This is an Electronic Contract document recognised under the provisions of the Information Technology Act of 2000 which reads along with its Rules, Regulations and outlines the terms on which a user may access and use through its associated web application “www.wecomart.com”.
For the purpose of these Terms and Policy, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a Buyer on the www.wecomart.com by undertaking all the registration actions specified and shall include any person who uses the www.wecomart.com without registering themselves. Accordingly, the term “We”, “Us” and “Our” shall mean PQube Business Solutions Private Limited.
PQube Business Solutions Private Limited is the Proprietor / Owner of www.wecomart.com under the provisions of the Information Technology Act, 2000 and accordingly, PQube Business Solutions Private Limited holds marketing rights of all the products or services sold on the www.wecomart.com
The use of the www.wecomart.com is restricted to only those people who are competent to contract under the Indian Contract Act, 1872. Thus, inter alias minors (under the age of eighteen ) are not permitted to register an account and use the www.wecomart.com to transact with Sellers, unless such use and all transactions are made by Parents or Guardians of the said minor. PQube Business Solutions Private Limited reserves the right to remove all minor users from the www.wecomart.com and delete such accounts upon receiving notice of such usage. Subject to the terms and conditions of this Agreement, PQube Business Solutions Private Limited hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party.
By using the www.wecomart.com or by sending communication to PQube Business Solutions Private Limited, you consent to receiving responses and other periodic communication from PQube Business Solutions Private Limited through e-mails or other forms of electronic communication including voice calls.
www.wecomart.com, an online shopping website, that sells products & services to potential customers (“Buyers”), wherein PQube Business Solutions Private Limited is the parent company and does control all and any transactions that occurs therein. All contracts between parties are strictly bi-party, between the PQube Business Solutions Private Limited and the Buyer.
- All commercial terms pertaining to the sale, including the price, shipping costs, payment methods, payment terms, date and mode of delivery, warranties related to products and services, post-sale services, are offered by and agreed to between Buyers and PQube Business Solutions Private Limited alone.
- PQube Business Solutions Private Limited makes no representation or Warranty as to specifics (such as quality, value, saleability etc.) of the products or services proposed offered for sale on the www.wecomart.com. Further, PQube Business Solutions Private Limited does not make any representation or warranty as to the characteristics (such as legal title, creditworthiness, identity etc.) of any of its users.
- PQube Business Solutions Private Limited is not responsible for any action of a third party in relation to a transaction on the www.wecomart.com.
- PQube Business Solutions Private Limited is not responsible for any amount paid directly to a third party by a Buyer, in contravention of the systems and processes placed on the www.wecomart.com.
The following rights shall be retained by PQube Business Solutions Private Limited regarding the usage of the www.wecomart.com by all customers:
- The right to stop (permanently or temporarily) providing the www.wecomart.com (or any features within) for use to you or to users generally at PQube Business Solutions Private Limited's sole discretion.
- The right to disable access to a customer’s account or login route, wherein customers may be prevented from accessing the offers, their account details or any files or other content which is contained in their account.
- The right to facilitate a transaction at its own discretion, based on but not limited to factors such as purchase history, customer behaviour, Buyer location etc
- The right to modify the features of the www.wecomart.com at any time, which may result in a limitation of usage of the offers or the discontinuation altogether.
Users of the www.wecomart.com may not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to a third party, who has not licensed such usage of the information.
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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.
- Harm minors in any way.
- Contains video, photographs or images of another person (minor or an adult)
- Infringes any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy.
- Violates any law for the time being in force.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonate another other individual or an entity.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Users of the www.wecomart.com may not attempt to:
- Access (or attempt to access) any of the offering by any means other than through the interface that is provided by PQube Business Solutions Private Limited, unless you have been specifically allowed to do so in a separate agreement with PQube Business Solutions Private Limited. Users specifically agree not to access (or attempt to access) any of the offer through any automated means (including using of scripts or web crawlers).
- Not engage in any activity that interferes with or disrupts the offer (or the servers and networks which are connected to the offer).
- Not reproduce, duplicate, copy, sell, trade or resell the offer for any purpose.
- Interfere with another User’s use and enjoyment of the platform.
- Create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider or other suppliers.
- You are responsible to PQube Business Solutions Private Limited and to the third parties for maintaining the confidentiality of passwords associated with any account you use to access the www.wecomart.com. You will be solely responsible for all activities that occur under your account.
- While PQube Business Solutions Private Limited will take due care to ensure the confidentiality of your credentials, you agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into PQube Business Solutions Private Limited database. PQube Business Solutions Private Limited shall not be made liable for any resulting damages.
- If You become aware of any unauthorized use of your password or of your account, you are required to notify the concerned official at PQube Business Solutions Private Limited immediately, as disclosed below.
- All the materials, products and services on the www.wecomart.com are available to users on an "as is" and "as available" basis, without any representation or warranties, express or implied.
- PQube Business Solutions Private Limited further expressly disclaims all warranties and conditions of any kind regarding www.wecomart.com and the products sold therein, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- PQube Business Solutions Private Limited does not represent or warrant to You that:
- Your use of the offering will meet Your requirements.
- Your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime.
- Any information obtained by You as a result of Your use of the offering will be accurate or reliable.
- No advice or information, whether oral or written, obtained by you from PQube Business Solutions Private Limited or through or from the www.wecomart.com shall create any warranty not expressly stated in these terms.
- Further, PQube Business Solutions Private Limited shall not be held responsible for non-availability of the website www.wecomart.com during periodic maintenance operations or any unplanned suspension of access to our website.
- All content presented to users on the www.wecomart.com, including but not limited to advertisements and promotional material of PQube Business Solutions Private Limited or other companies on the www.wecomart.com, is protected by intellectual property rights which are owned by PQube Business Solutions Private Limited or the sponsors or advertisers who provide that content. You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) without express written consent from the owner of such intellectual property.
- Users are solely responsible (and PQube Business Solutions Private Limited has no responsibility to either the User or any third party) for all liabilities and consequences arising from any content that they create, transmit or display while using the www.wecomart.com.
- Using the www.wecomart.com might expose Users to Content that is offensive, indecent or objectionable and that, in this respect, and all Users agree that PQube Business Solutions Private Limited shall not be made responsible in any manner for any repugnant content circulated on the www.wecomart.com by other users. Further, on noticing any such content, it is the duty of Users to bring it to the attention of PQube Business Solutions Private Limited officials immediately, who will take due care to delete it from the offering in accordance with the applicable law.
- Using the www.wecomart.com may expose Users to hyperlinks to other web sites or content or resources from third parties, over which or whom PQube Business Solutions Private Limited may have no control. You acknowledge and agree that PQube Business Solutions Private Limited is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- PQube Business Solutions Private Limited owns all legal right, title, interest and intellectual property in the www.wecomart.com, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist).
- Without the prior written consent of PQube Business Solutions Private Limited, nothing in the terms gives any User the right to use any of PQube Business Solutions Private Limited's trade names, trademarks, service marks, logos, domain names, any other proprietary rights and other distinctive brand features in any manner.
LIMITATION OF LIABILITY
- You expressly understand and agree that in no event shall PQube Business Solutions Private Limited be liable to You for any direct, indirect, punitive, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability, and this shall include without limitation, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss.
- Further, You expressly agree that PQube Business Solutions Private Limited shall not be liable for any loss or damage arising out of:
- The use or the inability to use the Services or Products.
- Unauthorized access to or alteration of a User's transmissions or data.
- The deletion, corruption or loss of any Content on the www.wecomart.com, whether created by You or not.
- Your failure to keep Your account information, such as login and password, secure and confidential.
- Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the PQube Business Solutions Private Limited.
- Further, the User understands and agrees that any material and or data downloaded from the www.wecomart.com is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and or data. PQube Business Solutions Private Limited shall not be liable for any dispute or disagreement between Users.
- PQube Business Solutions Private Limited may terminate Your use of the www.wecomart.com at any time if:
(a) it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms & Conditions or features of the www.wecomart.com.
(c) if you use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Company or mislead PQube Business Solutions Private Limited by sharing multiple address and phone numbers or transacting with malafide intentions, then PQube Business Solutions Private Limited reserves the right to refuse access to our website, terminate accounts including any linked accounts without notice to You.
- When these terms come to an end, all the legal rights, obligations and liabilities that you and PQube Business Solutions Private Limited are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. All Users shall be liable for payment regarding any services or products purchased prior to the time of such termination.
- These terms and all disputes arising out of or in connection with these terms shall be governed by the laws of India, and the courts and tribunals of Bengaluru, Karnataka shall have exclusive jurisdiction over all matters arising thereof, subject to the arbitration provision below.
- You and PQube Business Solutions Private Limited agree that any dispute will be referred to arbitration, under the Arbitration and Conciliation Act, 1996, with the arbitration to be held in Bengaluru, Karnataka in English language, and the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer for the www.wecomart.com are provided below:
eMail ID: [email protected]
Mobile number: +91 9731249009 / +91 7624985570
CHANGES TO THE TERMS AND POLICY
- These terms, along with the PQube Business Solutions Private Limited Policies, constitute the legal agreement between You and PQube Business Solutions Private Limited and govern Your use of the www.wecomart.com.
- You agree that if PQube Business Solutions Private Limited does not exercise or enforce any legal right or remedy which is contained in the terms (or which PQube Business Solutions Private Limited has the benefit of under any applicable law), this will not be taken to be a formal waiver of PQube Business Solutions Private Limited's rights and that those rights or remedies will still be available to PQube Business Solutions Private Limited.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
In case you wish to contact PQube Business Solutions Private Limited for any reason whatsoever, including to review all personal information provided to us by and during Your use of the www.wecomart.com, please send an email to: [email protected] with all necessary details of your query.