Terms and Conditions

Welcome to qwqer.in (“ Website ”) or Our mobile application (“ App ”). When You use Our Services, You will be subject to the Terms of Service , guidelines, and policies set forth in these Terms of Service For the purposes of these Terms of Service, the term “ QWQER ,” “ QWY ,” or “ Us ” or “ We ” or “ Our ” or “ Company ” refers to QWY Technologies Private Limited. The term “ You ” or “ Your ” refers to the merchants availing Our Services through the Website and/or App for accessing Our platform (“ Platform ”). As long as You comply with these Terms of Service, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use Our Platforms and Services (defined below).

ACCEPTANCE AND REGISTRATION

1.1 Acceptance of Terms

These Terms of Service set forth the legally binding Terms of Service for Your use of Our Platforms and Services. By using the Platforms, You agree to be bound by these Terms of Service, whether You are a “ Visitor ” (who simply browses) or a “ Subscriber ” (who has registered with QWQER). If You do not accept these Terms of Service, You should leave the Website and/or App and discontinue the use of the Service immediately.

1.2 General Registration Requirements

To access and use Our Platforms, You must be of legal age to form a binding contract and not be barred from receiving Services under any law in force in India. You agree to provide true, accurate, current, and complete information about Yourself while registering and to promptly update Your registration data to keep it true, accurate, and complete. If You provide any information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate Your account and refuse any and all current or future use of Our Platforms.

By registering Your phone number with us, You consent to be contacted by us via phone calls, SMS notifications, or instant messages regarding Service updates.

1.3 Subscriber Account and Security

Upon registering with QWY, You may be required to complete a verification process. Once Your account is set up, You are responsible for maintaining the confidentiality of Your account information and are fully responsible for all activities that occur through Your account. If there is any unauthorized use of Your account or any other breach of security, please notify us to stop processing requests from Your account until further instructions.

SERVICES AND PAYMENTS

2.1 Our Role as a Technology Platform

QWY’s Services constitute a technology platform that connects You to a deliver executive to schedule and complete Your everyday requirements and errands (“ Services ”). QWY does not itself perform or manage Your tasks or errands and acts solely as a software intermediary facilitating the placement of orders through Our Platform. Notwithstanding the foregoing, We may supervise the completion of Your tasks to the extent required under the agreed terms.

2.2 Payments

When You use the Services, You will incur a charge (“ Service Fee ”). QWY will facilitate Your payment for the Services through integrated payment platforms. Payment of Service Fee is inclusive of taxes.

Subscribers may make online or prepayments into a digital wallet provided by QWQER, which will be used to deduct charges for Services as they are availed. By choosing to deposit funds into the wallet, Subscribers agree that these funds are non-refundable under any circumstances. Goods and Services Tax (GST) is applicable and collected at the time of each deposit into the wallet.

The availability of a post-payment facility is subject to the execution of a credit agreement. QWY reserves the sole discretion to grant, modify, or withdraw such a facility at any time, for any reason, and without prior notice.

DISCLAIMER

The Platform and the Services are provided on an “as is” and “as available” basis without any representations or warranties of any kind, whether express or implied. You acknowledge that QWQER acts as a technology platform connecting You with third-party partners. QWQER does not warrant the quality, merchantability, or fitness for any purpose of any products or services sold or transported. You must raise any grievance related to a product or service directly with the third-party merchant or service provider. QWQER makes no warranty or representation regarding the timeliness, accuracy, or completeness of any information or data provided on the Platform. QWQER assumes no liability for any monetary or other damage suffered by You due to the delay of delivery, failure, or corruption of any data.

PROHIBITED CONDUCT AND LIABILITIES

4.1 Prohibited Conduct

You are prohibited from using the Platform in any way that violates these Terms or Applicable Law. You must not, and must not permit any third party to, engage in the following activities:

Misuse of the Platform and Its Features

• Fraudulent or Misleading Information: You may not provide false, inaccurate, or misleading information about Yourself, Your business, Your Consignment, or the recipient. This includes misrepresenting Your identity or impersonating another person or entity.
• Unauthorized Access and Interference: Do not use any automated device, program, algorithm, or methodology, such as “robots” or “spiders,” to access, acquire, copy, or monitor any portion of the Platform. You must not attempt to gain unauthorized access to any part of the Platform or interfere with its proper working.
• Exploiting the Service: Do not use the Platform to engage in any criminal activity, promote illegal enterprises, or provide instructional information about illegal activities. You may not use the Service to send “junk mail,” “chain letters,” or any other form of unsolicited communication.

Handling of Consignments

• Prohibited Items:You must not request a Service for a Consignment that contains any prohibited or restricted items as defined in these Terms, including but not limited to firearms, explosives, hazardous chemicals, currency, or jewellery. Shipping the following items may lead to seizure, disposal, and penalties for the sender:
• Arms: Firearms, explosives, ammunition
• Chemicals & Poisons: Insecticides, acids, fertilizers, and garden poisons
• Fuels: Fuel for stoves, lanterns, or heating elements
• Jewellery: Precious stones, ornaments, or gems
• Currency: Cash, coins, or checks
• Toxins: Hazardous chemicals or biological toxins
• Other: Highly perishable food items, livestock, and original documents (e.g., passports, Aadhar Cards).
• Unlawful or Immoral Requests: You are prohibited from requesting a Delivery Executive to perform any task that is illegal, immoral, or against government rules. This includes asking a driver to violate traffic laws or other regulations for any reason.
• Misrepresentation of Consignment: You shall not knowingly make a mis-declaration of the goods being transported. You are solely responsible for ensuring the contents of the Consignment are lawful and as declared in the booking request.

Abuse and Harassment

• Offensive:You are prohibited from engaging in any conduct that is patently offensive, harassing, abusive, threatening, or promotes racism, bigotry, hatred, or physical harm against any individual or group.
• Privacy Violations: Do not post or transmit any private or personal information of another person, such as telephone numbers, street addresses, or email addresses, without their express consent. You must not include a photograph of another person without their permission.

4.2 Violations

Any violation of these prohibitions may result in the immediate suspension or termination of Your account, at QWQER’s sole discretion, with or without prior notice

5. INTELLECTUAL PROPERTY

The Services provided by QWY are based on a proprietary software developed exclusively by QWY. QWY is the sole owner of the App, Website, and all software created to provide You with the Services. The content, design, and functionality of Our Website, App, Platform and Services are owned by QWY and are protected by intellectual property laws.

You acknowledge that all content on Our Platform is for limited, non-commercial, personal use only. No material may be copied, reproduced, republished, or distributed in any way without QWY’s prior express written permission.

6. INDEMNITY AND LIMITATION OF LIABILITY

You agree to indemnify and hold harmless QWQER, its subsidiaries, affiliates, and their respective officers, directors, employees, and agents (the “ Indemnified Parties “) from and against any and all Losses, liabilities, actions, suits, claims, costs, damages, and expenses (including attorney’s fees) arising out of or in connection with the following:

• • Breach of Agreement: Your breach of any provision of these Terms of Service or any other policies incorporated herein by reference.
  • Your Negligence: Your negligence, fraud, or willful misconduct in the performance of Your obligations under this agreement.
  • Mis-declaration of Goods: Any claims, fines, or damages resulting from the mis-declaration of a Consignment, including its contents, nature, quantity, or value.
  • Violation of Law: Your violation of any applicable law, rule, or regulation, or the infringement of any third-party rights, including intellectual property rights.
  • Third-Party Claims: Any claim or demand from a consignee or other third party arising from Your actions or omissions related to the Consignment.
  • Costs: Any costs incurred by the Indemnified Parties in defending or settling such claims, actions, or suits.
  • This indemnification obligation will survive the termination of Your use of the Services and these Terms of Service.
  • Limitation of Liability:
    In no event shall QWQER, its affiliates, directors, employees, or agents be liable to You or any third party for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, income, goodwill, data, or business interruption, arising out of or in connection with the Services or Your access and use of the Platform. QWQER’s liability for any direct loss or damage to a Consignment is strictly limited.You acknowledge that You are solely responsible for obtaining and maintaining separate insurance coverage at Your own cost. Any time of arrival or delivery is an estimate only. QWQER shall not be liable for any loss arising from delays in pickup, transportation, or delivery of any Consignment, regardless of the cause of such delays. In all circumstances, QWQER’s total cumulative liability for all claims arising from or related to the Services shall not exceed the total Service Fees actually paid and retained by QWQER from You for the specific transaction in question.

MISCELLANEOUS

7.1 Termination

You agree that QWY may at any time and for any reason terminate Your access to Our Platforms or suspend Your access to all or any part of the Website or the App, with or without prior notice, and without liability. If You wish to cancel a task after we have commenced work, You may incur a Service fee.

7.2 Governing Law

These Terms are governed by the laws of India. Any matters arising under these Terms of Service shall be subject to the exclusive jurisdiction of courts located in Kerala, India.

7.3 Grievance Officer

In case of any grievance arising from the use of the Website or the App, please write to our Grievance Officer, Ms. Maria Augustine, at grievance@qwqer.in or call +91 73563 24757.