TERMS AND CONDITIONS
1. Acceptance of Terms
2. General Registration Requirements
You also agree to:
(a) Provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and
(b) Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
3. Subscriber Account and Security
4. Services and Payment
5. User Information
Our Services depends on the information You provide to us. You are solely responsible for and in control of the Information You provide to us.
If You use the Website or the App, You agree that information about Your use of the QWY Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your QWY data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, you must promptly update Your QWY account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, you should check with Your provider to find out if our Platforms are available for Your specific mobile devices.
QWY reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by QWY.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. QWY reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.
We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless: (1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.
6. Prohibited Conduct
You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Exploits people in a sexual or violent manner
- Contains nudity, violence, pornography, sexually explicit material or offensive subject matter
- Provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
- Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”
- Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- Solicits passwords or personal identifying information from other Subscribers
- Involves commercial activities and/or sales without QWY’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
- Includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
- Denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.
7. Termination / Suspension of Account or Services
You acknowledge, consent and agree that QWY may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Comply with legal process nationally or internationally
- Enforce these Terms
- Respond to your requests for service or complete your tasks
- Protect the rights, property or personal safety of QWY, its subscribers and the public, or
9. Security Components
10. Proprietary Rights
9. Security Components
11. QWY and Links to Third Parties
We may introduce you to independent third parties to complete your tasks. Where we refer independent third-party service providers, you shall pay the fees directly to the service provider. QWY’s disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
12. General Terms and Conditions
You agree and accept that the use of the Services provided by QWY is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.
You agree and acknowledge that the use of the Services offered by QWY is at Your sole risk and that QWY disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, QWY makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances QWY’s liability is limited to the service fee paid by You for the transaction in question.
QWY will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
QWY shall be entitled at any time without giving any reason to terminate the request for services from You.
If You have any complaint in respect of the Services, you must inform QWY of the same in writing within 24 hours of using the Services of QWY.
QWY shall not be liable for any conduct or behavior or actions of third-party service providers. However, QWY encourages you to notify it of any complaints that you may have against the service provider that you may have hired using QR’s services.
Partners will only run Your errands as per your instructions. In the interest of user privacy, partners do not check any bags or packages for any contents. You are solely responsible for the contents of the packages.
Scheduling and rescheduling a task depends on the availability of QWY partners at the time of scheduling and at the time of running the task. Should you choose to reschedule a task at a later point in time it will be considered as a new task.
If a partner/ service provider /merchant cannot fulfil any of your tasks, you will be notified as soon as is reasonably possible.
Under no circumstances can we run any tasks which are immoral or unlawful in nature. QWY reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. QWY may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
To help the service provider to serve you better, please provide as much information as possible regarding the task.
The Company is hereby authorized to use the location-based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location-based information will be used only to facilitate and improve service offerings to You.
In the event your task requires the purchase or sale of any product or service, such product or service is provided to you from a third-party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the Services, QWY by itself does not sell or provide any such product or service. QWY is not responsible for the quality, merchantability or fitness of such product or service.
13. Compliance with Applicable Law
You agree that You shall not use any QWY Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, QWY Content:
(a) In violation of any applicable law or regulation,
(b) In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
(c) That belongs to another person and to which the user does not have any right to,
(d) That is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
(e) Harm minors in any way,
(f) Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
(g) Impersonate another person or entity,
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of QWY’s computer systems or site or QWY’s users, customer’s computer systems or site,
(i) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
14. Intellectual Property Rights
The Services provided by QWY is premised on a proprietary software developed and made available exclusively by QWY. QWY is the sole owner of the App, Website and all software created to provide You with the Services. QWY provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of QWY. You may not copy, reproduce or use such Content without due attribution of ownership to QWY. All icons and logos are trademarks of and proprietary to QWY. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content is the exclusive copyright of QWY or its licensors, except the Third-Party Content and link to third party website. Systematic retrieval of QWY content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from QWY is prohibited. In addition, use of the Content for any purpose not expressly permitted by QWY in these Terms is prohibited and may invite legal action.
15. Acceptance of Terms
These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.
QWY reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if QWY believes that You have breached any of these Terms, furnished QWY with false or misleading information, or interfered with use of the Platform by others.
16. Disclaimer of Warranties and liability
All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on “AS IS” and “AS AVAILABLE” basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, QWY does not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.
QWY will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. QWY does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL QWY OR ITS EMPLOYEES OR ITS AGENTS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY QWY FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
17. Cancellations and Refunds
We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, you may incur a service fee if we have already commenced work.
If a third-party vendor has been engaged or We have incurred a cost with a third-party vendor, you cannot cancel the task. You will in such circumstances be subject to the cancellation and refund policies of such third-party vendor.
Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:
(a) In the event of the designated address following outside the delivery zone offered by us;
(b) If in our discretion the task involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
(c) Inability to proceed/complete the task due to lack of information, direction or authorization from You;
(d) Inability to complete the task due to reasons beyond Our control.
Refunds may be provided, in any one of the following circumstances:
(a) We take responsibility for orders lost or damaged due to improper handling during delivery. If such damages are reported and identified as delivery related damage or loss, we will compensate you with the equivalent value of the package or Rs.1000 (Rupees one thousand only), whichever is lower.
(b) In case of prepaid orders, the delivery charge would be refunded in case we cancel your order, due to the area of delivery being outside the jurisdiction of the services offered by us.
18. Exclusions and Limitations
You agree to defend, indemnify and hold harmless QWY, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
(a) Your use of and access to our Platforms in a manner except as permitted herein;
(b) Your violation of any of these Terms or any applicable law;(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or This indemnification obligation will survive the termination of Your account or use of services and the App.
20. Additional Terms
21. Modification and Discontinuation
23. Integration Clause
24. Waiver and Severability of Terms
25. QWQER Cash
Usage/redemption of QWQER Cash will be subject to the following terms and conditions:
- QWQER Cash can be used only for making a purchase on the QWQER app. These cannot be taken as cash-back or transferred to a bank account.
- QWQER Cash cannot be redeemed on restricted items.
- QWQER Cash cannot be combined or exchanged with any other promotion offer on the App, except when an outlet / merchant offers a discount communicated to the user on the platform.
- QWQER Cash cannot be redeemed on send packages.
- QWQER Cash cannot be transferred from one QWQER account to another.
- QWQER Cash needs to be redeemed within 7 days from the day they become active, post which QWQER Cash will expire.
- QWQER reserves the right to change/modify these usage criteria. In that event, the user shall be notified.
Any fraud or abuse concerning the usage of QWQER Cash is subject to strict administrative and / or legal action by us, including but not limited to reversal of QWQER Cash reward and/or termination of membership. A fraud encompasses:
- If a user is found signing up using multiple IDs or phone numbers.
- If a user is found making multiple accounts, redeeming QWQER Cash and then a majority of these orders are returned or cancelled or the payment for which is not completed.
- Any other attempt to take unfair advantage, as deemed by us, of the QWQER Cash Program.
We may terminate your eligibility for QWQER Cash or terminate your account, or the accounts of QWQER members you have referred, if you or they take any of the following actions:
- Open multiple accounts, including with different email addresses, for the same person in order to generate additional QWQER Cash rewards.
- Use false names, impersonate other people, or otherwise provide false or misleading information to us.
- Violate these terms or any other terms and conditions on QWQER.
- Participate in the QWQER Cash Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change the terms of this program, including but not limited to:
- Modifying the amount of the QWQER Cash rewards.
- Modifying the eligibility criteria for the user.
- Modifying when the QWQER Cash reward is given to the user.
- Modifying how you may use the QWQER Cash rewards earned through this program.
- Requiring minimum purchase amounts for redemption of QWQER Cash reward.
- Instituting a cap on the maximum amount of QWQER Cash which the user earns or spends.
- Discontinuing the QWQER Cash Program entirely.
26. Credit Terms
- QWQER Shall raise weekly/monthly invoices for credit merchants and deliver the same to the registered e-mail id of the merchant.
- The credit merchant is liable to make payment to QWQER within 7 days of receipt of invoice.
- The credit merchant acknowledges that in case of failure of payment to QWQER within 15 days of receipt of invoice, interest @18% per annum is payable to QWQER, for the outstanding amount for the period exceeding 15 days.
- The credit merchant also acknowledges that in the case of failure to make payments to QWQER for a continuous period of 30 days, QWQER will have the right to initiate legal action against the merchant for the outstanding balance notwithstanding anything contained in the terms and conditions above. Any cost of such legal action will be recovered from the merchant.
27. Governing Law and Venue
28. Grievance Officer
In case of any grievance arising from the use of the Website or the App, please write to the Grievance Officer at email@example.com.