Terms & Conditions : QCommerce

This Platform is operated by the company, Ctrl-E Technologies Private Limited, under the brand name of Qfast/Qcommerce . The Company offers this Platform, including all information, tools and services available from this Platform to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The terms whereof are subject to change at any time, without prior notice to you. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that you are aware of the changes, please review this Buyers’ Agreement and all the documents referred to hereunder periodically.

There are 2 distinct and separate user profile offered on our system. Merchant (Seller) profile is that of an individual, company or any entity that offers products, goods and services to be bought, subscribed for by individual consumers. Consumer profile is that of an individual, company or any entity that buys or subscribes to the offering by the merchant as described above.

Ctrl-E respects the privacy of all our registered users. To this end, we have systems in place for securely managing your Personal Information. We created this Privacy Policy to help you understand the types of information we collect, how we use and disclose it, your options related to it, and our responsibilities in safeguarding it.

We collect Personal Information when you register to use the service. All Personal Information gathered is on a voluntary basis. By submitting a user registration form to us, you also authorize us to gather, parse, retain, use, and disclose information to provide our services as described in this Privacy Policy, unless we are notified otherwise.

User and Brand Registration. To register on our platform, you may need to provide personal information such as your name, e-mail address, telephone number, postal address, google location. You may also provide other information, such as your photograph and your valid id. Upon the termination of the relationship between Ctrl-E and the Merchants, Ctrl-E will keep your Personal Information for lawful purposes only.

Using the Service. We collect information when consumers create profiles and place orders on the merchants using the platform. For example, when customers create a profile, or connect with a merchant, the platform will collect the information of the customers or Merchants provide in such submissions, including any Personal Information.

Social Plug-Ins. The Website may allow you to use social media plug-ins, such as Facebook’s “like” or Twitter’s “tweet” functions. The social media plug-ins collect information about you, such as your IP address, when you use them. The privacy policies of the social media services, and not this Privacy Policy, apply to any data collected by the social media plug-ins.

Social Media Pages. We may collect information about you when you visit our social media pages or other features. The social media website provider may provide us with information, including Personal Information, such as your name, e-mail address, and other information made available to us.

Customer Support. We may collect Personal Information through your communications with our customer-support team.

EXCLUSION OF LIABILITY

You are aware and fully understand that this platform is only a platform for prospective buyers and sellers and that:

• The Merchant (seller) alone shall have full legal and moral responsibility and liability for all the Products listed and sold on the Platform. Company shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to you;
• The Merchant alone shall be responsible for procuring all licenses, permits, passes etc. as required by applicable law for each of the Products listed or sold through the Platform. The responsibility lies solely with You and the Merchant for ensuring that the Products being listed or sold and bought are permitted for advertising, listing, sale and purchase under applicable laws;
• It is Merchant’s responsibility to not list or sell anything that is not permitted under applicable laws and Your responsibility to not purchase anything that is not permitted under applicable laws. An indicative list is provided below, but that list is not exhaustive. We have the right but not the obligation to remove any item that is listed for sale from the Platform; and
• Ctrl-E does not take responsibility of any refunds sought from any of the merchants on the platform. The consumers have to contact merchants directly to have their grievances addressed. Ctrl-E will not be party to any of these conversations

CANCELLATION AND RETURN POLICY

•  Ctrl-E is not responsible to handle any cancellations or returns of the products procured from merchants using the platform.
• All cancellations & refunds to be initiated outside the platform with the respective merchants directly and Ctrl-E does not take ownership of the claim or the resolution of the grievances of consumers

REFUND POLICY

• Ctrl-E does not entertain a refund for

1. Non usage of the platform once subscribed
2. Pro-rate usage of the platform
3. Consumers claim of returns and refunds of products using the platform

PROHIBITED USES

At no point you can sell or purchase the following Products on the Platform either as a buyer or a seller:

• Animals and wildlife products – examples include live animals, mounted specimens, and ivory
• Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.)
• Alcohol
• Electronic surveillance equipment prohibited by law
• Embargoed goods from prohibited countries
• Endangered species of animals and plants, whether alive or dead
• Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns
• Any financial services
• Food and healthcare items without holding requisite permits
• Grey market products
• Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the army, etc.)
• Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
• IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights
• Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
• Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985
• Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture
• Radioactive materials
• Reptile skins
• Sex determination Kit
• Stocks and securities
• Real estate
• Stolen property
• Tobacco
• Any other sanctioned or prohibited items or services as per applicable laws; and
• Any other item deemed unfit by Company.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the platform or its Content:

• for any unlawful purpose
• to solicit others to perform or participate in any unlawful acts
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others
• to submit false or misleading information
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet
• to collect or track the personal information of others
• to spam, phish, pretext, spider, crawl, or scrape
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses.

COPYRIGHT AND TRADEMARK

Each time you upload the Content, you grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.

You agree and confirm that

• All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on this Platform (“IP”) is owned by and/or licensed to Us or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
• No extracts of this Platform or part thereof shall be displayed, printed or downloaded by you or with your assistance, for any reason, including without limitation to commercialize any IP in any way.
• Your use of this Platform does not confer on you or any other party, any licence or other rights under the intellectual property or other proprietary rights of the Company, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
• The Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Cookies and Similar Technology

We and our third party service providers, such as advertising networks and analytics service providers, may collect anonymous information automatically through the use of “cookies” and similar technology. The service providers also may collect information about your online activities over time and on other websites or apps. Cookies are small pieces of information that are stored by your browser on your computer’s hard drive to collect information about your activities on our Website.

Cookies do not contain any Personal Information. We use cookies to collect and store information for statistical purposes, including browsing and Service usage activity, and to improve the services we provide. For example, if you are a registered user, we will use a cookie to save your Service settings and to provide customizable and personalized services. Cookies also enable you to select products, place them in your shopping cart and purchase the items. If you select and purchase products on the Service, we keep a record of your browsing activity and purchases. Most browsers allow you to refuse cookies from websites or to remove cookies from your hard drive. If you choose to do this, you may not be able to access or use portions of the Website.

INFORMATION USE We use Personal Information to:

• Facilitate and improve the Service and our services.
• Communicate with you.
• Promote Merchants and commerce in general.
• We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. Ctrl-E will use information, including Personal Information, for internal, administrative, and service-related purposes. We may use and retain any data we collect to provide and improve our services. For example, we use Personal Information submitted by customers to process and complete the customer’s order, including for shipping and billing purposes. We also use Personal Information submitted by Merchants to calculate and process commissions.

Communications. We use a customer’s name, mailing address, e-mail address and telephone number (WhatsApp/Telegram/SMS etc.,) for the following limited purposes:

• Sending e-mails for informational and operational purposes, such as account management or system maintenance.
• Monitoring and ensuring customer satisfaction, including troubleshooting problems and resolving disputes.
• Keeping you informed of new products and promotions at Ctrl-E and
• Sending you Ctrl-E newsletters
• Or any other communication as deemed necessary for business

Promoting Merchants.

Ctrl-E may, from time to time, publish a Merchant’s Personal Information (for example, name, photograph, sales results and achievements) to recognize the Merchant’s achievements and help motivate other Merchants. These promotions will not contain Personal Information about customers.

Aggregate Data. We may anonymize and aggregate data collected through the Service and use it for any purpose. For example, we may aggregate usage and transaction information to provide product recommendations to Website users.

INFORMATION DISCLOSURES

We may share your information:

• with our third-party vendors and service providers.
• to refer you to a Merchant.
• to connect different Merchants on the platform.
• to comply with legal obligations.
• to protect and defend our rights and property and
• with your permission.

We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. We may share anonymous information for marketing and advertising purposes.

Vendors and Service Providers. We want to provide you with excellent service and make your Ctrl-E experience as seamless as possible. We share information, including non-public Personal Information, with third parties that perform services on our behalf so we can provide and improve our services. For example, we may disclose Personal Information for fraud detection and prevention. These third parties must abide by this Privacy Policy and keep non-public information confidential and use it only for its intended purpose.

Transaction Fees. For every transaction (receiving payment for products or services) when your customers pay on Ctrl-E platform, a payment gateway charge of 3% will be levied on the transaction amount.

Connect Independent Business Owners. To facilitate communications among our network of Merchants, we may share Merchant’s contact information with other Merchants

Marketing. We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to enable the delivery of online advertising on the Service, or otherwise facilitate transmittal of information we think may be useful or relevant to you.

ORDERS, LOGISTICS AND COMMERCIAL TERMS

1. Payment Terms: All transactions done via our Payment Gateway will be settled in T+2 days.
2. Return Policy (No Questions Asked 7 days Return Policy): Ctrl-E does not provide / facilitate goods return policy as part of the platform. All goods returns & respective refunds need to be handled by the Merchants outside of the platform
3. Payment Gateway Charges: 3% is deducted from Transfer Price (including taxes) quoted by the Merchant/Supplier to cover the payment gateway charges of payment partner.
4. Payment Mode: Payment will be made through RTGS / NEFT / UPI transfers
5. Tax Liability: Ctrl-E is not responsible for deducting tax on behalf of any party (supplier or reseller). Concerned Party (Merchant / Supplier / Re-Seller) will take care of their respective Tax Liabilities (such as GST etc.)
6. Orders: Ctrl-E accepts only advance subscription for platform usage.  Customers can pay Merchants either directly or by using our payment gateway with appropriate charges incorporated. Merchants can pay Ctrl-E for platform usage with a preferred choice of payment : Net-banking, credit cards, debit cards, UPI.
7. Fulfilment: Merchant is expected to fulfil 100% orders. Non-Fulfilment of orders above 2% of total orders will automatically lead to blacklisting of such Merchants/suppliers.
8. Product Quality: Any claim related to Product and Product Quality is the sole responsibility of the supplier.

Logistics: All merchants have to arrange for their own delivery mechanism and Ctrl-E does not supply / guarantee delivery of goods /services of the merchants.

SAMPLE PAYMENT STRUCTURE*

*Numbers are for representation only.

DISCLAIMER & OTHER TERMS & CONDITIONS

CTRL-E reserves the right to change/modify/amend these Terms & Conditions and reserves the right to modify the fees and/or payment structure. The revised terms & conditions shall be updated on Qfast/QCom website. You should make sure to view these Terms & Conditions periodically to make sure you are familiar with the changes.

Ctrl-E makes no express or implied warranties, guaranties, representations, or undertaking, whatsoever, regarding the Service, except those expressly mentioned in this document.

Ctrl-E shall not be liable to the Customer and/or any person, firm, body corporate claiming through, under, or interest for the Customer and the Customer hereby waives and agrees to continue to waive all claims/ actions for any delays, losses including, but not limited to, loss of business, profit, revenue or goodwill, damages, fees, costs, expenses, orders, Judgment, etc. direct, incidental or consequential arising out of any interruption, delays, errors or defects or other failure with respect to the Service and or value added / supplementary Services or billing arrangements, payments or collections even if Ctrl-E has been advised of the possibility of such damages. In no event, shall the liability if it arises, can exceed the amount paid by the Customer for the service in question for the said timeframe. Further, the Customer remains solely responsible for his/her own negligence, acts or omissions.

Ctrl-E shall not be liable for any act of commission or emission of any third party/ suppliers/ manufacturers/ including any agency/ company offering any privilege or benefits to Customers without specific permission or authority of Ctrl-E.

Ctrl-E’ contractual rights and remedies, as well as those available at law or equity, are in independent and cumulative.

The Customer has fully read/has been explained in vernacular, verbatim the Terms of Service and has understood the contents hereof and has signed the CIF in token of its consent, with the clear understanding that it is valid and binding document on both parties and can be enforced by them in accordance with law.

In case the Customer is a company/firm or any subscription is taken in the name of the company/firm, the CIF shall be duly signed and sealed by its constituted and authorized signatory. Company/ firm shall intimate Ctrl-E in writing, immediately, in case of any change in the constituted and authorized signatory.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Arbitration Act rules framed by the Govt. of India and the location of arbitration will be Bangalore City, India. This contract will be subject to the laws as in-force by the Government of India, state of Karnataka with jurisdiction set to Bangalore city.