Terms & Conditions

Last Updated On: 25/06/2021

Collaberus Technologies (hereinafter referred to as "Collaberus," "we," or "our") is in the business of providing digital solutions to merchants via web/QR/WhatsApp-based digital platform(s) (“QuickSe Platform”) that allow merchants to communicate with their customers, among other things, through the integration of social media networks, in-store ordering and billing systems, bank/payment gateways, and distribution partners (“QuickSe Services”).

Collaberus is a B2B and B2C company that provides technology solutions to numerous businesses and end users through the QuickSe Platform. It is clarified that Collaberus is solely a technology provider/intermediary/e commerce facilitator, and that it is not engaged in any activity/job or offering services that may be construed as a trader, manufacturer, stockist, or distributor.

QuickSe has created an exclusive URL (“QuickSe URL”) for each merchant listed/registered with QuickSe (“Merchant” or “you” or “your”) so that QuickSe Services can be provided to the Merchant's customers / users of the QuickSe URL (“Customer”). Furthermore, QuickSe has created a smartphone application called " QuickSe App" ("QuickSe Mobile App") to assist Merchants, among other things, with the registration process with QuickSe and the processing of Customer’s orders.

The Merchant's use of the QuickSe URL and QuickSe Mobile App (collectively, the " QuickSe Applications'') is governed by these terms and conditions ("T&Cs"). Please read these T&Cs carefully before downloading or using the QuickSe Applications. Before using the QuickSe Applications, merchants can read the Customer's Terms & Conditions. You may not use the QuickSe Applications or register as a Merchant if you do not adhere to these T&Cs and/or Customer's Terms & Conditions. You signal the unconditional approval of these T&Cs and other QuickSe rules by using the QuickSe Applications (as framed by QuickSe from time to time).

Registration & Information

To offer/sell their goods on the QuickSe URL, all merchants must register on the QuickSe Mobile App. Completing the onboarding procedure, including appropriate KYC documentation, and connecting the bank account are all part of the registration process.

On the QuickSe Applications, the merchant must always have authentic, reliable, legitimate, right, full, and up-to-date information. Pricing, inventory, menu, consumer details, inputs, bites, discount, taxes, and other information as demanded by QuickSe from time to time are examples of such information.

At all times, Merchant shall: (a) strictly comply with all applicable laws, now or hereafter in effect, relating to its performance of these T&Cs; (b) pay all fees and other charges required by any applicable law; and (c) obtain and maintain in full force and effect all licences, permits, authorizations, registrations, and qualifications from any authority to the extent necessary to perform its obligations.

Performance, affordability, and merchantability of the market's goods and services are exclusively the responsibility of the merchant. Furthermore, merchants are barred from using the QuickSe Applications to sell, deliver, or supply any products or services that are illegal, prohibited, restricting, inaccessible, or otherwise in violation of relevant laws.

Any relevant levies, duties, fees, and similar costs in relation to the goods and services are entirely the responsibility of the merchants. This includes, but is not limited to, GST charge.

If QuickSe suspects or discovers that the Merchant is engaging in some illegal operation/transaction, or other activity that is in violation of applicable legislation, these T&Cs, or any other QuickSe rules, QuickSe reserves the right, among other things, to withdraw sums due to the Merchant from its Customer(s) and/or terminate the account until the matter/dispute is resolved.

Ordering

QuickSe Applications enable Merchants to bid, sell, and receive orders for their products from customers (“Order”) by offering different product information.

Delivery

Customers will have the orders shipped to the address they give on the QuickSe Platform. As part of the Order process on the QuickSe Platform, you agree that the Products are delivered at applicable delivery costs, which are notified at the time of the order. Also, your order of Products on this QuickSe Platform is delivered to you at your full cost and risk.

Please note that We work with Third Parties for the Orders' distribution to the Customers. Third Parties can charge distance-based delivery fees for using the network of their delivery partners. In the event that your delivery location is outside Our current service area, you may not be able to utilize our services or the service provided by Merchants.

You agree that Delivery periods quoted during the Order Process at the time of confirmation of orders are estimates and may vary. We will not be held responsible for any delays in delivery. In the event of unforeseen circumstances, Third Parties may not be able to deliver your products within the aforesaid timeline. In these cases, Third Parties will make sure to deliver your Order at the earliest possible time.

Delivery in the event of a change of delivery location is at Our sole discretion. Customers are responsible for providing adequate information, directions, and authorizations.

Customers agree that Merchants cannot be held accountable for any delays in delivery caused by delays in payments when payment authorizations are delayed by their banks or financial institutions.

Without the interference of QuickSe, all issues relating to the fulfillment of Orders shall be resolved jointly between the Merchant and the Customers.

Pricing

Unless otherwise stated, merchants must ensure that the goods listed on the QuickSe URL are sold at MRP.

In most cases, the price mentioned at the time of ordering will be charged when the order is delivered.

However, prices for certain products/items can vary depending on when they are delivered. In case the prices are higher or lower at the time of delivery, the differential amount will be paid to or collected from the Customer (as applicable).

Rewards

QuickSe reserves the right to offer rewards/cashbacks to any of all Merchants in accordance with its internal policy.

QuickSe will be exclusively responsible for all aspects/policies relating to the above rewards/cashbacks (including, but not limited to, implementation, number, conditions, mode, adjustment, payment, and withdrawal). QuickSe reserves the right to keep and/or change the payment of Merchants in the event of any wrongdoing, violation, or theft involving rewards/cashbacks.

Payment by the Customers

Customers will have the option of paying for their orders via the QuickSe URL (via different available modes such as credit card, debit card, and UPI). QuickSe can decide and modify these payment methods on a regular basis. QuickSe reserves the freedom to use only a limited number of payment options.

Payment to the Merchant

QuickSe can charge/be charged by the Merchant, as a consideration for rendering the QuickSe Services, the fees / Per Transaction Fixed Charge (PTFC) / Payment Service Charge per transaction (PSC), as determined and notified by QuickSe from time to time.

Refunds

Customer may be entitled to a refund for prepaid Orders. QuickSe shall be entitled to retain the penalty payable by the Customer in Section Cancellation from the amount refundable.

Cancellation

Customers cannot cancel their Orders (or any of the products included therein), and the Merchant can only cancel them if they are unable to satisfy the Customer for any reason (including, but not limited to, product/item availability). Orders can be cancelled by customers only within one minute of placing them.

In the event that the Customer cancels his/her order after one minute after placing it, QuickSe shall be entitled to collect 100% of the Order amount as a penalty for breach of contract terms as compensation for the Merchant and Delivery Partners.

QuickSe reserves the right to cancel Orders under any circumstances (including, but not limited to, selling illicit products/items) (or any product therein).

Cancellation or Rejection of the Order / Items

For pre-paid Orders, in any case where QuickSe or the Merchant cancels or rejects the Order or any other item(s) in the Order for any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item, as well as the applicable GST amount, will be refunded to the Customer, which amount will normally be credited within 3-business days.

If the amount is debited, but the order is not fulfilled

If the money for an Order / service therein is debited from the Customer's account/card but the Order is not effective, the concerned amount, as well as the relevant GST amount, will be refunded to the Customer, and the amount will usually be credited within 3-5 business days from the payment date.

Limit / Restrictions on Orders

QuickSe and/or Merchant retain the right to impose all required limitations or conditions on Orders, including but not limited to a cap on the number of Orders placed by a single Customer and a minimum and maximum order amount.

QuickSe’s Limited Liability & Disclaimer

QuickSe makes no direct or implicit representations, warranties, or guarantees about the QuickSe Services, QuickSe Platform, QuickSe URL, or QuickSe Mobile App, and disclaims any responsibility arising out of the Merchant's usage or dependency on the same to the fullest degree allowed by statute.

In addition to the other restrictions and exclusions set out in these T&Cs, QuickSe, its directors, officers, staff, agents, or other members shall not be liable for any direct, indirect, extraordinary, accidental, consequential, or punitive damages, or any other damages of any kind, arising out of or relating to QuickSe Services, QuickSe Platform, QuickSe URL, or QuickSe Mobile App.

QuickSe would not be liable to Customers for any product(s) or service(s) offered by the Merchant, or for any responsibility arising out of those products or services. The Merchant would personally resolve all claims relating to the same.

QuickSe neither provides any representation or guarantee about the product(s) or service(s) sold or provided to be sold or purchased on the QuickSe Applications, nor does it indirectly or expressly promote or approve the selling or purchasing of any product(s) or service(s) on the QuickSe Applications.

QuickSe takes no responsibility for any mistake, omission, violation, or failure to act, whether on its own behalf or on behalf of a third party (including the Merchant).

Any contract for the selling of any product(s) or service(s) by QuickSe Applications must be a bipartite agreement between the Merchant and the Customer. Order fulfilment, sale, effectiveness, cost, quantity, merchantability, distribution, and all other problems are solely the responsibility of the merchant. QuickSe shall not be liable for all such aspects/issues or any loss/damage resulting from them, and in the event that the Customer lodges a complaint over such aspects/issues, QuickSe shall forward the complaint to the Merchant. The Merchant is responsible for promptly resolving Customer issues. QuickSe would not be held accountable if Merchant fails to answer the grievances in a satisfactory manner. Customers have the power to take legal action against the Merchant if they believe the Merchant has violated their rights.

It is hereby explained that QuickSe & Collaberus Technologies is solely a technology provider/intermediary/ecommerce facilitator, and that QuickSe is not engaged in any activity/job or offering facilities that could be construed as a supplier, manufacturer, stockiest, or distributor. QuickSe has no involvement with the direct selling, distribution, or fulfilment of Orders, and instead serves as a forum for facilitating Orders. Furthermore, QuickSe would not be held liable for any payment-related disputes that arise at the Merchant's or Customer's end (including but not limited to chargeback or refund related issues).

Items, products, menus, pricing lists, and other details accessible on the QuickSe Applications are based on information supplied by the Merchant, and QuickSe is not responsible for any changes, cancellations, or unavailability.

In addition to the terms stated above, the Merchant's terms and conditions (if any) would apply to the transactions described in these T&Cs. These terms and conditions must be communicated to the Customer in advance.

Miscellaneous:

Restricted Sub-License: QuickSe gives you a limited sub-license to browse and use the QuickSe Applications for personal purposes only, and you can not change it, or any part of it, without express written permission. Any resale or commercial use of QuickSe Applications or its contents; any compilation and use of product lists, descriptions, or prices; any derivative use of QuickSe Applications or its contents; any uploading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data collecting and extraction methods are all prohibited under this licence. Without express written permission, no portion of the QuickSe Applications can be replicated, duplicated, copied, sold, resold, visited, or otherwise used for any commercial purpose. It is explained that QuickSe is not liable for any copyright or intellectual property issues arising from the proposed product images (as applicable on the QuickSe Applications) or the product images posted by the Merchant.

Eligibility: Only selected geographies in India will be able to use the QuickSe Applications' services. The QuickSe Applications are not available to those who are "incompetent to negotiate" under the Indian Contract Act, 1872, such as un-discharged insolvents. If you are under the age of 18, you can only use the QuickSe Applications with the permission of a parent or legal guardian who agrees to be bound by these terms and conditions.

Indemnification: You agree to defend, indemnify, and hold QuickSe and Collaberus Technologies, its employees, directors, officers, agents, and their successors and assigns harmless against and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, that may result in any loss, damage, or liability to QuickSe, Customer, or any third party as a result of (including but not limited to) any breach of any warranty agreements, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations.

Electronic Record: This document is an electronic record in accordance with the Information Technology Act of 2000 and the rules made thereunder, as applicable and updated from time to time.

Modification: QuickSe and Collaberus Technologies holds the right to amend or alter these T&Cs and other policies at any time by posting updates on the QuickSe Applications/website, and you are responsible for keeping yourself up to date with those changes. Your continued use of the facilities after the posting of any changes constitutes your approval of the revised T&Cs/policies.

Termination: QuickSe and Collaberus Technologies reserves the right to cancel this arrangement / T&Cs at any moment and without warning, and to deny you access to the QuickSe Applications as a result. QuickSe would not be held liable in the event of such a termination.

Severability: If any provision of these T&Cs is found to be illegal, invalid, or otherwise unenforceable under the laws of any state or country where these T&Cs are intended to be effective, that provision shall be severed and deleted to the extent and within the jurisdiction where that term is illegal, invalid, or unenforceable, and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction: Without limiting the above, these terms and conditions shall be construed in compliance with Indian law, and any litigation arising out of these terms and conditions between QuickSe and the Merchant shall be brought exclusively in the courts of New Delhi, India.

Complaints and Grievance Redressal

Any grievances, abuse, or concerns about content, comment, or a violation of these terms must be promptly reported in writing or by email signed with an electronic signature to:

Collaberus Technologies,
C-1/4 1st Floor, West Enclave, Pitampura
New Delhi, Delhi – 110034, India
Email id: contact@quickse.in