- The following describes the terms on which the qprime.shopclues.com [operated and managed by Clues Network Private Limited (hereinafter referred to as “Company”) a company incorporated under the Companies Act, 1956 having its registered office at 1404-07, 14th Floor, Tower – B, Unitech Cyber Park, Sector – 39, Gurugram, Haryana – 122003, India] shall function and operate.
- Your use of the Platform and services are governed by the following terms and conditions ("User Agreement") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Clues Network Private Limited and these terms and conditions including the policies constitute Your binding obligations.
- For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, '"You", "Your" shall mean any natural or legal person who is accessing the Platform, its contents and using the services offered on or through the Platform and has agreed to become a member of the Platform by providing Registration Data (as defined hereinafter) while registering on the Platform as a Registered User / Guest User using the digital systems of the Platform and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our", “company” and "qprime.shopclues.com" shall mean Clues Network Private Limited and includes its associates, affiliates and subsidiary (ies).
- This Agreement is effective for current users, and immediately upon acceptance by new users.
- When You use any of the services provided by us through the Platform, including but not limited to Product Reviews, Seller Reviews etc., You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to You. It is Your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Platform following subsequent to the posting of updates/changes shall mean that You accept and agree to the revisions. As long as You comply with the provisions of this Agreement, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
- By accepting this User Agreement, You also accept and agree to be bound by the Terms and Conditions as provided from time to time in the following hyperlinks:
- The use of the Platform is offered to You conditioned upon Your 'Acceptance' of all the terms, conditions, and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon You along with any amendments made by qprime.shopclues.com at its sole discretion and posted on the Platform and You shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented and concluded electronically.
- User Eligibility
- Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform and shall not use the Platform. As a minor if You wish to use the Platform, such use may be made by Your legal guardian or parents on the Platform. Clues Network Private Limited reserves the right to terminate Your membership and / or refuse to provide You with access to the Platform if it is brought to its notice or if it is discovered that You are under the age of 18 years.
- Business entity registration: If You are registering as a business entity, You represent that You are duly authorized to accept this User Agreement and You have the authority to bind Your business/legal entity to this User Agreement.
- Guest User: If You are transacting as a Guest User, You shall not be allowed to list/ sell products or services on Platform and there could be certain additional restrictions on You as a Guest User for Your purchase and the other functionality of the Platform available to You. As a Guest User, Buyer will not be eligible for Qcash and all other benefits that are not assignable to a non-registered user.
- Your Account
- If You use the Platform, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this User Agreement. We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform and refuse to provide You with access to the Platform.
- Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile phone number and Your email address is up to date on the Platform at all times. You agree to notify Us promptly if Your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
- You agree that qprime.shopclues.com shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
- If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
- Using this Platform
- You understand and agree that Platform merely provide services to its Registered Users and persons browsing/visiting the Platform. All items advertised/ listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. qprime.shopclues.com as an intermediary under the IT Act, neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. qprime.shopclues.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and Shopclues shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
- You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles: "Your Information” is defined as any information You provide to us or any other users of the Platform ("Users") in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area, or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.
- In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- a. belongs to another person and to which You do not have any right;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- c. harm minors in any way;
- d. infringes any patent, trademark, copyright, or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items; Shall, if and when brought to his notice, any such infringement caused by his listing, immediately take down the infringing listing upon notification and discontinue selling that product if the Intellectual property rights of a third party are infringed.
- e. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- f. violates any law for the time being in force;
- g. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- h. impersonate another person/entity;
- i. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- j. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- k. shall not be false, inaccurate or misleading;
- l. violate any laws, third party rights, or our policies including but not limited to the Prohibited and Restricted Items policies;
- m. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- n. shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules thereunder;
- You shall undertake and ensure that descriptions, images, and other content pertaining to goods or services on qprime.shopclues.com is accurate and corresponds directly with the appearance, nature, quality, purpose, and other general features of such good or service.
- While using this Platform, You will also not:
- • use our Platform or services if You are not able to form legally binding contracts and, are under the age of 18, or are temporarily or indefinitely suspended from our Platform;
- • circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
- • take any action that may undermine the feedback or rating systems;
- • transfer Your Account to another party without the Company's consent;
- • distribute or post spam and chain letters;
- • distribute viruses or any other technologies that may harm the Platform or the interests or property of users of the Platform;
- • copy, modify, or distribute content from the Platform and the Company's copyrights and trademarks; or
- • harvest or otherwise collect information about users, including email addresses, without their consent; or
- • use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions holds, or other policy consequences.
- • ship anything to the customer with less than 90 (Ninety) days of shelf life in non-food Products and 45 ( forty five) day or 30 percent shelf life in Food Products.
- • Refuse to provide warranties for the products which are under warranty and other non-branded accessories sold along with refurbished goods.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Service Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular, You shall ensure that if any of Your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.
- Violations of this policy may result in a range of actions, including:
- • Cancellation of Item Listing(s)
- • Loss of Settlement Amount
- • Limits placed on account privileges
- • Loss of "Power Seller" status
- • Account suspension / termination
- • Criminal charges / claim for damages
- Platform for Communication
- QPRIME.SHOPCLUES.COM ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE PLATFORM TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL QPRIME.SHOPCLUES.COM HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL QPRIME.SHOPCLUES.COM HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTERESTs IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
- qprime.shopclues.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and qprime.shopclues.com shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
- All commercial / contractual terms are offered and agreed by and between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. qprime.shopclues.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial/ contractual terms between Buyers and Sellers.
- qprime.shopclues.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User and the Seller). qprime.shopclues.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Platform. qprime.shopclues.com as an intermediary and in good faith, shall try to redress the grievance of the User arising out of its transaction with another User (Seller) on its Platform. However, qprime.shopclues.com no manner shall be liable and responsible on behalf of the Users for their respective obligations.
- qprime.shopclues.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that respect.
- qprime.shopclues.com does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to qprime.shopclues.com. Prices, Product description and availability of the Product are Seller's responsibility. qprime.shopclues.com does not claim any liability for any erroneous product description or specification of the product, being the sole responsibility of the Seller.
- qprime.shopclues.com does not at any point of time during any transaction between the Buyer and the Seller on the Platform come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer. qprime.shopclues.com may provide fulfillment and logistics services to certain merchants/Sellers but still does not take possession or title of any product or service sold.
- Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and qprime.shopclues.com shall not in any manner be held liable for the same.
- The Platform is only a venue through which Users can reach a larger base to buy and sell items or services. qprime.shopclues.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with qprime.shopclues.com nor shall qprime.shopclues.com have any obligations or liabilities in respect of such contract for sale. qprime.shopclues.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You transact with.
- You release and indemnify qprime.shopclues.com and/or any of its shareholders, directors, officers, affiliates, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, qprime.shopclues.com cannot control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with foreign nationals, under-age persons or people acting under false pretense.
- Disclaimer: You acknowledge and undertake that You are accessing the services on the Platform and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Platform. 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 any and all responsibility and liability in that regard.
- Purchase and Payment
- You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, custom duty, import duty, etc. and terms and conditions for sales before purchasing any item through the Platform.
- We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available. The Payment methods used by qprime.shopclues.com are secure and as per the applicable standards as per law.
- Electronic Execution and Communications
- When You use the Platform or send emails or other data, information, or communication to qprime.shopclues.com, You agree and understand that You are communicating with qprime.shopclues.com through electronic records. You consent to receive communications from us electronically. For contractual purposes, You consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to Your use of the Platform and/or Your order placed on the Platform. We will communicate with You by email or by posting notices on the Platform or through any other qprime.shopclues.com services. You agree that all the agreements, notices, disclosures, and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing prescribed by law.
- If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
- Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.
- Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- Also, the company or sellers may provide certain order, shipment, and product information--such as titles--to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
- On receipt of the payment from the buyer, the Company shall instruct the seller to take necessary actions for delivery, and the seller should ship and enter delivery information including the name of the delivery company, the tracking number, etc. through Shopclues Sales Manager ("QSM") within 3 business days from the date of the delivery instruction. If the seller fails to do so, the Company may cancel the transaction and shall not be responsible or liable for any loss or damages to the seller due to such cancellation.
- Sellers shall take all reasonable actions for buyers to receive purchased items within the time period specified by the seller on the item detail page. If a seller fails to deliver the purchased item within such period or the item was not received by the buyer due to a reason not attributable to the buyer (such as delivering to the wrong address), the seller shall bear all liabilities relating thereto. If any transaction is canceled due to a reason attributable to the seller (e.g. non-delivery of the purchased items), the Company may take actions against the seller.
- The Company may at its option provide overseas delivery service and other services related to delivery in association with third-party service providers.
- Cancellation, Return and Refund
- Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to the return process rather than the cancellation process.
- Buyers may request for return of purchased items at any time within 7 days from the date of receipt. With respect to return-related matters, applicable laws and regulations shall prevail over the terms and conditions suggested by sellers.
- Return costs shall be borne by the party attributable to the return request, such as:
- • the buyer, where the return is due to his/her change of mind; and
- • the seller, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item
- For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs. We or sellers take no responsibility and assume no liability for such cases.
- Upon completion of the cancellation or the return process, the Company shall refund the purchase by immediately canceling the credit card transaction authorization in the case of payment by credit card or by depositing the amount paid by the buyer in the Q-Account of the buyer in the case of payment by cash. Buyers may at any time request to withdraw from the Q-Account of the buyer and the requested amount shall be remitted to the buyer's bank account within 2 business days. The Buyer shall agree that the amount shall be returned in its Q-Account and shall not raise any objection thereof.
- Pricing and Seller Activities
- Sellers shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount, and terms and conditions for sales is updated through QSM and shall not post inaccurate information.
- The price of items and option items for sale will be determined by the seller at his/her own discretion. Sellers may wish to take into consideration all relevant factors including but without limitation, Basic Fees, Option Item Fees, Shipping Charge Fees, and other service fees. Also, the settlement amount (before deducting other service fees therefrom) payable to a seller for a sale will be determined by the Company at its own discretion based on the price of the items and Basic Fees.
- The price of an item and Shipping Charge shall include the entire amount to be charged to buyers such as Goods and Service tax, levies, tariff sand any other applicable taxes, levies, duties, etc. and sellers shall not charge buyers such amount additionally and separately.
- Sellers agree that the Company may at its discretion engage in promotional activities for and on behalf of sellers to induce transactions between buyers and sellers. In no event, such adjustment of Basic Fees and other service fees will affect the originally determined settlement amount payable to sellers. The final actual price that buyers will pay will be the price that such adjustment is applied to. For the purpose of promoting the sales of the items listed by sellers, the Company may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by the Company.
- The sellers also agree that the Grievance Officer appointed for qprime.shopclues.com shall also act as the Grievance and/ Nodal Officer for the seller and shall perform all the functions for the seller as being performed for qprime.shopclues.com. Sellers shall issue invoices, receipts, credit card slips or tax invoices to buyers on request, if such issuance is required under the laws of India, and sellers agree that the Company may issue such receipts or tax invoice under the name of the seller for and on behalf of the seller.
- International Trading
- Sellers may list their items on qprime.shopclues.com and on our global website ("Qoo10.com") for international or cross-border trading and it is important that all listings and transactions comply with applicable laws. Sellers are responsible for ensuring that their transactions are lawful in both the country of the seller and the country of the buyer. We strongly encourage sellers to learn about the laws of their own country as well as the countries where they plan to do business.
- Sellers should make sure that the item they're selling can be lawfully posted outside of the country where they live and also make sure that they can lawfully import the item into the buyer's country before sending the item. Sellers should discuss possible export and/or import problems with potential buyers, do careful research, and hire an expert if necessary, to make sure that all transactions comply with all applicable laws.
- Sellers may help ensure compliance with applicable laws by following these listing practices:
- • State on the item detail page that You'll only ship Your items to the countries which legally allow the items to be imported.
- • Include a clause in the item detail page describing any limitations on the items. For example, "No shipment to Japan."
- Service Fees
- Membership on the Platform is free. Being an Intermediary under the Information Technology Act,2000, qprime.shopclues.com does not charge any fee for browsing on the Platform. However, before You list an item for sale through the Platform, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. qprime.shopclues.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Platform and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Clues Network Private Limited within such time as specified in the invoice.
- Taxes: You are responsible for paying all fees associated with the use of the Platform and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.
- Non-payment: qprime.shopclues.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Platform and refuse to provide You with access to all current and future use of the Platform in case of non-payment of fees by You to qprime.shopclues.com. qprime.shopclues.com also reserves the right to take legal action in case of non- payment of fees.
- All service fees are subject to GST and other taxes by applicable laws and regulations and the Company will charge sellers such GST and other taxes additionally. Sellers agree that service fees and taxes may be paid by deducting from the purchase price paid by buyers. The Company shall issue receipts or tax invoices for service fees paid by sellers on a monthly basis.
- qprime.shopclues.com shall collect payments using third party payment providers of its affiliate brands/companies to receive payments from the Buyers on Seller's behalf. qprime.shopclues.com or its affiliates shall not be responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. qprime.shopclues.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers.
- Sellers shall submit personal/business identification information such as a copy of the GST Certificate, PAN Card the certificate of incorporation, bank account information together with a document evidencing that the bank account is owned by and in the name of the seller and any other information as may be sought by Company within 2 weeks from the date of seller registration. Sellers shall not claim against the Company for damages, including outstanding payment of settlement amounts, resulting from delay of submission of such identification and bank account information. The Seller shall also be required to produce genuine documents as requested by qprime.shopclues.com from time to time.
- The amount payable by the Company to the seller for any transactions through our Platform (the "Settlement Amount") will be calculated by subtracting all service fees from the amount paid by the buyers. The Settlement Amount shall be deposited into the Qaccount of the seller in 2 weeks in principle after the date on which delivery is completed, together with Shipping Charge (after deducting Shipping Charge Fee), if any, paid by buyers. The Company may at its discretion curtail the term based on the seller's performance.
- Sellers may at any time request to withdraw from the Qaccount of the seller and the requested amount shall be remitted to the seller's bank account within 2 business days.
- qprime.shopclues.com may deduct from the Settlement Amount any expenses or loss to the Company due to sellers. To protect against the risk of liability, payments of the Settlement Amount may be subject to holds at our discretion.
- Qcash is the name of cyber money charged and used only on this Platform and You will pay by Qcash when You use other services or tools such as the purchase of promotion items or feature items provided by us. The Company shall issue receipts or tax invoices for Qcash amount spent by sellers on a monthly basis.
- You may post reviews, comments, photos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, 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." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
- If You do post content or submit material, and unless we indicate otherwise, You are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sub-licensees the right to use the name that You submit in connection with such content if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify the Company for all claims resulting from content You supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by You or any third party.
- Other Businesses
- Parties other than the Company operate stores, provide services, sell products, or list advertisement on this Platform, and this Platform may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
- If You have a dispute with one or more users, You release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Access and Interference
- Our Platform contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that You will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express written permission.
- Additionally, you agree that you will not:
- • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our IT Infrastructure;
- • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Platform without the prior expressed written permission of the Company and the appropriate third party, as applicable;
- • interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
- • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
- You agree to indemnify and hold harmless qprime.shopclues.com and (as applicable) qprime.shopclues.com’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by qprime.shopclues.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, qprime.shopclues.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party, any fraud/coercion that may be committed by You/Your employees, agents, representatives, individually or in connivance with each other or with any third party, any claim by third party including the end user, statutory/ regulatory authority(s) for any and/ or all damages, costs, expenses, penalties which may be claimed from qprime.shopclues.com.
- qprime.shopclues.com may notify You of any claims which You shall be liable to indemnify qprime.shopclues.com against. You will then be required to consult with qprime.shopclues.com regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of qprime.shopclues.com without the express prior written consent of qprime.shopclues.com which can be withheld or denied or conditioned by qprime.shopclues.com in its sole discretion.
- No Warranties
- You will not hold the qprime.shopclues.com responsible for other users' content, actions or inactions, or items they list, including things they post. You acknowledge that qprime.shopclues.com is not a traditional online shopping service provider or auctioneer. Instead, qprime.shopclues.com provides an electronic marketplace for buyers and sellers and arranges transactions between such buyers and sellers. Clues Network Private Limited is responsible for operating and managing its Platform and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety, or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
- We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon the physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Platform may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of our Platform and services.
- ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND OTHER CONTENT CONTAINED IN THIS PLATFORM, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS PLATFORM; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THIS PLATFORM. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS PLATFORM IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.
- Limitation of Liability
- THE USER SPECIFICALLY AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS PLATFORM. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS PLATFORM, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Agency
- No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists, or is created between the Company and any buyer or seller.
- Except as explicitly stated otherwise, any legal notices shall be served on Clues Network Private Limited at office situated at 1404-07, 14th Floor, Tower – B, Unitech Cyber Park, Sector – 39, Gurugram, Haryana – 122003, India or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
- Abusing our Platform
- We keep our Platform and services safe and properly functional. Please report problems, offensive content, and policy violations to us.
- Our Brand Protection Program (BPP) works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If You believe that Your intellectual property rights have been violated, please notify our BPP team and we will investigate.
- qprime.shopclues.com does not permit the sellers to sell duplicate, spurious, knock-offs or grey channel items. Sellers guarantees to sell only genuine products to customers through qprime.shopclues.com. All Sellers listing their products on qprime.shopclues.com are required to enter into an agreement to list and sell only genuine products. We also encourage the sellers to extend all the warranties, guarantees as entailed in the product by the Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the qprime.shopclues.com seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.
- If qprime.shopclues.com gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then qprime.shopclues.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the User ID of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
- qprime.shopclues.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, qprime.shopclues.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program. Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
- Dispute Resolution
- Generally, transactions are conducted smoothly on qprime.shopclues.com. However, there may be some cases where both the Buyers and Sellers may face issues. At qprime.shopclues.com we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
- A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
- It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
- How is a 'dispute' resolved? For redressal of dispute, the buyers may refer to the "Ask A Question Form” on the Website.
- Grievance and Nodal Officer:
- In accordance with the Information Technology Act, 2000 & Consumer Protection Act, 1986 and rules made thereunder, the name and contact details of the Grievance and/ Nodal Officer is published herewith:
GRIEVANCE AND NODAL OFFICER
- Mr. Rupinder Grewal
- GIC-Customer Support
- Clues Network Private Limited
- 1404-07, 14th Floor, Tower – B, Unitech Cyber Park, Sector – 39, Gurugram, Haryana – 122003, India
- CIN No. -U52590HR2011PTC055841
- E-mail ID -firstname.lastname@example.orgWebsite -qprime.shopclues.com
- Applicable Law and Jurisdiction
- By visiting this Platform, You agree that the laws of India, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between You and the Company.
- The courts of New Delhi will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
- If any dispute arises between You and qprime.shopclues.com during Your use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Clues Network Private Limited. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
- If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
- We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by You and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- Contact Details
- For Customer queries - email@example.com
For Seller Queries - firstname.lastname@example.org