UbiqMerc V 1.0.10/22

User Terms & Conditions

• Personal Information

"UbiqMerc" is a Brand of Coologeex Technology Solutions Private Limited (hereinafter the “Company”), a company incorporated under the Companies Act, 2013 with its registered office in India. The domain name UbiqMart.com is owned by the Company.

It is strongly recommended that you read and understand these ‘Terms of Use/Terms and Conditions’ carefully, as by accessing the UbiqMart website or any of UbiqMerc’s or it’s brand mobile applications (hereinafter the “Marketplace”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Marketplace for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without any prior notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.

The terms ‘User(s)’, ’ Merchant(s)’, ’ Retailer(s)’ hereunder refer to the person accessing,or using the UbiqMart Marketplace at any point of time.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at Support

Services Overview

Marketplace Ordering:

This App is part of the Online Retail Marketplace as platform for billing customer orders, processing the online orders placed by customers through the app ecosystem. For abundant clarity, the Company does not provide supply of goods or services to the users directly other than providing the Marketplace as a platform to perform transaction within the definied framework.

The Company is not and cannot be a party to any transaction between (You) ’ Merchant(s)’and the third party sellers, or have no control, involvement or influence over the products sold by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.

Services on the Marketplace are available to only select geographies in India and are subject to restrictions based on business hours and days of Merchants/third-party sellers.

Transactions through the Marketplace may be subject to a delivery charge or any other charges that would be communicated to the customer) during checkout.

• Online ordering and Financial Terms
  1. The Platform allows you to place orders of various customers subject to the terms and conditions set out herein.
  2. All deliveries unless specified otherwise will be handled by the respective retailer or assigned third pary as may be and not by UbiqMerc.
  3. UbiqMerc does not own, sell, resell on its own and/or do not control the Merchants/ Retailer or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
  4. As a general rule, all orders placed on the Platform are treated as confirmed.
  5. However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
  6. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that UbiqMerc reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
  7. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of making an order; or (iii) credit or debit card or cash at the time of delivery on a case to case basis. You understand, accept and agree that the online payment facility provided by UbiqMerc is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, UbiqMerc is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  8. You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, unless for Cash on delivery/Self Pick-up orders, make any payment directly to the Merchant for Order bookings made using the Platform.
  9. You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability to reimburse those charges to you in this regard.
  10. In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment Gateway. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of order booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a notification in the app and/or confirmation email/sms summarizing your confirmed booking.
  11. The final tax bill will be issued by the Merchant to you (Buyer) in accordance with your order and UbiqMerc is merely providing the platform on behalf of such Merchants. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. UbiqMerc holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
  12. The prices reflected on the Platform are determined solely by the Merchant and are maintained/listed by or based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant’s product pricing changing and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
  13. Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant or UbiqMerc may cancel such your order(s).
  14. The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the customers and in no event shall be the responsibility of UbiqMerc.
  15. The transaction is bilateral between the Merchant and Buyer and therefore, UbiqMerc is not liable to charge or deposit any taxes applicable on such transaction.
• Cancellations and Refunds
  1. Once customer order is made on the marketplace, ie. once order is placed, irrespective, if the payment is made or not, the purchase cannot be modified, replaced, or refunded.
  2. UbiqMerc is not liable to refund, replace, cancel any purchases and is solely up to the merchant/ retailer’s discretion if they would accept any refunds for the products
• Terms of service
  1. You agree and acknowledge that we shall not be responsible for:
     • The services or goods provided by you as the Merchant
     • The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you.
     • The availability or unavailability of certain items; or
     • The Merchant serving the incorrect orders.
  2. The details of the products and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
  3. You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
  4. You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. UbiqMerc does not take responsibility for delivery and this will be handled by the retailers.
  5. You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same.
  6. You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
  7. You understand that our liability ends once the order has place on any UbiqMerc platform.
  8. Services provided:
     • You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
     • Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
     • You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
     • You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
  9. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
  10. If you use the Platform, you do the same at your own risk.
  11. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
• Loyalty, Membership & Discount Terms of service:
  1. By agreeing to these Terms and Conditions during Opt-in process, the Member confirms his willingness to join the Program and his/her eligibility to be a Member in terms of these Terms and Conditions and applicable Indian laws. The Member further agrees to comply with the provisions of these Terms and Conditions and all additions, modifications, and amendments hereto. Members on the DND list have agreed to receive administrative UbiqMerc communications with their explicit missed call during opt in, as well as having been notified on opt out procedures immediately upon enrolment.
  2. The Member understands and agrees that by providing his/her contact information such as, but not limited to, phone number, physical address and email address, UbiqMerc reserves the right to communicate its Program and promotional offers through these channels and any other information offered as a part of enrolment process. The members understand and agree to receive Program-related updates and other Administrative and Promotional Communication through these communication mediums. Membership in UbiqMerc is non-transferable under any circumstances.
  3. The Member also agrees to provide any further information requested by UbiqMerc as and when communicated by UbiqMerc, and to comply with all directions, guidelines, instructions, etc issued by UbiqMerc relating to any/all matters connected to the services of UbiqMerc.
  4. The Member agrees that all the information supplied to UbiqMerc is true and correct and the Member shall be solely responsible and liable if the same is found incorrect. The Member is required to inform UbiqMerc of all changes in contact details through the UbiqMerc helpline. If a Member fails to provide the change of address information immediately, UbiqMerc or its Authorized Retailers or its Suppliers will not be responsible for any delay in delivery of the products/ services or Rewards ordered by the Member.
• Points
  1. Member shall be solely responsible for the management of all Points accumulated, outstanding or accrued, to such Member’s Membership Account.
  2. A member can earn points by shopping at any of UbiqMerc’s Authorized Retailer / Retail partners, that are explicitly running the loyalty program.
  3. A member can also earn points from UbiqMerc on completion of particular activities as an incentive
  4. The Membership Account and Points are not a payment medium or payment instrument. Points are non-negotiable, non-redeemable and non-exchangeable for cash or credit. These Points cannot be used again once redeemed.
  5. When a Member seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by UbiqMerc Authorized Retailers, the provisions of such services, benefits, facilities or arrangements will be subject to the respective Terms and Conditions of the Partner, being the provider of the said benefits, facilities and arrangements.
  6. In case of a reversal of any Earn Activity, Points credited to the UbiqMerc Membership Account, as a result, will be deducted from the accrued Points balance.
  7. Points may be earned only as per the terms determined by Authorized Retailers/ Merchants/ Retailers and as agreed to by UbiqMerc either in their physical stores or via the UbiqMerc app. More specifically, certain Earn Activities may receive more or less Points. Exclusions may be posted or noted at point of sale.
  8. UbiqMerc and its Authorized Retailers reserve the right to change the Points earn rate per Earn Activity.
  9. No Points will be provided for Earn Activities retroactively unless otherwise specified by UbiqMerc.
  10. Points are calculated by rounding down the transaction value to the nearest integer that merits a full Point denomination as determined by UbiqMerc. These Points are accrued in whole. Members will not be awarded Points in fractions.
  11. UbiqMerc can at any time without intimation to the Members, add and / or remove Authorized Retailers or Earn Activities.
  12. All Point dispute complaints older than fourteen (14) Working Days from the date of the Earn Activity will not be entertained. The Member must provide proof of Earn Activity to register any Point dispute.
  13. Authorized Retailers may change any of the Terms and Conditions of their business at any time without giving notice to Members. UbiqMerc is not responsible for informing Members of the aforementioned changes. UbiqMerc has no liability for the acts and omissions of Authorized Retailers.
  14. On receipt of the Redemption request, Points will be deducted from the accumulated Points from the Membership Account. Once the Redemption request is placed and the Member receives the Redemption confirmation via mobile, the request cannot be canceled or refunded.
  15. The respective Authorized Retailers are responsible for the Points issued under this Program and in the event of any of them going into liquidation or non-payment for these Points or any similar event, UbiqMerc shall not be liable to honor Points which have been credited to the Membership Account and are yet to be redeemed, but have not been fully funded by the Partner as on that date. In such an event, such Points will be removed from the Membership Account without prior intimation.
  16. Authorized Retailers are responsible for informing UbiqMerc of Points to be credited to a Member’s Membership Account. UbiqMerc shall not be responsible for any failure, delay or error by a Partner to inform UbiqMerc of Points to be credited to a Member’s UbiqMerc Membership Account.
  17. Points can only be earned, held, or redeemed as set out in these Terms and Conditions. Any other use, award, sale, exchange or transfer of Points, or any attempt to do so, is a breach of these Terms and Conditions and may result in a Member’s UbiqMerc Membership Account being closed and any outstanding Points being forfeited.
• Redemption

Redemption of Points is subject to UbiqMerc approval and is guided by:

1. Restrictions imposed by any Supplier of the Reward.
2. Specific Terms and Conditions may exist for certain Rewards, which will be provided at time of Redemption or upon request to the UbiqMerc helpline.
3. Whenever deemed necessary, UbiqMerc may, without notice, cancel the Reward order or substitute the Reward with another of comparable nature and value, as determined by UbiqMerc.
4. The Points accrued can only be redeemed by the primary relationship-holder.
5. Redeemed Rewards will be delivered through the relevant channels with information provided during enrolment unless updates are provided to UbiqMerc via helpline or occasional information update communications.
6. The redemption value of each point is determined by UbiqMerc and UbiqMerc has the right to change this at any points without any written notice.

• Point Expiry
  1. Points once earned could expire within a particular variable timespan, this information will be made clear in the member’s account
  2. Points once expired cannot be renewed or reactivated under any circumstance
• Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Marketplace.

However, if you are a minor, i.e. under the age of 18 years, you may use/access the Marketplace under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Marketplace is intended to be a platform for consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Marketplace to purchase products from third-party sellers, who have been granted access to the Marketplace to display and offer their products for sale through the Marketplace.

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/ pre-determined criteria. In such cases, if you are a genuine user of the Platform, please contact us for assistance.

• License & Access

The Company grants you a limited sub-license to access and make personal use of the Marketplace, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or to any server, computer, network, or to any of the services offered on or through the Marketplace, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information

1. belongs to another person and to which you do not have any right.
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
3. harms minors in any way.
4. infringes any patent, trademark, copyright or another proprietary/intellectual property rights.
5. violates any law for the time being in force.
6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature.
7. impersonates another person.
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
10. is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.

• Account & Registration Obligations

All users must register and log in for placing orders on the Marketplace. You must keep your account and registration details current and correct for all communications related to your purchases from the Marketplace. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by or by contacting the customer services team of Marketplace and placing a request for the same.

As part of the registration process on the Marketplace, the Company may collect the following personally identifiable information about you, including but not limited to Name , email address, age, address mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company https://UbiqMerc.com/PrivacyPolicy, which is incorporated in these Terms of Use by reference.

• Pricing

The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by third-party seller. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).

• Disputes

UbiqMerc is indemnified from any claim of personal loss, physical damage, gross negligence, or willful misconduct arising out of any activity or accident affiliated with this Agreement. Member shall reimburse UbiqMerc for any costs, including but not limited to, reasonable attorney’s fees incurred in defense against any such claim. In no event should UbiqMerc be liable to Member for any damages which have occurred through no fault of their own.

• Indemnification

You agree to defend, indemnify and hold harmless UbiqMerc, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:

1. (a) Your use of and access to our Platforms in a manner except as permitted herein.
2. (b) Your violation of any of these Terms or any applicable law.
3. (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

This indemnification obligation will survive the termination of Your account or use of services and the App.

• Governing Law
  • . The laws of India will govern these Terms and Conditions and the same shall be subject to the exclusive jurisdiction of the courts at the location at which the relevant center is located. The Members agrees and accepts that it shall not raise any disputes in respect to the Terms and Conditions in any other courts except such courts that are located in the relevant center is located.

1. Any dispute or difference whatsoever arising between the parties arising out of or in relating to the construction, scope, operation or effect of these Terms and Conditions, including any question regarding their existence, validity or termination, shall be settled by negotiation in the first instance, and if that fails, it will be referred to and settled by arbitration in Mumbai in accordance with the Indian Arbitration and Conciliation Act, 1996 and the award made in pursuance, thereof ,shall be binding on the parties. The number of arbitrators shall be one and he / she will be approved by mutual consent. The language of the arbitration shall be in English.

• Disclaimer
  • . THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

1. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
2. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
3. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.
4. UbiqMerc DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
5. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
6. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
7. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• Intellectual property
  • . We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

1. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
4. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

• Third Party Content
  • . We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

1. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

• Severability

Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under law, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.

• IP Notice and Take Down Policy
  • . UbiqMerc has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

1. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: UbiqMerc does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, UbiqMerc is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to UbiqMerc.)

Contact Us:

Please reach us for any questions or issues (including all inquiries unrelated to copyright infringement) regarding this Platform.

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Coologeex Technology Solutions Private Limited

Address: No.12, “Haricharan I Floor,Adambakkam, Chennai ” India.

Email: ubiq@coologeex.com

Web: www.coologeex.com