The Universal Terms of
Service Agreement (this “Agreement”) is entered into by and between QUACTIVE and you and is made effective as of the
date of electronic acceptance. This Agreement sets forth the general terms and
conditions of your use of QUACTIVE products and services (individually and collectively, the
“Services”) purchased or accessed through QUACTIVE or the QUACTIVE website (this “Site”), and is in
addition to (not in lieu of) any specific terms and conditions that apply to
the particular Services you purchase or access through QUACTIVE or this Site.
The terms “we”, “us” or “our” shall refer to QUACTIVE (this site) or QuActive.org or QUACTIVE. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
Terms & Conditions
QUACTIVE, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) QUACTIVE may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, QUACTIVE may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. QUACTIVE assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
- ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
- GENERAL RULES OF CONDUCT
You acknowledge and agree that :
- Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by QUACTIVE.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access QUACTIVE Content (as defined below) or User Content through any technology or means other than through this Site itself, or as QUACTIVE may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. QUACTIVE does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
- You will not use this Site or the Services found at this Site, including any of QUACTIVE’s related technologies, for any commercial use without QUACTIVE’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- Any User Account, not used for more than 3 Months will be deactivated and it will become dormant. such account can be activated by email request to customer care.
QUACTIVE reserves the right to modify, change or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
- SITE RULES
- Only one account is allowed per person.
- Only one account is allowed per household (exceptions may apply – contact support with questions).
- No bots of any kind of third-party software are allowed when using the site.
- QUACTIVE employees and their family members (defined as parents, spouse, siblings, and children) and any person residing in the same household as employees may not under any circumstances participate in QUACTIVE
- If you win any auction using your FREE credits (given as new user welcome bonus or refer a friend program, or liking us on social network etc.) you need to purchase any 1 credits package to obtain your winning product. no one can win the product without buying something. Minimum Package you need to buy is of 99 Credits
- In the rare case, if
due to technical reasons, QUACTIVE website gets down or unreachable, we reserve rights to
cancel auction remained live during that downtime. All used credits will be
refunded to user or auction will be re-scheduled after informing all members, a
winner on that auction will not be entitled to claim that product.
We will try to maintain our site 99.9% up, but due to unavoidable technical faults from Hosting server, sometime site may go down in some region or entire internet.
- MRP Listed for any product on the website is Maximum Retail Price, Bill/invoice received by you may show different amount than MRP.
- Products images/photos shown on the website is for reference only. Actual product may look different. But the model number specified on the website will not be compromised. You will get exactly what we have mentioned.
- In a very rare case, if we are not able to deliver you the product, we will offer you an identical product or same value benefits after a mutual understanding with you.
- Auto Bids are not allowed on any FREE BID Auctions, if you will violate this term, your account will be terminated.
- MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
QUACTIVE generally does not pre-screen User Content. However, QUACTIVE reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. QUACTIVE may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by QUACTIVE in its sole and absolute discretion), at any time and without prior notice. QUACTIVE may also terminate a User’s access to this Site or the Services found at this Site if QUACTIVE has reason to believe the User is a repeat offender. If QUACTIVE terminates your access to this Site or the Services found at this Site, QUACTIVE may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
- ADDITIONAL RESERVATION OF RIGHTS
QUACTIVE expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or for any reason (as determined by QUACTIVE in its sole and absolute discretion
- NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by QUACTIVE’s Anti-Spam Policy referenced above and available here. You agree QUACTIVE may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or another unsolicited bulk email.
- TRADEMARK AND/OR COPYRIGHT CLAIMS
QUACTIVE supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to QUACTIVE’s Trademark and/or Copyright Infringement Policy referenced above
- LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by QUACTIVE. QUACTIVE assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, QUACTIVE does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release QUACTIVE from any and all liability arising from your use of any third-party website. Accordingly, QUACTIVE encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL QUACTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT QUACTIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to protect, defend, indemnify and hold harmless QUACTIVE and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by QUACTIVEdirectly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
- (A) GENERAL TERMS
You agree to pay any
and all prices and payment due for Services purchased or obtained at this Site
at the time you order the Services. All prices and fees are non-refundable
unless otherwise expressly noted, even if your Services are suspended,
terminated, or transferred prior to the end of the Services term. QUACTIVE expressly reserves the right to change
or modify its prices and fees at any time, and such changes or modifications
shall be posted online at this Site and effective immediately without the need
for further notice to you. If you have purchased or obtained Services for a
period of months or years, changes or modifications in prices and fees shall be
effective when the Services in question come up for renewal as further
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card or debit card (ii) by using Net Banking facility provided by any regulated bank (iii) via an electronic check from your personal or business checking account, as appropriate (iv) by using PayPal (v) by using an International Payment Option or each a “Payment Method”. For Services that offer “PAY NOW or BUY NOW”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account.
You acknowledge and agree that where refunds are issued to your Payment Method, QUACTIVE‘s issuance of a refund receipt is only confirmation that QUACTIVE has submitted your refund to the Payment Method charged at the time of the original sale, and that QUACTIVE has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then QUACTIVE, in its sole and absolute discretion, reserves the right to issue the refund either (i) via issuance of a QUACTIVE check, which will be sent to the mailing address on file for your Account.
If for any reason QUACTIVE is unable to charge your Payment Method for the full amount owed for the Services provided, or if QUACTIVE receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that QUACTIVE may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf.
QUACTIVE may offer product-level pricing in various currencies; however, transaction processing is supported only in INR and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Goods & Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
- (B) OTHER PAYMENT OPTIONS
QUACTIVE offers a variety of alternative international payment options through a variety of Payment Gateway Service Providers (“PGSP”). In the event you select a PGSP, you represent that you have already agreed to any and all of the PGSP’s applicable customer service agreements in advance of completing your transaction at QUACTIVE. You also agree to allow the PGSP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method. You understand and agree that PGSP Fees are subject to change at any time by the PGSP without notice to you or QUACTIVE.
- SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
- NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- COMPLIANCE WITH LOCAL LAWS
QUACTIVE makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
- GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the laws in India, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of India West Bengal state, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of India, West Bengal. You agree to waive the right to trial by jury in any action or preceding that takes place relating to or arising out of this Agreement.