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- AKI VENTURES is a company registered in Chennai, that owns and operates the online market place – "QUICK QUOTES" on the Website located at www.QuickQuotes.co.in (the "Website") to facilitate transactions between curated sellers (the "Sellers") of construction and building materials (the "Products"), and the buyers (the "Buyers") of such Products, and provides other services including but not limited to hosting, development and/or maintenance services, value-added services (the "Services").
- We reserve the right to change the Terms at any time without notice posting changes on our Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website.
- In order to access or use the Services, you must be 18 years of age or over.
- ROLE OF AKI VENTURES 6.1
- MEMBER REGISTRATION 7.1
- FEE AND PAYMENTS 8.1
- PURCHASE AND DELIVERY OF THE PRODUCT 9.1
- Delivery Model - the Seller shall be responsible for packaging and shipping the Product to the Buyer via any courier/transport service including self-owned transport services
- NON-DELIVERY OR RETURN OF PRODUCTS 10.1
- PAYMENT TERMS 11.1
- OBLIGATIONS OF THE SELLER 12.1
- Abide by the terms and conditions herein;
- Not offer for sale / sell / deliver any Banned Products on the Website;
- Deliver the Products to the Buyers in a timely manner consistent with the Terms; and deliver the Products in accordance with all applicable laws, rules, regulations, governmental orders, etc., and applicable codes of practice, now or hereafter in effect, relating to the Seller's performance under these Terms.
- OBLIGATIONS OF THE BUYER 13.1
- RETURNS, CANCELLATIONS & AMENDMENTS 14.1
- if the size or the dimensions of the ordered Product is not as specified in the Order and is the beyond tolerance limit (as per the prevailing industry standard);
- if incorrect Products are delivered;
- if a packed Product is found to have been tampered with upon delivery;
- if it is found that the delivered Products are defective or malfunctioning; or
- if quality of the received Product does not match with the specifications stated in an Order Please note that issues pertaining to Product quality shall be reconfirmed through third party testing.
- a Product is used and/or is found to have been tampered with by a Buyer;
- a Product is not properly installed or used as per manufacturers guidelines/industry standard which resulted in damage or malfunctioning; or
- a return is not notified within time as specified above. We cannot exchange a Product for another Product or brand. Partial returns / leftovers of delivered Product are not accepted.
- ordered Products are NOT in transit / orders have NOT yet been processed by the Sellers;
- ordered Products are NOT customized to suit a Buyer; or
- ordered Products are NOT imported from other countries/state by the Sellers based on the Buyer's order. A shipment, once arrived at a Buyer's delivery address, cannot be cancelled for any reason other than mentioned in the return policy above. Once a Buyer cancels the order (subject to and satisfying the above mentioned conditions) online on the Website/through customer care, the entire amount paid will be refunded to the Buyer with no cancellation charges being applicable. Please note that the Seller shall pay any applicable fees as per the Commercial Terms Document to AKI VENTURES and such fees will be deducted subsequently.
- ADVERTISEMENT The Seller agrees and allows AKI VENTURES to prominently display the Quick Quotes logo on the Seller's transport vehicles, if any, at no extra cost.
- USER CONDUCT 16.1
- All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
- Your use of the Website shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website.
- You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "doxing," and "grieving" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
- You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts: (i) any part of the Website or the Website software; or (ii) any equipment or any network on which the Website is stored or any equipment of any Third Party.
- ACCESS TO THE WEBSITE, ACCURACY AND SECURITY 17.1
- DISCLAIMERS 18.1
- INTELLECTUAL PROPERTY RIGHTS 19.1
- THIRD PARTY CONTENT 20.1
- ASSIGNMENT The rights and obligations under this Agreement shall not be assigned or transferred by the Seller to any third party whomsoever without the prior written consent of AKI VENTURES. AKI VENTURES shall be entitled to transfer or assign any or all of its rights and obligations under this Agreement to any third party without a prior written notification to the Seller.
The role of AKI VENTURES under these Terms is merely that of an intermediary and the Website is only a platform where Sellers may offer their Products for sale and accordingly, when a Buyer elects to purchase a Product through the Website, AKI VENTURES shall receive the order for the Product only in the capacity of an online marketplace. Accordingly, the role of AKI VENTURES is limited to (i) facilitating the availability of the Website and Services and (ii) serving as the limited agent of each Seller for the purpose of accepting payments from Buyers on behalf of the Seller.6.2
It is clarified that the role of AKI VENTURES is limited to facilitating the purchase of Products by the Buyers from the relevant Sellers and all commercial/contractual/Return/Cancellation terms are between Buyers and Sellers alone. AKI VENTURES neither exercises any control nor determines, advises, solicits or in any way involves itself in such commercial/contractual terms between the Buyers and Sellers. AKI VENTURES does not assume responsibility for the Products and services provided by the Sellers.6.3
The Website is merely a platform that allows Members who are registered to reach a larger base to buy and / or sell Products and any contract for sale that may arise in respect of any of the Products or services offered on the Website shall be a contract only between the Seller and the Buyer only. Accordingly, all commercial terms such as dispatch, delivery of the Products, warranties, etc., are bipartite contracts between the Buyer and the Seller and the payment facility is merely used by the Buyer and the Seller to facilitate completion of the transaction.6.4
Use of the electronic payment facility shall not render AKI VENTURES liable or responsible for the non-delivery of the Products bought through a vendor listed on the Website or for any other reason whatsoever.6.5
The Seller also agrees that the payment facility provided by AKI VENTURES is neither a banking service nor a financial service but in providing such facility, AKI VENTURES is merely a "facilitator" and it is facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment, for the transactions on the Website. Further, by providing a payment facility, AKI VENTURES is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.6.6
AKI VENTURES shall not be liable for the sale of the Products by the Seller through the Website or any loss incurred by the Seller or the Buyer there from.6.7
At no time shall AKI VENTURES have any obligations or liabilities in respect of such contract nor shall AKI VENTURES hold any rights, title or interest in the Products. AKI VENTURES shall not be responsible for any unsatisfactory or delayed performance of the Seller including delays as a result of the Products being out of stock.
In order to avail the entirety of the Services offered by the Website, the User will have to create an account (the "Account") register as a Member with the Website, by providing a unique login id and password.7.2
If the Member wishes to register as a Seller, such Member must login to the seller portal ("Seller Portal"), fill in the details of the Seller Empanelment Form and create a seller account (the "Seller Account") to offer Products for sale, obtain notifications regarding new leads, update the order status, communicate with Buyers, etc. If as a Member you wish to register as a Seller, you will be required to provide additional information such as name / corporate name, designation, business address, etc. The registration of the Seller Account shall be completed after AKI VENTURES has verified the details provided by the Seller.7.3
If the Member wishes to register as a Buyer, such Member must login to the buyer portal ("Buyer Portal") and create a buyer account (the "Buyer Account") to purchase Products, obtain notifications regarding orders, communicate with Sellers, etc. If as a Member you wish to register as a Buyer, you will be required to provide additional information such as name / corporate name, designation, business address, etc. The registration of the Buyer Account shall be completed after AKI VENTURES has verified the details provided by the buyer.7.4
As a part of the registration process, the Member confirms that the Member has completed the Member Registration Form and provided other relevant details as required by AKI VENTURES. The Member represents that the Member, in its individual capacity and / or as an authorized representative of the entity registering as a Member on the Website, is competent to contract, is at least 18 (eighteen) years of age (in the case of an individual), is of sound mind and is not disqualified from entering into a lawful contract under any law in India.7.5
The Member represents that the Member has provided to AKI VENTURES relevant information such as name, contact details, email address, bank account details, credit / debit card details, CVV Number or other payment instrument details, including but not limited to the Member's bank's address, phone number, branch name, IFSC and MICR codes, Permanent Account Number, Tax Deduction and Collection Account Number, Tax Payer Identification Number (VAT/CST/Sales Tax Number), etc., and any other compliance related information ("Information") and that such Information is true and correct as on date of providing such Information. In the event of any changes to these or other details or Information submitted by the Member, the Member shall notify AKI VENTURES of the same in writing, no later than 12 (Twelve) hours after such change has occurred.7.6
You as a Member shall be responsible for maintaining the confidentiality of your Account and the information provided therein, and shall be fully responsible for all activities that occur under your Account or the information provided to AKI VENTURES. You agree to (a) immediately notify AKI VENTURES of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. AKI VENTURES cannot and will not be liable for any loss or damage arising you're your failure to comply with this Section. You may be held liable for losses incurred by AKI VENTURES or any other user of, or visitor to, the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account and the account information secure, absolute, correct and confidential.7.7
The Member shall not transfer / sell / trade their Account to any other person or entity.7.8
AKI VENTURES reserves the right to determine which Members may create Seller Accounts and sell on the Website. AKI VENTURES also reserves the right to suspend or terminate access to any Member to the Website and their respective Account without assigning any reasons for doing so.
Upon the completion of Registration, the Seller shall receive a document outlining the commercial terms for the use of the Services herein (the "Commercial Terms Document").8.2
The Parties agree and acknowledge that AKI VENTURES shall have the right and option to recover/adjust any outstanding amount due to, or from, the Seller in one transaction, against any payments due to, or from, the Seller in other transactions under the Terms from any Seller Proceeds payable to the Seller and the Seller undertakes not to object to such recovery/adjustment.8.3
In the event any Buyer defaults on payment or in the event of a Buyer's cheque being dishonoured, AKI VENTURES & the Supplier shall jointly and severally have the right to initiate appropriate legal action to recover the full value of the supplier invoice, interest, legal and other applicable charges.
You as a Member agree that you shall abide by the Terms, including any amendments thereto made by AKI VENTURES from time to time which may be made with or without prior notice.9.2
The Seller represents that if the sold Product does not match the Product description (the "Disputed Product") required by the buyer as mentioned in the Website, the Seller agrees to arrange the pick-up of the Disputed Product and deliver the right product within a period of 4 days from the receipt of complaint from the Buyer as per the Returns and Cancellation policy in Section 14 as a part of these Terms or refund any amounts that the Seller may have received from the Buyer in the event that the Seller is incapable of delivering the same. In such an event the Seller shall not claim any fees paid earlier to AKI VENTURES as recompense.9.3
The Seller shall not attempt to sell any wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned products and /or all products banned by the Government of India with regard to the construction industry ("Banned Products"). AKI VENTURES disclaims all liability with regard to the sale of Banned Products by any Seller and shall terminate the Seller's access to the Seller Account and the Website forthwith without any notice to such Seller.9.4
AKI VENTURES shall provide the necessary backend infrastructure, like customer support centre, order management system, etc., for capturing the Buyer/Order details. Orders placed by the Buyer will be forwarded to the Seller through the Seller Account.9.5
The Seller shall ensure that the purchased Product is dispatched to the Buyer, within such time period as indicated by the Seller to the Buyer (which AKI VENTURES may prescribe from time to time), along with all the required information, manuals, accessories (where applicable) warranty documents (where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. The Seller shall also issue a corresponding invoice (the "Seller Invoice") in the name of the Buyer, which Seller Invoice shall be sent to the Buyer along with the Product. The Seller shall be responsible to update the authorised representative of AKI VENTURES and Seller Account to reflect any developments in the dispatch and delivery of the Product.9.6
The default delivery model ("Delivery Model") for the delivery of purchased Products to the Buyers is as detailed herein below. AKI VENTURES may, at its discretion, introduce other delivery models, at any time it deems fit. On introduction of such other delivery models, AKI VENTURES may, at its discretion, offer such other delivery options to all or select Sellers. The default delivery model for the delivery of purchased Product is:
The Seller shall promptly inform AKI VENTURES and the Buyer of any changes / modifications / information that may impact the delivery of a Product to the Buyer.9.8
The Seller confirms and understands that selling and / or delivering Banned Products through the Website will cause great prejudice and harm to the reputation and goodwill of AKI VENTURES and may also cause harm and prejudice to the Buyers. The Seller acknowledges and warrants that the Seller shall not sell any Product which may cause prejudice or harm to the reputation and goodwill of AKI VENTURES. Further, if AKI VENTURES receives any complaint from any Buyer and / or if the Seller sells and / or delivers Banned Products through the Website then the Seller shall be liable to pay THREE TIMES the selling price (the "Selling Price") of such Product sold, as damages to AKI VENTURES. AKI VENTURES reserves the right to adjust the above amount from any amount accrued to the Seller pursuant to these Terms and through any payment option.9.9
The ownership in the Products purchased will be vested in the Buyer only after successful delivery of the same at the destination provided by the Buyer; prior to such successful delivery the ownership in the Products shall vest with the Seller alone.9.10
The Seller agrees to abide by the Returns and Cancellation Policy in Section 14 of these Terms.
Where the Product has not been delivered for any reason whatsoever, AKI VENTURES shall refund to the Buyer, the Selling Price paid by the Buyer in connection with the purchase of the Product IF the advance amount has not yet been transferred to the Seller by AKI VENTURES. The Buyer shall cause the Product to be returned to the Seller in a manner as provided in Section 14 of these Terms. In such an event the Seller shall be liable to pay AKI VENTURES and AKI VENTURES shall be entitled to recover from the Seller the applicable fees as described in the Commercial Terms Document and any other additional charges. In the event the advance amount has already been transferred by AKI VENTURES to the Seller, the Seller bears the liability for refunding the Buyer and AKI VENTURES shall have no responsibility or liability thereof.10.2
In the event of any default by the Seller to deliver the Order to the Buyer on time or at all, the Seller shall update the Seller Account and send an email to AKI VENTURES at [firstname.lastname@example.org] and also to the Buyer, informing AKI VENTURES and the Buyer of such non-delivery and the reasons thereof, immediately on the occurrence of such event. The Seller hereby agrees to accept all Orders (whether paid for by cash / online payment / cheque), which are refused / not accepted by the Buyer at the time of delivery.
The Seller shall treat AKI VENTURES as the Seller's most preferred marketplace to sell the Products and in doing so, the Seller shall quote the best and competitive Selling Price (inclusive of all applicable taxes and charges) for each Product.11.2
AKI VENTURES shall have the right to modify / amend / revise the terms as provided in the Commercial Terms Document, with 24 (twenty-four) hours prior notice of implementation of the same to the Seller. Such notice shall be provided by way of an email and / or a notification on the Seller Account detailing such modifications / amendments / revisions to the Commercial Terms Document. It shall be the Seller's responsibility to review the emails / notifications sent by AKI VENTURES from time to time. The Seller's continued use of their Seller Account (including sending bids for RFQs received) after such modifications / amendments / revisions of the Commercial Terms Document as specified above shall be deemed as acceptance of such modifications/amendments/revisions.11.3
The Selling Price in respect of a Product purchased by a Buyer shall be received in full or a percentage as an advance by AKI VENTURES as chosen by the buyer either through the online system, i.e., the payment gateway offered by AKI VENTURES on the Website, or by way of cash / cheque.11.4
The Seller will be responsible for payment of all applicable taxes including sales tax and VAT.11.5
The Seller agrees and acknowledges that the Seller will pay AKI VENTURES as provided in the Commercial Terms Document, for all the orders received through AKI VENTURES.
The Seller shall maintain records of all the Products purchased by the Buyers through the Website, all returns, refunds, etc., as may be required for audit and regulatory purposes and for the Website's customer service purposes. As long as the Seller maintains a Seller Account on the Website, whether active or inactive, the Seller shall appoint a representative, who shall be AKI VENTURES's point of contact for any and all matters related to the Seller's use of the Website, including all sales and delivery related matters.12.2
The Seller shall be solely responsible and liable for any complaints and queries of Buyers with respect to the Products, delayed delivery or non-delivery of the Products purchased or any complaints with respect to the quality, quantity, details and designing of the Products delivered.12.3
AKI VENTURES shall not be held responsible for any claims made by Buyers for any inaccuracies with regard to Product availability and / or details displayed on the Seller Account due to any negligence / default of the Seller.12.4
The Seller hereby agrees and undertakes that the Seller shall comply with all applicable laws including but not limited to national, state, regional and local laws and regulations, laws relating to sales tax, registrations, VAT, etc. The Seller shall be responsible for payment of the Seller's own taxes and any taxes / levies / cess / duties applicable on the Products sold through the Website, and shall indemnify and hold harmless, AKI VENTURES, from any liability in this regard. The Seller shall obtain and maintain all necessary government clearances, permits, licenses, stamps, certificates, approvals or similar requirements from the local authorities and to keep such licenses and permissions valid and in force for selling the Products on the Website or otherwise during the time the Seller maintains a Seller Account on the Website. The Seller shall, as soon as it becomes aware of the same, notify AKI VENTURES of any changes in the laws and regulations relating to the nature, method or manufacture, packaging and labelling of the Products. Failure on the part of the Seller to take necessary clearances and registrations, or abide by statutory provisions as required under Applicable Law shall be treated as a material breach of its obligations and AKI VENTURES shall have the right to terminate this Seller Agreement.12.5
The Seller hereby declares and confirms that it deals only in original, legitimate and genuine Products which are either self-manufactured and/or procured from legitimate channels and in compliance with all the legal requirements. If the delivered Product does not match the Product description displayed on the Website, the Seller agrees to either provide a replacement of the correct Product or refund any amounts that it may have received from the Buyer.12.6
The Seller undertakes that at all times it shall:
The Seller shall be solely responsible for making representations/warranties with regard to the Products and shall offer a standard manufacturer's or seller's warranty actually associated with the Products and shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties. However, the Parties agree that repair, replacement or 100% (one hundred percent) refund of Selling Price will be given to the Buyer against manufacturing defect or damage. The Seller shall issue a suitable, duly stamped, manufacturer's warranty card to the Buyer with the Product at the time of dispatch of the Product, if applicable. The Parties also agree and acknowledge that the primary and sole responsibility for redressal of the Buyer's complaints will rest solely with the Seller at all times.
The Buyer shall at all times abide by these Terms in their use of the Website.13.2
The Buyer shall update AKI VENTURES in writing of any material changes, such as change in name, address, billing information, etc., within 24 (twenty four) hours of such change. The Buyer shall also update the Buyer Account accordingly.13.3
The Buyer represents and warrants that the Buyer has the capacity to enter into an agreement to purchase Products from the Sellers on this Website.13.4
The Buyer represents and warrants that the Buyer is financially solvent and is authorized to make transactions through this Website.13.5
The Buyer shall be solely responsible to make any full and final settlements in respect of the Selling Price listed in any Order for Products purchased by the Buyer from a Seller through this Website.13.6
The Buyer shall not be allowed to cancel any Orders once the Buyer has accepted a Bid, subject to Section 14 of these Terms. In the event that the Buyer cancels an Order after accepting a Bid without proper reasons as mentioned below in section 14, the Buyer shall be liable to pay the selling price (the "Selling Price") of such Order, as damages to AKI VENTURES.
This Returns and Cancellation Policy ("RC Policy") sets out the terms under which AKI VENTURES accepts and executes returns and cancellations of orders on behalf of the Members, and shall apply to all Members. The Seller in association with AKI VENTURES shall endeavour to facilitate timely delivery of Products as per a Buyer's Order details, indicated dispatch times and terms and conditions of the supply of the Products stated by a Seller. If a Buyer is not satisfied with a purchase, we are here to help.14.2
Returns: Returns of Products are accepted from Buyers under the following conditions:
Subject to the foregoing, a Buyer may request for a replacement of an ordered Product ("Replacement"). In the event the Seller is unable to provide a Replacement, the Seller can agree to refund the entire sale amount to the Buyer and the Buyer shall be obligated to accept the refund in place of a Replacement.14.4
A replacement request should be raised by a Buyer within 24 (twenty-four) hours of delivery by the Seller, and a Replacement shall be done within 4 (four) to 7 (seven) business days' time from raising of the replacement request by the Buyer through AKI VENTURES by the Seller and solely depends upon the availability of the Products. However, in the case of receipt of a tampered Product, a replacement request should be raised in writing on the spot at the time of delivery.14.5
AKI VENTURES will schedule the process of pickup on acceptance of a Buyer's "request for return" from the Seller.14.6
A Buyer may send us an email at [email@example.com] with the Buyer's 'Order ID', time of delivery of the Products, 'date of material receipt' and 'reasons for replacement' within the timelines mentioned above. We will get respond to your email and initiate the returns procedure.14.7
All shipping, replacement and third party quality testing charges shall be borne and incurred by the Seller, if any or above conditions are satisfied otherwise by a Buyer.14.8
Returns are NOT allowed if:
Shipping: The supplier will bear the shipping charges for pick-up in case the material is eligible for returns as per the returns policy.14.10
Cancellations: When cancellations are accepted:
Partial Cancellations / Modifications: In case a Buyer wants to partially cancel some Products from the order placed, the same needs to be notified to the customer care of AKI VENTURES immediately and a new Order has to be generated for the modified quantities. Please note that all such modifications / partial cancellations must be initiated before the Order is processed.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.16.3
As a company registered in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside India. If you choose to access or use the Website from or in locations outside India, you do so at your own risk and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.16.4
You understand and agree that the use of the Website does not include the provision of the Devices or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires an Internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.16.6
By using the Website you represent and warrant that:
We endeavour to make the Website available to you 24 hours a day. However, we do not represent that access to the Website will be uninterrupted, timely, error-free, and free of viruses or other harmful components or that such defects will be corrected.17.2
We do not warrant that the Website will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.17.3
We do not represent or warrant that the information available on the Website will be correct, accurate or otherwise reliable.17.4
We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice.
THIS WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.18.2
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THIS WEBSITE OR DELAY OR ERRORS IN FUNCTIONALITY OF THE WEBSITE. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.18.3
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.18.4
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE WEBSITE. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S SERVICES.18.5
WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WITH REGARD TO THE QUALITY OF THE PRODUCTS SOLD THROUGH THIS WEBSITE AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE QUALITY OR SUITABILITY OF SUCH PRODUCTS.18.6
WHILE THE MATERIALS AND ADVICE PROVIDED ON THIS WEBSITE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS AND ADVICE IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICES OR PRODUCTS OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.18.7
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.18.8
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THIS WEBSITE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.18.9
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.18.10
YOU UNDERSTAND AND AGREE THAT AKI VENTURES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SELLERS AND BUYERS, NOR IS AKI VENTURES AN AGENT OR INSURER. AKI VENTURES HAS NO CONTROL OVER THE CONDUCT OF SELLERS, BUYERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY PRODUCTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.18.11
AKI VENTURES DISCLAIMS ALL LIABILITY FOR ANY ADVERSE EFFECTS CAUSED BY ANY PRODUCTS PURCHASED THROUGH THE WEBSITE. AKI VENTURES NEITHER REPRESENTS NOR WARRANTS THAT USE OF PRODUCTS SOLD THROUGH THE WEBSITE WILL HAVE THE DESIRED RESULTS.18.12
AKI VENTURES DISCLAIMS ALL LIABILITY ARISING OUT OF THE PURCHASE AND USE OF ANY PRODUCTS. AKI VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF PRODUCTS FOR THE PURPOSES INTENDED BY THE BUYER.18.13
IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR 1,000/-.
Both Parties agree that the brands, logos, trademarks, etc., belonging to each Party are the exclusive property of the respective Party and cannot in any circumstances be used, or copied, or altered in any manner which is identical / similar by the other Party without being specifically authorized in writing by that other Party. The ownership of any and all data derived as a result of these Terms, with the exception of the Seller's and the Buyer's confidential information, shall vest solely with AKI VENTURES and the Seller shall have the limited right to utilize such data subject to these Terms.19.2
The Seller hereby grants to AKI VENTURES the right to use product rate data / display / delist the Products (as updated by the Seller on the Seller Account at any/all times) along with the related logo and / or trademark and / or brand name, etc., of the Products for marketing / selling through the Website. The Seller represents that the Seller shall not, at any time, use any intellectual property of AKI VENTURES in any manner without the prior written consent of AKI VENTURES. The Seller also represents that the Seller shall not purchase any AKI VENTURES / QuickQuotes metatags on the Internet without the prior written consent of AKI VENTURES.19.3
The Seller hereby grants a non-exclusive license to AKI VENTURES, at no cost, for the purpose of using and including the Seller's trademarks / logos (as may be provided by the Seller from time to time) and the Seller's corporate name on the Website and in any directory or promotional material produced in connection with the promotion of the Website or the Products offered by the Seller on the Website.19.4
However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any Products/third party trademark or copyrighted matter on the Website (including availability or sale of counterfeit goods on the Website), AKI VENTURES may, at its sole discretion, remove / delist the allegedly infringing Products / content from the Website, with or without prior notice to the Seller.19.5
AKI VENTURES does not own the rights to any material or content uploaded by any Member. We disclaim all liability in relation to any claims of intellectual property infringement that may arise as a result of any material or content uploaded by any Member.