NotinQ
TERMS & CONDITIONS
www.notinq.com, a platform for online and offline shopping and delivery through the use of smart technology and technology enabled devices, is owned and operated by Notinq Technologies Private Limited (“NotinQ”). This document provides for the terms and conditions that define and govern our relationship with all our users or guests when using our Platform or Services.
NotinQ offers its Platform and Services to you conditioned upon your acceptance of all the terms mentioned herein, including the Privacy Policy and any other notifications, circulars or additional terms (together, “Terms”). By clicking on the “Accept” button, you are consenting to be bound by and are becoming a party to all the Terms.
1. Definitions
  1. We: Notinq Technologies Private Limited and its authorized representatives. The words ‘our’ or ‘us’ or its connotations are also included herein.
  2. User or you: All our guests, visitors and users, whether registered on the Platform or not.
  3. Registered Merchants: All merchants and vendors registered with NotinQ offering their goods for sale on the Platform.
  4. Account: The account a User creates on the Platform after completing the registration process.
  5. Personal Information: Information that may include the name, location, device information, your preferences, choice of language, contact details and such other information as may be required from the User from time to time for registration on the Platform.
  6. Platform: The NotinQ website (www.notinq.com), NotinQ mobile application (Notinq ) or any other platform owned and operated by NotinQ through which it provides any Service.
  7. Service(s): Any service provided by or through NotinQ over its Platform or through any other medium.
  8. Fee: The prescribed fee to avail a Service over the Platform, as applicable.
  9. Applicable Law: Any applicable law, rule or regulation in force in India from time to time.
2. Eligibility
The Platform and Services shall only be used by persons above the age of 18. By using our Platform or Services you represent and warrant that you are above the age of 18 and have the right, authority, and capacity to enter into and to abide by all of the terms and conditions set forth herein yourself or on behalf of your minor dependent(s).
You are eligible to avail Services for any other person(s) through your Account only with their express consent. It is your responsibility to inform such person(s), that through their access or use of our Platform or Services, they also become party to these Terms.
3. Registration
  1. In order to avail Services over the Platform, you must first register with NotinQ on its Platform. By registering on the Platform, you expressly agree to be contacted via Email, SMS, WhatsApp, text messaging and push notifications by us and third parties, if relevant, regarding our Platform and/or Services.
  2. You shall provide true, accurate, current, and complete Registration data. We shall not be liable for any fault in our Services due to a lack of, incorrect, or false Registration Data provided by any User.
  3. You shall not provide any information with fraudulent or criminal intent, during or after the registration. If Users provide any information for the purposes of fraudulent or criminal activities, or we have reasonable grounds to suspect that such information has been provided with such intent, we have the right to suspend or terminate their Account and refuse any and all current or future use of the Platform and/or Services.
  4. NotinQ grants its Users a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Platform and Services by virtue of their registration.
4. Your Account
  1. You agree to maintain and promptly update your information on your Account to keep it accurate and current.
  2. You must maintain the security of your Account at all times including the Account password and/or access to Account through any device (e.g.: personal mobile phone on which the Account is signed into) or communication medium (e.g.: WhatsApp or e-mail id associated with the Account) as the case may be.
  3. You are solely responsible for any and all activities that occur through or by your Account. We cannot and shall not be liable for any loss or damage caused as a result of any activity occurring through your Account whether initiated by you or any other person, with or without your knowledge.
  4. Upon learning of any unauthorized use of your Account or breach of security, please inform us immediately by sending a mail to care@notinq.com and cooperate with us in taking necessary action to secure your Account including providing access to the device through which you access the Platform, if required.
5. Our Services
  1. The Platform allows you to avail Services including sending requests through NotinQ to Registered Merchant(s) against the applicable Fee.
  2. All commercial/contractual terms are offered by and agreed to between you and the Registered Merchant alone. The commercial/contractual terms include without limitation price, delivery costs, mode of delivery, payment methods, payment terms, date, period, warranties related to products. NotinQ does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Registered Merchant.
  3. NotinQ does not make any representation or warranty as to specifics (such as quality, value, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform. NotinQ does not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. NotinQ accepts no liability for any errors or omissions, whether on behalf of itself or any third party.
  4. At no time, shall NotinQ hold any right, title or interest over the products nor shall it have any obligations or liabilities in respect of such contract entered into between you and the Registered Merchant. We cannot and shall not be responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  5. We reserve the right to make changes to our Services and Fees at any time without notice. You will be subject to the terms in force at the time that you use the Platform or Service.
6. Payment Policies
  1. NotinQ shall endeavor to provide its Users with facilities/gateways to pay the Fee through credit cards, debit cards, cash cards, internet banking, etc.
  2. You agree that payment mechanisms may be governed by separate/additional terms of use and agreements between the third parties who provide such facilities.
  3. In no event, whatsoever shall NotinQ take any responsibility or liability for malfunctioning or defect in any payment procedure including without limitation non-receipt, non-payment or any errors in transaction.
  4. You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services. Payment of the Fee shall be the sole responsibility of the User.
7. Replacement & Refund
  1. Any replacements and refunds for all products shall be governed by the replacement and refund policies of the Registered Merchant. You are requested to check such policies of the Registered Merchant before making a purchase on the Platform.
  2. If you have received a product that is defective, damaged or not as described, you can raise a request for replacement or refund with the concerned Registered Merchant directly, as per the contact details of the Registered Merchant provided on the invoice.
  3. The Registered Merchant may provide a replacement or refund or take any other action as appropriate, based on its replacement and refund policies or the policies of the product manufacturer, as the case may be. NotinQ shall not be liable for any action taken by the Registered Merchant whatsoever.
  4. Any refund amount may be sent to the account from where payment was made, or returned to the User by any other mode as decided by the Registered Merchant at his/her sole discretion.
8. Prohibited Activities
  1. Our Users must be human. Accounts registered by "bots" or similar automated methods are not permitted.
  2. The Users’ use of the Platform and/or Service must not violate any Applicable Law or cause injury to any person whatsoever through the use of the Platform or Services.
  3. Our Users agree not to access the Platform or Services by any means other than through authorized interfaces.
  4. Our Users agree to not use the Platform or Services in a manner that is inconsistent with the rights and restrictions as set forth in these Terms.
  5. You shall not use the Platform in order to transmit, distribute, store or destroy material, including, without limitation, content provided by NotinQ:
    1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any country; or
    2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
    3. that is false, misleading, defamatory, misleading, libelous, obscene, threatening, abusive or is offensive to Users of the Platform, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    4. that harasses or advocates harassment of another person.
  6. You are also prohibited from violating or attempting to violate the security of the Platform, including, without limitation the following activities:
    1. accessing data not intended for you or logging into a server or account which you are not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with Platform service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding", "spamming", "mail bombing", "hacking" or "crashing"; or
    4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
  7. Specific Restrictions on Rights to Use. In addition to the above, you shall not:
    1. modify, adapt, translate, or reverse engineer any portion of the Platform or Services;
    2. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or Services;
    3. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or Service, or for crawling the Platform and scraping content, or to circumvent the technological methods adopted by the Platform to prevent such prohibited use;
    4. reformat or frame any portion of the web pages that are part of the Platform;
    5. create user accounts by automated means or under false or fraudulent pretenses;
    6. engage in activities or submit content that solicits Personal Information for unlawful purposes from other Users;
    7. engage in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
    8. in any manner interfere with other User's enjoyment of the Platform/Services;
    9. submit any content or material that falsely expresses or implies that such content or material is sponsored or endorsed by NotinQ or the Platform or Services;
    10. transmit any viruses, worms, defects, Trojan horses or other malware or items of a destructive nature;
    11. make use of the Platform or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material deemed threatening or obscene;
    12. copy or store any content offered on the Platform or Services for any purpose other than your own use;
    13. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
    14. Use any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Platform or Services, or for any other unauthorized purpose without our prior written consent;
    15. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or Services;
    16. Engage in decompiling, reverse engineering, or disassembling the software or attempt to do so or any such activity that would result in discovery of the source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Platform or Services;
    17. Take any action that imposes an unreasonable or disproportionately large load on the Platform or our hardware and software infrastructure or that of any of our licensors or suppliers.
    18. Use the Platform and/or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform or Services, or that could damage, disable, overburden, or impair the functioning of the Platform or Services in any manner;
    19. Compromise the security of the Platform and/or Services;
    20. Use or attempt to use another User’s account without authorization;
    21. Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform or Services that the User is not authorized to access;
    22. Attempt to indicate in any manner that the User has a relationship with us or that we have endorsed the User or any products or services without our express written consent to do so;
    23. Attempt to indicate in any manner that the User has a relationship with us or that we have endorsed the User or any products or services without our express written consent to do so; Impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity;
    24. Develop any third-party applications that interact with content on the Platform and/or Services without our prior written consent; and
    25. Use the Platform and/or Services for any purpose that is not personal, or is illegal, or is beyond the scope of their intended use, or is otherwise prohibited in these Terms or the terms of any third party that governs a particular Service
  8. NotinQ shall be entitled to investigate such occurrences which may involve violations including but not limited to those enumerated above and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting persons who are involved in such violations.
9. Intellectual Property Ownership
  1. This Platform is controlled by NotinQ and the products are sold by respective Registered Merchants. These Terms do not transfer from us to our Users any of our or any third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties).
  2. Our logo, and all other trademarks, service marks, graphics and logos used in connection with the Platform and/or Services are our trademarks or registered trademarks, or our licensors’. Other trademarks, service marks, graphics and logos used in connection with the Platform and/or Services may be the trademarks of other third parties.
  3. Our Users’ use of the Platform and/or Services does not grant our Users any right or license to reproduce or otherwise use any of our or any third party’s trademarks.
  4. We (and respective third parties) retain all intellectual property rights in the content on the Platform. You must not copy, reproduce, republish, upload, post, transmit or distribute such content in any way, whether directly or indirectly, by yourself or through any third party.
10. Representation, Warranties
  1. The Platform is provided by NotinQ on an "as is" basis. NotinQ, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform, provision of Services or software or the information, content, materials, or products included on the Platform, or in association with the Services or any third-party websites or services. While we have taken precautions to avoid inaccuracies in content, this Platform, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
  2. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform.
  3. We do not warrant or covenant that the Platform and/or Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services and access to the Platform is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. Our Users represent and warrant that (i) The use of the Platform and/or Services will be in strict accordance with the our Terms, and with all applicable laws and regulations (including, without limitation, any local laws or regulations in their country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which our Users reside) and (ii) The use of the Platform and/or Services will not infringe or misappropriate the intellectual property rights of or cause harm to any third party.
11. Limitation of Liability
  1. You acknowledge and undertake that you are using the Platform or Services at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. We shall neither be liable nor be responsible for any actions or inactions, nor for any breach of conditions, representations or warranties by the Registered Merchants and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not have any liability whatsoever for any aspect of the payment between the third party and the User. Further, while we may facilitate dialogue between you and the Registered Merchants, we shall not mediate or resolve any dispute or disagreement between you and the Registered Merchants over any transaction whatsoever.
  2. To the fullest extent permissible by Applicable Law, NotinQ, its licensors and affiliates disclaim all warranties (express, statutory, or implied) arising out of the User’s use or reliance upon the Platform and/or Services, representations and warranties made by other Users, Registered Merchants or third parties, the content or information provided by them on the Platform, or any opinion or suggestion given or expressed by NotinQ or any of them in relation to any User or services provided by them. We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Platform.
  3. All the contents of this Platform are only for general information or use. NotinQ disclaims any liability arising out of your use of this Service or for any adverse outcome from your use of the information provided by this Service for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided through this Service.
  4. We are not responsible for the conduct of or content on the websites or applications of third parties, affiliates and business partners that the Platform may be linked to. NotinQ has no control over, and shall not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Platform or Services. Inclusion of any link on the Platform does not imply that NotinQ endorses the linked site. The User uses the links and these services at the User’s own risk.
  5. No advice or information, whether oral or written, obtained by any User from NotinQ, the Platform or through or from the Services, the information, content, materials, or products on the Platform shall create any warranty not expressly stated herein.
  6. In no event, shall NotinQ be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (i) the use or the inability to use the Platform/Services; (ii) unauthorized access to or alteration of the User's transmissions or data; (iii) any other matter relating to the Platform/Services; including, without limitation, damages for any loss whatsoever arising out of or in any way connected with the use or performance of the Platform.
  7. NotinQ shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). Without limiting the foregoing, NotinQ and its affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, service interruption, and/or loss of information or data.
  8. Neither shall NotinQ be responsible for the delay or inability to use the Platform or Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform/Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, NotinQ shall not be held responsible for non-availability of the Platform for reasons including but not limited to periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any other reason whatsoever. You agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
  9. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (i) breach of contract, (ii) breach of warranty, (iii) negligence, or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
  10. Each User shall be liable for every activity that takes place through that User’s account on the Platform be it carried out for himself/herself or on behalf of another person.
12. Indemnity
You agree to indemnify and hold NotinQ, its subsidiaries, affiliates, and associates harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Platform, (ii) your use of the Services, (iii) the violation of these Terms by you, or (iv) the infringement by you of any intellectual property or other right of any person or entity.
13. Term & Termination
  1. These Terms, with modifications as contemplated, shall remain in full force and effect during the use of the Platform and/or Services for all Users.
  2. We may terminate our Users’ access to all or any part of the Platform or Services at any time, with or without cause, with or without notice, effective immediately.
  3. If at any time our Users wish to terminate this binding agreement or their Account, they may simply uninstall the Platform or discontinue using the Platform and/or Services.
  4. The terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The User understands that any and all content posted by them shall stay in visibility to other Users.
14. Modifications
The Terms accord a right on NotinQ, in its discretion, to revise, modify, add, or remove portions of the Terms at any time. By our Users’ use of the Platform and/or Services, our Users obligate themselves to periodically check the Terms for any changes. We may also, in the future, offer new Services and/or features through the Platform or Services (including, the release of new tools and resources) which shall also be subject to these Terms. If any modification to these Terms is not acceptable to our Users, they must cease accessing, browsing and otherwise using the Platform and/or Services. The changes to the Terms shall be treated as read, recognized, understood, consented and accepted if the User continues to use the Platform or Services post such changes.
15. Miscellaneous
These Terms constitute the entire agreement between NotinQ and its Users concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NotinQ, or by our posting of a revised version. If any provision (or part of a provision) of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision (or part of a provision) shall be read down or deemed severed from these Terms to the minimum extent required to ensure compliance with the relevant laws, and the remainder of the Terms shall continue in full force and effect. A waiver by NotinQ of any condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Our Users may not assign their rights under these Terms to any party; NotinQ may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These Terms are subject to force majeure situations.
These Terms shall be governed by and construed in accordance with the Applicable Law only without reference to conflict of laws principles and disputes arising in relation hereto and shall be subject to the exclusive jurisdiction of the competent courts of Mumbai, India.
Contact Us:
If you have any questions about this Terms & Conditions document, please contact us by email or postal mail on the following address:
Customer Care Desk
E-mail id: care@notinq.com
Address: 1502, DLH Darpan, Andheri (West), Mumbai – 400 053