1) INTRODUCTION

The Quikr service is run by Quikr India Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at No. 6, 1st Floor, Raghuvanshi Mansion, Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Parel (E), Mumbai - 400013 (”Quikr”). Quikr carriers on the business of making available to end-users local classified advertisements and related services (”Classified (s)”) through its website accessible throught the URL <http://www.quikr.com/> (”Website”). The objective is to provide a simple and quick guide to end-users for up-to-date Classified in a user-friendly manner and via a medium that the end-user is comfortable with. The end-users of the Website are persons who may want to sell or purchase goods / avail services and are seeking information about where/through whom they may be able to do so. (”users”)

2) SUBSCRIPTION

Business houses / small medium enterprises / corporate entites / semicorporate entities / establishments / individuals in order to promote their company / business / offerings / items for sale on the Website may subscribe to advertise on the Website. Quikr may provide information about such subscribers (hereinaftre refferred to as “Advertiser(s) / Customer”) the manner provide for in these Terms and Conditions.

3) TERMS OF SERVICE

These Terms of Servide (”terms”) set forth the terms and conditions under which the “Advertiser” has agreed to have Classified(s) Placed on the Website and thereby be indentified as as a vendor / provider of a service to Users. Quikr’s obligations to the Advertiser under these Terms shall come into effect after the Advertiser makes all payments due to Quikr under the subscription scheme it mya choose. These Terms will override any letter or correspondence exchanged between the parties on the subject matter hereof. These Terms shall be valid and effective from the effective date and for the duration or the validity period mentioned or page 1 of this agreement and may be renewed by the Advertiser by a written request to renewal accompanied by the requisite fees as may be stipulated by Quikr, Provided that Quikr may refuse to renew any subscription at its sole discretion. No. renewal shall be effective unless the fees and charges determinded in the manner provided for in these Terms is remitted by the Advertiser. Should the Advertiser wish to change the subscription scheme for Classifieds, the same will be at the sole discretion of Quikr and shall be chargeable. For premium ad credits subscribed by the Advertiser, this contract is valid till the end of the validity peiriod mentioned on page 1 of this agreement or consumption of all premium ad credits subscribed whichever is earlier. If all the premium ads available to the Advertiser under the subscription scheme it chooses are not used / availed of during the period of these Terms, the unutilized units shall be forfeited - no refund shall be made by Quikr to the Advertiser in respect of such unused / units, and neither shall they be carried forward should the Advertiser renew its subscription. No monies pad by the Advertiser to Quikr shall be refundable to the Advertiser under any circumstances. For certain subscription schemes, Quikr may also choose to provide certain additional services free of cost like providing a free mobile phone to the advertiser and enabling the mobile phone to receiver relevant business leads sent free of cost by Quikr. Quikr is not responsible or takes guarantee for any free products/ Services offered along with the premium ads pack. For all service related queries associated with those products/ services, client will have to contact the manufacturer (who has provided the warranty) or the other appropriate service agency. Change requirements will be addressed post facto and an additional fee might be applicable. Quikr may Quikr may use the Advertiser’s name, logo and other details as provided, for online promotion and lead generation. Any concern with respect to the use of trademerk has to be brought to Quikr;s attention in writing by advertiser and the same will be addressed by Quikr within 30 days. Premium ads are Prioritized over free ads on the website on search and browse pages. The sequence in which premium ads are displayed will be controlled by Quikr’s search algorithm which is Quikr’ sole prerogative. The advertiser shall not have a sy in detrmining the sequence in which ads are displayed within the set of premium ads matching a user’s search query/browse intent. Banner slots will be provided as per the details mentioned in the contract form. Banner slots will be shared between Quikr’s advertisers who have subscribed for a particular slot and the banners will be displayed on a rotational basis. A banner will be displayed only after seeking approval from the advertiser. Quikr does not provide any guarantees of impressions or clicks for the client banners. Verified leads refer to consumers who have expressed interest in consuming a service from a service provider recommended by Quikr. Any dispute regarding any verified lead shall be raised to Quikr within 3 days of the lead being sent in writing/email and will be analyzed on a case by case basis. Quikr’s decision will be final and binding in the event of a dispute regarding a lead.

4) PRODUCTS/SERVICES OFFERED BY QUIKR

Premium ads are prioritzed over free ads on the website. On search and browse pages of the website, premium ads are shown on top of the page and/or highlighted depending on the type of premium ad (Top of Page, Urgent, Top of Page + Urgent). The premium ads appearing on “Top of Page Ads” section on any search/browse page are selected from the entire pool of “Top of Page” premium ads matching the user query. Premium ads are also prioritized over free ads on other pages of the Website.

5) NO GUARANTEE OF BUSINESS

Quikr does not guarantee business from the leads generated. Quikr shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the Website. Advertises understands that Quikr’s only obligation is to place the premium ads on the Website in the manner provided for in these Terms. Accuracy or the information/content provided is the advertiser’s responsibility and Quikr will not be held responsible for false claims made by the advertiser.

6) MARKETING

Marketing of the customer’s product/service will be done strictly in accordance with the requirements mentioned in the order form, basis the information about the product(s)/service(s) provided by the customer.

7) INDEMNIFICATION

Advertiser shall indemnify and hold harmless Quikr its affiliates, directors, officers, agents and employees from any claim, loss or damage including attorneys’ fees asserted, claimed or awarded by/to any third party including any User due to or arising out of or in relation to (i) any action or inaction of Advertiser its employees or agents, (ii) the content of any Classified(s) being unlawful, in relation to any of its Classified(s) and/or (iii) the violation of any breach of these Terms by the Advertiser including the violation of any one or more Advertiser Obligation or any representation / warranty made by the Advertiser being inaccurate (iv) noncompliance/breah/violation of any applicable laws, rules and regulations, subject to the terms of this Agreement.

8) ADVERTISER OBLIGATIONS

1. Advertiser agrees to make all payments due to Quikr in a timely and effcient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-paument instructions in respect of such cheques. The Advertiser recognized the Quikr has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is bona fide business organization or individual carrying on bussiness in relation to the items disclosed to Quikr, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) all Classified(s) provide to Quikr is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and Quikr shall bear no responsibility for the same. The Advertiser agrees to be bound by all applicable policies of Quikr relating to Classifieds and the Website, and the Advertiser grants to Quikr a worldwide intellectual property license (including a copyright and trade mark license) during the terms of this Agreement relating to all intellectual property rights in the Classified(s) to do any acts in relation to the Classified(s) which Quikr may deem necessary to fulfil its obligations under this Agreement. The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account or the advertiser. It is agreed that in case of any claims in respect or the same against Quikr, the advertiser shall indemnify Quikr against all such claims and damages. The Parties acknowledge that the Content provided through Services constitutes only the information and cannot be construed, as an opinion of Quikr and any claims in respect of the same shall be to the account of the Company. Advertiser shall procure and keep valid all necessary licenses, permissions, authorisations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorisations, consents, approvals and registrations;
2. Service providers at all times ensure that all the applicable laws that govern their profession are followed while rendering their services.

9) DISCLAIMER AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, Quikr disclaims all warranties, express or implied including without limitation for non-infringement merchantability, satisfactory quality and fitness for purpose of the service provided by Quikr to the the advertiser under this agreement and also any service or product featured in or through any Classifieds To the fullest extent premitted by law, Quikr disclaims all guarantees regarding accurate positioning of the premium ads. Advertiser understands that there may be errors in the same. Quikr will not be liable for the payment of any damages of whatever nature to the Advertiser for any matter arising in relation to these Terms including any violation of these Terms by Quikr, or in relation to any Classified(s) in any manner, or for the consequences of any of them, beyond a total maximum amount of the amounts paid to Quikr by the Advertiser during the preceding twelve months calculated from the date of any claim which the Advertiser may make.

10) TERMINATION

1. If Quikr or Advertiser (”Defaulting Party”) commits a breach of duty owed to the other party (”Other Party”) the Other Party may call upon the Defaulting Party to rectify the breach within twenty-one days of the receipt of notice detailing the breach, failing which other Party may terminate the relationship between advertiser and Quikr by a further notice to the Defaulting Party. Complaints from Users about the quality and resposiveness of Advertiser or Advertiser’s services/goods shall be a cause for termination by Quikr.
2. Upon termination or expiry of this Agreement, either by efflux of time or by termination under this Clause, under no circumstances, Advertiser shall be entitled to claim a refund of any amounts paid to Quikr by it.
3. If there is a disagreement over any new policy introduced by Quikr, the Advertiser may terminate this Agreement.

11) NOTICE

Notices shall be sent by email or facsimile to the facsimile number / email addressed notified by Quikr/Advertiser from time to time and shall be followed by notice by registered post / reputed courier.

12) MODIFICATIONS TO TERMS OF WEBSITE

Advertiser agrees that Quikr has the right to change these Terms or any policies relating to the Website or Classifieds at any time. The Customer will receive an intimation upon any changes.

13) TAXES

The Advertiser shall pay Quikr all the taxes and charges now in force or enacted in future that are imposed on any amount paid/payable to Quikr by the Advertiser or arising out of Advertiser’s relationship with Quikr, and Advertiser hereby agrees that they shall pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that if the said taxes and charges are not charged by Quikr the same shall be paid by the Advertiser without raising any objections. Advertiser should provide GST registration number at the time of making the payment/ signing the order form. Quikr will not be responsible for customer tax benefit in case, GSTIN is not provided.

14) GENERAL

a) Quikr’s opinion on all issues pertaining to the interpretation of these Terms shall be final ad binding on Advertiser (b) These Terms and the relationship between Quikr and Advertiser is governed by the laws of India and, subject to the afbitration agreement below, the courts in Mumbai shall have exclusive jurisdiction to determine all matters and disputes which may arise in relation to these Terms or any Classified(s). (c) Advertiser agrees that no joit venture, partnership, employment, or agency exists between Advertiser and Quikr. (d) Quikr is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Quikr’s right and obligation to comply with the Law or governmental / court orders, and requests of enforcement agencies. (e) if any part or these Terms are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches in intent or the original provision, and whether or not such supersession is possible, the remainder of these Terms shall continue in effect. (f) Advertiser may not assign these Terms or any rights or obligations against/to Quikr without Quikr’s prior written consent. Quikr reserves the right to assign these Terms or any right or obligation against/to Advertiser. Upon such assignment by Quikr, the assignee shall be bound by these Terms in the same manner as Quikr and Quikr shall cease to have any liability to Advertiser. (f) Quikr shall not be resposible for any delay or deficiency due to any force majeure events such natural disasters acts of terrorism, civil labour strike, labour and transportation strikes. (g) Nothing in these Terms obliges Quikr to provide any credit to Advertiser. (h) It is agreed that the expirty or termination of this Agreement shall not affect any liability of the Advertiser to pay Quikr any amount due to it prior to such expiry or termination, and further, the expiry or termination of this Agreement shall not affect the operation of any obligations of the Advertiser in the Agreement which a plain reading would convey intended to operate even after such expiry or termination.

15) Arbitration

All disputes, differences and /or claims arising out or these Terms shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996. The Dispute shall be referred to the Sole Arbitrator who shall be appointed by the Authorized person / Director or Quikr. The Advertiser shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by Authorised person / Director of Quikr. The Arbitration proceedings shall be held at Mumbai and the arbitratoin shall be conducted in English Language. The awart or the Arbitration shall be final and binding on the Advertiser and Quikr.