricing and Availabitlity
We list availability information for products sold by us on the
website, including on each product information page. Beyond what we say on that page or otherwise on the
website, we cannot be more specific about availability. Please note that dispatch estimates are just that.
They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you
will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as
applicable - unless stated otherwise.
5. Taxes
You shall be responsible for payment of all fees/costs/charges associated with the
purchase of products from us and you agree to bear any and all applicable taxes including but not limited to
VAT/CST, service tax, GST, duties and cesses etc.
6. Health & Safety
By purchasing any product from our Home & Kitchen shop, you acknowledge that you
have read and understood our Health & Safety Guidelines.
7. Children
Use of Qavenue.in is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase
only with the involvement of a parent or guardian.
8. Communications
When you visit Qavenue.in, 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. For
contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us
with respect to your order.
9. Losses
We will not be responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential
loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to
you was formed.
10. Alteration or Amendments to the Conditions
We reserve the right to make changes to our
policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of
Sale in force at the time you order goods from us, unless any change to those policies or these conditions
is required to be made by law or government authority (in which case it will apply to orders previously
placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that
condition will be deemed severable and will not affect the validity and enforceability of any remaining
condition.
11. Events beyond our reasonable control
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.
12. Waiver
If you breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance
with the laws of India, and the application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive
jurisdiction of the courts at Delhi.