Terms & Conditions

TERMS OF USE

These ‘Terms of Use’, which are intended to be a legally binding contract between you and us, contains the following:

(i) Website Terms of Use: this governs the access and use of the Website; and

(ii) Privacy Policy: this governs the use of your personal information we collect.

You confirm that you are of legal age to enter into binding contracts, have read, understood and are bound by these Terms of Use. If you do not want to be bound by these Terms of Use, you should not use this Website.

References to “you”, “User” shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website and “we”, “us”, “Qwikcilver” and “our” shall mean Qwikcilver Solutions Private Limited.

WEBSITE TERMS OF USE

A.General

www.qwikcilver.com(“Website“) is an Internet based portal owned and operated by Qwikcilver, a company incorporated under the laws of India, having its registered office at No. 111, 1st floor, “Brigade Manae Court”, Industrial Layout, Koramangala 5th Block, Bangalore – 560095, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Qwikcilver at its sole discretion and posted on the Website.

B.Communication

Qwikcilver may use the information submitted by you to respond to any queries raised by you pursuant to your use and access to the Website. We may also use this information to send you e-mails and SMS for administrative and marketing purposes[MDT1] , through its servers and systems; or through third party e-mail or SMS service providers.

User can unsubscribe/opt-out from our communications sent on SMS and email anytime:

(i)Please email us at info@qwikcilver.com to unsubscribe from SMS or E-mail;

(ii)User can also un-subscribe from emails, by clicking the “Unsubscribe URL” mentioned in the footer of the emails.[MDT2]

C.Functionalities Offered

This Website is an information gateway to our business model including the products and services that we extend to the Users.

D.Privacy Policy

You hereby understand and agree that you have read and fully understood the Privacy Policy of Qwikcilver set out herein.

E.User Obligations

You agree and undertake to use the Website only to access information regarding Qwikcilver including the products and services provided by us. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:

(i) Modify, alter or otherwise make any derivative uses of our content, trademarks, technology platform or its underlying software, or any portion thereof;

(ii) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;

(iii) Infringe upon or violate the rights of Qwikcilver, its users or third parties;

(iv) Download, copy or imitate any portion of the Qwikcilver technology platform, its underlying software and content, or its user interface, or the Website, except as expressly permitted by us;

(v) Aggregate or scrape any content, data or other information from the Website to be aggregated or shown with material from other sites or on a secondary site without our express written permission;

(vi) Hyperlink to the Website or deep-link to any portion of our Website without our written consent;

(vii) Interfere with our Website’s attempt to access or steal any data and information on or related to the Website;

(viii) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;

(ix) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Website and the users’ security;

(x) Use the Website other than for its intended purposes (including for any malicious, threatening, unethical, harassing, fraudulent or illegal activity) or otherwise in violation of these Terms of Use.

(xi) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

(xii) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

(xiii) Conduct or forward surveys, contests, pyramid schemes or chain letters;

(xiv) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(xv) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(xvi) Violate any applicable laws or regulations for the time being in force in or outside India;

(xvii) Violate any provisions of these Terms of Use or any other terms and conditions for the use of the Website contained elsewhere herein;

Under no circumstance shall Qwikcilver be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.

F.Usage Conduct

(i) You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website;

(ii) You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website; and

(iii) You shall use this Website for personal, non-commercial use only.

G.Intellectual Property Rights

(i)Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Qwikcilver owns all Intellectual Property Rights to and into the trademarks “Qwikcilver”, [MDT3] and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Qwikcilver without obtaining authorization from Qwikcilver.

(ii)Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.

H.Links to Third Party Sites

Qwikcilver will contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of Qwikcilver, and Qwikcilver is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Qwikcilver is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Qwikcilver provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Qwikcilver of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Qwikcilver. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.

I.Disclaimer of Warranties & Liability

Qwikcilver has endeavored to ensure that all the information on the Website is correct, but Qwikcilver neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Qwikcilver be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Qwikcilver be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Qwikcilver shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Qwikcilver’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

J.Indemnification

You agree to indemnify, defend and hold harmless Qwikcilver from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Qwikcilver that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use.

K.Termination

Qwikcilver may suspend or terminate your use of the Website or any Service at its sole and absolute discretion.

(i) Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Qwikcilver chooses to terminate them; and

(ii) If you or Qwikcilver terminates your use of the Website, Qwikcilver may delete any content or other materials relating to your use of the Website and Qwikcilver will have no liability to you or any third party for doing so.

L. Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.

M. Report Abuse

If you come across any abuse or violation of these Terms, please report to info@qwikcilver.com

N. PRIVACY POLICY

OBJECTIVE

Privacy Policy to be uploaded onto the websites of Qwikcilver Solutions Private Limited, in order to ensure compliance with the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

SCOPE

This privacy policy (“Privacy Policy”) succinctly describes how we collect and use your information through a variety of digital means. You are advised to read the Privacy Policy carefully. This Privacy Policy applies to current and former visitors of the Website. By accessing or using this Website on any computer, mobile phone, tablet, console or other device (collectively, “Device“), you consent to our Privacy Policy.

By way of the Website, Qwikcilver is inter alia engaged in the business of providing to its customers including you, end to end stored value card solutions by managing gift card, prepaid card and loyalty programs and facilitating distribution of gift and prepaid cards through various channels (collectively “Services”);

This Privacy Policy is incorporated into, and is subject to, the Terms of Use.

INFORMATION THAT IS OR MAY BE COLLECTED FROM YOU

We may automatically receive and collect certain anonymous information in standard usage logs through our server, including computer-identification information obtained from “cookies” sent to your browser from a:

  • web server cookie stored on your hard drive;
  • an IP address, assigned to the computer which you use;
  • the domain server through which you access our service;
  • the type of computer you’re using; and
  • the type of web browser you’re using.

We may actively collect the following personally identifiable information about you:

  • name including first and last name;
  • email address;
  • mobile phone number and contact details;
  • address and postal code;
  • opinions of features on this Website;
  • product / service preferences; and

Other information as per our registration process and as stipulated by applicable law, ancillary to availing of the different classes of Services provided by us.

We may also actively collect the following personal information as below:

  • about the pages you visit/access;
  • the links you click on this Website;
  • the number of times you access a particular page; and
  • the number of times you have interacted on this Website.

We may collect your name and billing address when you make payment for the Services. However, we will NEVER collect any confidential financial details. All payment information barring the aforesaid (i.e. name and address) will be obtained and processed by our online payment partners and payment gateways.

METHOD OF COLLECTING INFORMATION

We may collect information from you passively. We use tracking tools including, but not limited to, Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of the Website.

Our advertisers may collect anonymous traffic information from their own assigned cookies to your browser.  This Website may contain links to other websites. We are not responsible for the privacy practices of websites which we do not own, manage or control.

METHOD OF USING INFORMATION

We use your personal information to:

  • tailor-make our Website to suit your interest;
  • optimize the Website for you based on your usage pattern;
  • to get in touch with you when necessary;
  • to provide and improve the Services;
  • to preserve social history as governed by existing law or policy;
  • to provide the Services to you; and
  • for security purposes: to protect ourselves or our websites and applications.

We use personally identifiable information internally to:

  • send you confirmations, notifications, acknowledgments and other details pertaining to the Services  you have placed on the Website;
  • direct our efforts to improve features and facilities;
  • notify you of any developments in this Privacy Policy; and
  • send you materials regarding: (i) upcoming offers; and/or (ii) any information that we deem material in order for you to be a fully informed user and customer of, and visitor to the Website.

We may use your information as otherwise permitted by law.

SHARING OF INFORMATION

We will not use information collected by you, for any purpose other than to complete a transaction with you. We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:

  • we have your permission;
  • it is to provide and facilitate provision of the Services;
  • it is to help investigate, prevent or take action regarding unlawful and illegal activities; suspected fraud, potential threat to the safety or security of any person, violations of our Terms of Use or to defend against legal claims;
  • it is with a successor to all or part of our business;
  • special circumstances such as compliance with court orders, requests/order, notices from legal authorities or law enforcement agencies compel us to make such disclosure; and
  • it forms part of the anonymous information we share with our sub-distributors and channel partners and/or advertisers on an aggregate basis.

THIRD PARTY PLATFORMS 

You may be directed to third-party applications from our Website which we do not control. This Privacy Policy solely and exclusively governs your usage and experience of our Website. Accordingly, we undertake no liability whatsoever as regards your usage of these third-party applications and you may visit them at your own risk. We strongly encourage that you read the privacy policies of any third-party website / application you are directed to before using the same.

PROCEDURE FOR CORRECTING INACCURACIES IN THE INFORMATION

To correct or update any information you have provided, you may do so online. In the event of loss of access details you can use any of the following options:

Send an e-mail to: nodal.officer@qwikcilver.com; or
Call the following telephone number: 1800 419 4438

POLICY UPDATES

This Privacy Policy was last updated on 28th September 2017. We reserve the right to change or update this policy at any time. Such changes shall be effective immediately upon posting on this Website.

GRIEVANCE OFFICER

In accordance with the Indian Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the grievance redressal officer are provided below:

Mr. Kumar Sudarsan

No. 111, 1st floor, “Brigade Manae Court”,

Industrial Layout, Koramangala, 5th Block,

Bangalore – 560 095

1800 419 4438

nodal.officer@qwikcilver.com

If you have any other questions about this Privacy Policy or other privacy concerns, you can also email us at “compliance_infosec@qwikcilver.com”.

JURISDICTION

If you choose to visit the Website, your visit and any dispute over privacy is subject to this Privacy Policy and the Website’s Terms of Use.  Regardless of where you live, you consent to have your personal data transferred, processed and stored in India. In addition to the foregoing, any disputes arising under this Privacy Policy shall be governed by the laws of India and the courts at Bangalore shall have exclusive jurisdiction.

TERMS OF USE

Your use of and access of the Website including any disputes arising therefrom, is subject to this Privacy Policy as well as our Terms of Use. Please read our Terms of Use carefully in order to obtain information on the terms governing the use of and access to the Website.

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