PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR ORDERING PRODUCTS FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this platform, [Qwiggo] (the “Platform”), [ARL Retail Pvt Ltd] (“Business Name”) offer of products for purchase on this Platform or your purchase of products available on this Platform. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [ARL Retail Pvt Ltd] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform. [ARL Retail Pvt Ltd] will alert you that changes or revisions have been made by indicating at the end of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [ARL Retail Pvt Ltd] encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [ARL Retail Pvt Ltd] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform. If you would like to print this Agreement, please click the print button on your browser toolbar.
PRODUCTS
Terms of Offer. This Platform offers for sale certain products (the “Products”). By placing an order for Products through this Platform or registering on this Platform or using this Platform, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct [ARL Retail Pvt Ltd] sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from [ARL Retail Pvt Ltd] and it’s designated in house or third party call team(s).
Opt-Out Procedure: We provide an easy way to opt-out of future solicitations. You may also choose to opt-out, via sending an email to support@qwiggo.com
Proprietary Rights. [ARL Retail Pvt Ltd] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [ARL Retail Pvt Ltd]. [ARL Retail Pvt Ltd Name] also has rights to all trademarks and trade dress and specific layouts of this platform, including calls to action, text placement, images, and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax or any other taxes.
PLATFORM
Content; Intellectual Property; Third-Party Links. In addition to making Products available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites, about food items, medicines, nutritional and dietary supplements. [ARL Retail Pvt Ltd] does not always create the information offered on this Platform; instead, the information is often gathered from other sources. To the extent that [ARL Retail Pvt Ltd] does create the content on this Platform, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. [ARL Retail Pvt Ltd] does not endorse the contents on any such third-party websites. [ARL Retail Pvt Ltd] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Platform; [ARL Retail Pvt Ltd] is not responsible for any damages resulting from the use of this platform by anyone. You will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform
License. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, non-commercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [ARL Retail Pvt Ltd] or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Platform, you hereby grant [ARL Retail Pvt Ltd] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [ARL Retail Pvt Ltd] does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. [ARL Retail Pvt Ltd] is not liable for any damage or harm resulting from any posts by or interactions between users. [ARL Retail Pvt Ltd] reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content [ARL Retail Pvt Ltd] deems objectionable, in ARL Retail Pvt Ltd.’s sole discretion.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS PLATFORM AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE PLATFORM AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. [ARL Retail Pvt Ltd] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR PLATFORM CONTENT, OR ANY RELIANCE UPON OR USE OF THE PLATFORM CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, [ARL Retail Pvt Ltd] MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS PLATFORM IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
[ARL Retail Pvt Ltd] ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM 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 PLATFORM.
[ARL Retail Pvt Ltd] 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 PLATFORM CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; 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.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless [ARL Retail Pvt Ltd], 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 Platform content or your use of the Platform content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [ARL Retail Pvt Ltd]. When [ARL Retail Pvt Ltd] is threatened with suit or sued by a third party, [ARL Retail Pvt Ltd] may seek written assurances from you concerning your promise to indemnify [ARL Retail Pvt Ltd]; your failure to provide such assurances may be considered by [ARL Retail Pvt Ltd] to be a material breach of this Agreement. [ARL Retail Pvt Ltd] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Products, with counsel of [ARL Retail Pvt Ltd] choice at its expense. [ARL Retail Pvt Ltd] 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 [ARL Retail Pvt Ltd] against any claim, but you must receive [ARL Retail Pvt Ltd] 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 Platform or Products.
PRIVACY
[ARL Retail Pvt Ltd] believes strongly in protecting user privacy and providing you with notice of ARL Retail Pvt Ltd.’s use of data. Please refer to [ARL Retail Pvt Ltd] privacy policy, incorporated by reference herein, that is posted on the Platform.
AGREEMENT TO BE BOUND
By using this Platform or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions and other policies on this Platform.
VII.GENERAL
Force Majeure. [ARL Retail Pvt Ltd] will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, lockdown or boycott.
Cessation of Operation. [ARL Retail Pvt Ltd] may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and [ARL Retail Pvt Ltd] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [ARL Retail Pvt Ltd] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Agreement will be governed by the laws of New Delhi, India without regard to its conflict of law principles to the contrary. Neither you nor [ARL Retail Pvt Ltd] 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 Delhi. By using this Platform 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.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. [ARL Retail Pvt Ltd] reserves the right to terminate your access to the Platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform, and [ARL Retail Pvt Ltd] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Platform is terminated, [ARL Retail Pvt Ltd] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until [ARL Retail Pvt Ltd] chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use. [ARL Retail Pvt Ltd] makes no representation that the Platform or Products are appropriate or available for use in locations outside India. Users who access the Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [ARL Retail Pvt Ltd] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS PLATFORM OR ORDERING PRODUCTS FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
Last Revision Date: 24th February 2021
