Adquad

Terms of Service

Thank you for using AdQuad, website “www.adquadshop.com” These Terms of Service (“Terms”) govern your use of the AdQuad services including AdQuad’s website, AdQuad’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by AdQuad (collectively, the “Services”), and are entered into by you and AdQuad Communications Pvt Ltd. (d/b/a AdQuad). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with AdQuad’s Privacy Policy.

Section 12 (“disputes & arbitration”) of these terms (the “arbitration agreement”) provides that any claims that you and AdQuad have against each other, including, without limitation, any claims that arose or were asserted before the effective date of these terms, will, with limited exceptions, be submitted to binding and final arbitration. To the fullest extent permitted by law, you also waive your right to seek relief in a court of law and to have a jury trial on your claims. Please see section 12 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement.

The Services comprise a technology Marketplace that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods/services for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third party logistics providers (collectively, “Third Party Providers”).

You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by AdQuad. You acknowledge that AdQuad does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that AdQuad and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and the Retailer—not the Third Party Provider and not AdQuad—is the seller of the goods to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable Retailer’s store. You agree that AdQuad or the applicable retailer will obtain a online payment or Cash on Delivery on file with AdQuad to cover the cost of the goods you have purchased from the retailer and any separate AdQuad fees, and you will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.

AdQuad may change the fees it charges for the Services, including but not limited to delivery fees, service fees, alcohol service fees and heavy order fees.Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different than in-store prices. You can view each Retailer’s pricing policies on their storefront on both the website and in the AdQuad app.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and AdQuad, AdQuad does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Unless otherwise indicated, all prices and other amounts are in the Indian Rupees currency only where the delivery takes place.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. AdQuad reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your order has been paid).

Your Use of the Services

AdQuad grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and AdQuad’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have AdQuad’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that AdQuad provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant AdQuad a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. AdQuad may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, AdQuad will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using AdQuad Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third Party Providers and AdQuad personnel, including individuals who support AdQuad’s Help Center. AdQuad reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving the Services. AdQuad may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide AdQuad with any feedback on or comments regarding the Services, you grant AdQuad the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or contact our Support Center.

Cancellation/Return Policy: AdQuad and its partners honours to deliver the best quality product and sevices for you. And its your duty to check the order items during pickup/delivery time for the quality and quantity. Products once picked/delivered will not be returned and AdQuad or its partners will not be held responsible for the same.

For cancellation of your order please email at info@adquadshop.com within six hours of order placement. Once the order has been completed or we have initiated the process of shipping by ourselves or through vendor/merchant/representative whom we appoint from time to time, the order cancellation request will not be entertained.

Refund Policy: All refund, if any, will be credited in the customer Adquad Wallet if the order is prepaid, regardless of mode of payment in first place. This can usually take upto 14 working days from receiving cancellation request, to process.

2. AdQuad Communications

By creating an AdQuad user account, you agree to accept and receive communications from AdQuad or Third Party Providers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to AdQuad. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of AdQuad, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from AdQuad by replying “STOP” from the mobile device receiving the messages.

If you use the Services to order a prescription drug product (where available), you understand and agree that user inquiries must be conducted via telephone. You also understand and agree that a third party pharmacy and/or AdQuad may send you unencrypted SMS messages, push notifications or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against AdQuad, its affliated companies, and Third Party Providers for any harm or damage arising out of or in connection with any SMS messages, push notifications and/or other electronic notifications.

3. AdQuad Delivery

AdQuadShop is a website that waives the delivery fee and reduces certain service fees for scheduled deliveries on orders over Rs500 (the "AdQuad Shopping Benefits") with each Retailer placed through the service. Delivery fee on orders below Rs500 is Rs25 and for Pickup orders is Rs7 only regardless of order amount, made through Marketplace. Deliveries made by Third Party Providers via AdQuadShop are subject to availability and their pricing. You acknowledge that your AdQuaddelivery does not entitle you to faster delivery times or priority time slots. Service fees, heavy order fees, special handling fees, taxes and/or tips may still apply. For combinations with other offers, restrictions may apply.

All billing information you provide to us must be truthful and accurate and you represent that you are authorized to use the card in the manner contemplated here. If the card you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts. If a payment is not successfully made and you do not cancel your order, we may suspend your access to the Services, including without limitation your AdQuadaccount.

From time to time, AdQuad offers some users trial or other promotional memberships to AdQuadcustomers. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion.

We may change other terms or conditions applicable to AdQuad Delivery from time to time. Any new or renewed AdQuad Delivery will be subject to the terms of service active at that time and displayed when you sign up for AdQuad services.

AdQuad reserves the right to accept, refuse, or cancel your AdQuadservice at any time in its sole discretion.

4. AdQuad Coupons

AdQuad Coupons are manufacturer’s coupons that are automatically applied to qualifying products upon purchase to help users save money on the products they love. Coupons are available for a limited time only and may be subject to certain restrictions and subject to related manufacturers’ terms. Coupons are subject to change, cancellation, or expiration at any time. If you do not purchase the qualifying items added to your cart while the coupon is still in effect, the coupon’s offer will not apply. Coupons apply only to qualifying items displaying the offer and may not be combined with other promotional offers or mail-in rebates. AdQuad is not a retailer or seller. Coupons are issued and paid by the manufacturer of the advertised product and are valid only when applied to the qualifying product. You are responsible for, and you are required to pay any applicable tax or levy of any kind related to your use of the coupon and you acknowledge that AdQuad has no obligation for payment of any such tax or levy of any kind in conjunction with the distribution or use of such coupons. When coupons are redeemed, sales tax may be charged on the undiscounted original price of the product(s). If you return any of the products purchased with a coupon, the coupon discount or value will be subtracted from the return credit. Coupons may not be sold, copied, modified, or transferred. Coupons have no cash value and may be limited to one per user unless otherwise disclosed. Coupons may not be combinable with mail-in rebates. Coupons are only good while supplies last and are void where restricted or prohibited by law.

You can find more information about AdQuad Coupons and other promos and credits on website.

5. Retailer Memberships

Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not AdQuad and separate terms and conditions provided by the Retailer apply. You also understand that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account.

6. Transactions involving Alcohol

You may have the option to order alcohol products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause AdQuad or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order alcohol products from a Retailer through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the India, upon delivery of alcohol products by the Third Party Provider, the recipient will provide valid government-issued identification which may be scanned by the Third Party Provider proving their age to the Third Party Provider delivering the alcohol products, that the recipient will not be intoxicated when receiving delivery of such products, and that alcohol has not been purchased with the intent to resell the alcohol or provide the alcohol to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the delivery of alcohol are not met, AdQuad reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order.

Users who purchase alcohol through the Services for delivery by Third Party Providers within the State of India acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD.

7. Payment Policy

AdQuad allows customers to pay for orders both online and offline payment options by using Payment Gateway Facility through third party service provider on the Marketplace, at its sole discretion.The Payment Facility shall enable automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with these Terms.

The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider’s website.
The Pay Facility shall be made available to the Buyers to make payment easier. In case wrong bank account details are used by the Buyer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us atinfo@adquadshop.com, however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments to the Merchants, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly.
You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Buyers.
While availing any of the payment method/s available on the Marketplace, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction;
Exceeding the preset limit mutually agreed by You and between "Banks";
Any payment issues arising out of the transaction; or
Decline of transaction for any other reason.

All payment transactions are subject to approval by Your issuing bank as applicable. If Your bank refuses to authorize payment, the Merchant shall have the right to cancel the Order without any further liability. Further, You agree that we/Merchants will not be held accountable for any delays caused to the delivery in cases where the payment authorization is delayed by Your bank/ financial institution.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
All payments made against the purchases/services on the Marketplace by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Marketplace shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Marketplace.
The Merchants have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments electronically or through ‘cash on delivery’ to and from other Buyers in respect of transactions through Pay Facility.
Your relationship with the Company is on a principal to principal basis and by accepting these Terms, You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Marketplace that are paid for by using the Pay Facility. The Company does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Merchant will complete a transaction.
You understand, accept and agree that the Pay Facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through ‘cash on delivery’, collection and remittance facility for the transactions on the Marketplace using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the Pay Facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that the Company acts as the Merchant's payment agent for the limited purpose of accepting payments from Buyers 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, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Marketplace.,
Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Merchant to purchase the products and /or services from the Merchant using the Pay Facility, and You shall pay the transaction price through Your issuing bank to the Merchant using Pay Facility.
You, as a Buyer, shall be entitled to claim a refund of the transaction price from the Merchant (as Your sole and exclusive remedy) in case You do not receive the delivery of the goods or services being sold by the Merchant within the time period agreed in the transaction. In case You do not raise a refund claim using the Marketplace features within the stipulated time, then this would make You ineligible for a refund.
You, as a Buyer, understand that refund may not be available in full or in part for certain category of products and/or services and/or transactions and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.
Except for ‘cash on delivery’ transactions, refund, if any, shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the third party payment gateway’s website, as chosen by You.
For ‘cash on delivery’ transactions, refunds, if any, will be made via electronic payment transfers in accordance with the policies adopted by the third party payment gateway.
Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with for processing the refund.
Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.
We may also request You for additional documents for verification.
The Company reserves the right to impose limits on the number of transactions or transaction price from an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of the User Agreement by Buyer with the Company or breach/violation of any law or any charges imposed by the issuing bank.
The Buyer and Merchant acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.

Compliance with Laws:
Buyer and Merchant shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made an Ad notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility.

Buyer's arrangement with Issuing Bank:
All valid credit / debit/ cash card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support Pay Facility to provide these services to the Users. All such online bank transfers on Pay Facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

8. Third-party Products and Content

You agree that AdQuad does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does AdQuad assume responsibility for your interactions with any Third Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that AdQuad will have no liability based on such purchase, use access, or engagement.

9. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."AdQuad DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, AdQuad MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AdQuad DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU.

AdQuad DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT AdQuad WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.

YOU AGREE THAT NEITHER AdQuad NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER AdQuad NOR ITS AFFILIATES, RETAILERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.

If you have a dispute with one or more Third Party Providers, you agree to release AdQuad (including AdQuad’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL AdQuad (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF AdQuad OR AdQuad’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AdQuad (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF AdQuad OR AdQuad’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AdQuad, ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF AMOUNT PAID BY YOU FOR THAT ORDER OR SERVICE.

11. Indemnification

You agree to defend, indemnify and hold harmless AdQuad and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your AdQuad user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.

12. Disputes & Arbitration

This Section 12 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and AdQuad that arises out of or relates to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (d) any other aspect of your relationship or transactions with AdQuad as a consumer.

Before initiating proceedings against AdQuad, you agree to contact AdQuad first and attempt to work out any such dispute amicably.

For residents of the Republic of India, you agree to the following mandatory arbitration provisions:

Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and AdQuad agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services; or (iv) any other aspect of your relationship or transactions with AdQuad as a consumer.

Notwithstanding this mandatory arbitration provision, (a) you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis, and (b) you and AdQuad each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of a party’s intellectual property rights.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms.

TRIAL BY JURY WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND AdQuad ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

CLASS, COLLECTIVE, REPRESENTATIVE ACTION WAIVER: BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT, YOU AND AdQuad ARE EACH WAIVING THE RIGHT TO BRING, JOIN, OR PARTICIPATE IN, EITHER AS A PLAINTIFF OR CLASS MEMBER, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS YOU AND AdQuad OTHERWISE AGREE IN WRITING, ANY ARBITRATION OF ANY CLAIM(S) WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU FURTHER ACKNOWLEDGE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY IN YOUR FAVOR AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY YOUR INDIVIDUAL CLAIM(S), AND ANY RELIEF AWARDED CANNOT AFFECT OTHER AdQuad USERS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. The Buyer agrees that the sole arbitrator will be appointed by the company and the buyer will not object to the appointment of the Sole Arbitrator.

The Parties agree to submit to the jurisdiction of a single arbitrator (the “Arbitrator”) selected in accordance with the Rules. The Arbitrator will decide the rights and liabilities, if any, of you and AdQuad. The Arbitrator will have the authority to award the same damages and relief on an individual basis that a judge in a court of law can award to an individual. The Arbitrator shall follow the applicable law. The Arbitrator’s decision is final and binding on you and AdQuad.

You and AdQuad agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

The arbitration will be held in the Republic of India country where you live or use the Services, or a location you and AdQuad mutually agree upon in writing. If your claim does not exceed Rs10,000, then the arbitration will be conducted solely on the basis of documents you and AdQuad submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds Rs10,000, your right to a hearing will be determined by the Rules.

The Rules will govern the payment of all filing, administrative or arbitrator fees (“Arbitration Fees”) and each party will be responsible for their own Arbitration Fees under those Rules or to the maximum extent permitted by law.

13. Termination

You can stop using the Services at any time and without notice to us. Similarly, AdQuad may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-20 survive and continue to apply to you.

14. Controlling Law

To the extent permitted by applicable law, these Terms will be subject to exclusive jurisdiction of competent Courts of law at Ludhiana (Punjab) only.The laws of Republic of India, as are in force, shall be applicable to present agreement, without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 12 of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 12 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of Ludhiana, Punjab, India, for the residents of the India, and the courts of competent jurisdiction in the Courts of Ludhiana, and you and AdQuad consent to the personal jurisdiction of those courts.

15. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with AdQuad, shall constitute the entire agreement between you and AdQuad with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

16. No Waiver

AdQuad’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

17. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. AdQuad may assign its rights, licenses, and obligations under these Terms without limitation.

18. Changes to the Terms

We may make changes to these Terms from time to time. When AdQuad does so, AdQuad will post the most current version of the Terms on AdQuad’s website/app and, if a revision to the Terms is material, AdQuad will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

19. Copyright and Trademark Policy

AdQuad respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. AdQuad will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at AdQuad’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.

If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to AdQuad’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which AdQuad may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. All legal notices and demands shall be made in writing and sent to Adquad personally, by courier, certified email or fascimail to the following entity and address: 22 Sant Isher Singh Nagar Pakhowal Road, Ludhiana 141001, Punjab Attn: Legal Depatment. When the notices are received by AdQuad in any of above-mentioned manner they shall be effective. If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to AdQuad's designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).

20. Grieveance Rederessal

If you send any grievance, regarding AdQuad or its services, including those pertaining to Breach of the Terms of Use or any policies by sending an email to:

Email Address: info@adquadshop.com Attn: Grieveance Ofiicer

To update account details or any info you have given, you can do it on website itself. Or you can for customer service inquiries,, visit AdQuad’s Help Center via info@adquadshop.com