Terms and Conditions
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Evolutecq.com website www.evolutecq.com (hereinafter referred to as “evolutecq.com.”) and tools are governed by the following terms and conditions as applicable to Evolutecq.com. If you transact on Evolutecq.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with EvolutecQ Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 2004 and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Evolutecq.com, You agree and understand that You are communicating with Evolutecq.com through electronic records and You consent to receive communications via electronic records from Evolutecq.com periodically and as and when required. Evolutecq.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Evolutecq.com is free. Evolutecq.com does not charge any fee for browsing and buying on Evolutecq.com. However, Evolutecq.com reserves the right to charge a fee and change its policies from time to time. In particular, Evolutecq.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Evolutecq.com. In such an event Evolutecq.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Evolutecq.com. Unless otherwise stated, all fees shall be quoted in US Dollars. You shall be solely responsible for compliance of all applicable laws including those in making payments to Evolutecq.com.
Use of Evolutecq.com Website
You agree, undertake and confirm that your use of Evolutecq.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right
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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Solicits gambling or engages in any gambling activity which EvolutecQ, in its sole discretion, believes is or could be construed as being illegal;
Interferes with another user’s use and enjoyment of Evolutecq.com Website or any other individual’s user and enjoyment of similar services;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
Violates any law for the time being in force;
Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. EvolutecQ reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Evolutecq.com website, or any other systems or networks connected to Evolutecq.com Website or to any EvolutecQ’s server, computer, network, or to any of the services offered on or through Evolutecq.com Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of EvolutecQ website or any network connected to the EvolutecQ website nor breach the security or authentication measures on Evolutecq.com website or any network connected to Evolutecq.com Website. You may not reverse lookup, trace or seek to trace any information on any other user of or visitor to Evolutecq.com Website, or any other customer of evolutecq.com, including any Evolutecq.com account not owned by you, to its source, or exploit evolutecq.com Website or any service or information made available or offered by or through evolutecq.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by evolutecq.com Website.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Evolutecq.com Website, or any other customer of Evolutecq.com, including any Evolutecq.com account not owned by you, to its source, or exploit Evolutecq.com Website or any service or information made available or offered by or through Evolutecq.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Evolutecq.com Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Evolutecq.com Website or EvolutecQ’s systems or networks, or any systems or networks connected to Evolutecq.com.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Evolutecq.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
You shall not lift (i.e. copy and paste) images of products you want to sell on Evolutecq.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify EvolutecQ of any third party claim thereon.
You understand that EvolutecQ has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Evolutecq.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Evolutecq.com WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Evolutecq.com. In no event shall EvolutecQ assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Evolutecq.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Evolutecq.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. EvolutecQ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Evolutecq.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Evolutecq.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Evolutecq.com, and that the recipient may use such information to harass or injure you. EvolutecQ does not approve of such unauthorized uses but by using the Evolutecq.com Website you acknowledge and agree that EvolutecQ will not be responsible for the use of any personal information that you publicly disclose or share with others on Evolutecq.com. Carefully select the type of information that you publicly disclose or share with others on Evolutecq.com.
EvolutecQ shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Evolutecq.com is owned, controlled or licensed by or to EvolutecQ Online Shopping Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Evolutecq.com products and services purposely made available by Evolutecq.com for downloading from the Site, provided that you
Do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
Make no modifications to any such information, and not make any additional representations or warranties relating to such documents.
EvolutecQ does not take responsibility or liability for the actions, products, content and services on Evolutecq.com website, which are linked to Affiliates and / or third party websites using Evolutecq.com APIs or otherwise. In addition, Evolutecq.com may provide links to the third party websites of affiliated companies and certain other businesses for which, EvolutecQ assumes no responsibility for examining or evaluating the products and services offered by them, and EvolutecQ does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Evolutecq.com does not in any way endorse any third party website(s) or content thereof.
Evolutecq.com welcomes links to this site. You may establish a hypertext link to Evolutecq.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Evolutecq.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Evolutecq.com, including any logos or characters, without the express written consent of Evolutecq.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Evolutecq.com website without EvolutecQ’s prior written consent.
Information submitted may be made available to EvolutecQ partners who can in turn use it for verification purposes
You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer of Warranties and Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Evolutecq.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Evolutecq.com does not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or nonmisleading.
EvolutecQ will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Evolutecq.com website.
EvolutecQ does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Evolutecq.com website; their servers; or electronic communication sent from Evolutecq.com are free of viruses or other harmful components.
Nothing on Evolutecq.com constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while placing an order on evolutecq.com. By registering your phone number with us, you consent to be contacted by EvolutecQ via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. EvolutecQ will not use your personal information to initiate any promotional phone calls or SMS’.
While availing any of the payment method(s) offered at Evolutecq.com, EvolutecQ 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/s, or
Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason.
All payments made against the purchases/services on evolutecq.com by you shall be compulsorily in US Dollars. EvolutecQ does not accept any other form of currency with respect to the purchases made on evolutecq.com.
The Wallet (“Wallet”) is a pre-paid payment instrument which is associated with your evolutecq.com account. You can maintain a balance of money with Evolutecq.com and redeem it at your convenience.
Evolutecq.com will not pay any interest on the amount maintained by you in your Wallet.
Refund of Wallet Amount: Your wallet comprises of three types of balances – Store credit (which is a credit granted by Evolutecq.com typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that you added to wallet to pay for future orders on Evolutecq.com) and Promotional balance (which is credit granted by Evolutecq.com purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable While Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Evolutecq.com be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
Without limiting other remedies, Evolutecq.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Evolutecq.com website in the event, but not limited to:
If Evolutecq.com is unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other Users or Evolutecq.com.
Evolutecq.com may at any time at its sole discretion reinstate suspended Users.
Trademark, Copyright and Restriction
This site is controlled and operated by EvolutecQ Online Shopping Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Evolutecq.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at EvolutecQ respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org
Risk of loss
All items purchased from Evolutecq.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with EvolutecQ until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Product and Service Description
Evolutecq.com tries to be as accurate as possible. However, Evolutecq.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Evolutecq.com itself is not as described, your sole remedy is to return it in unused condition.
If Evolutecq.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Evolutecq.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Cancellation of order
Evolutecq.com reserves the right to cancel any order without any explanation for doing so, under situation where Evolutecq.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Evolutecq.com policy or for any reason. However, Evolutecq.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Termination of Service
Evolutecq.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Evolutecq.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
Limitation of Liability
IN NO EVENT SHALL Evolutecq.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Evolutecq.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
EVOLUTEC’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT THE COMPANY’S SOLE DISCRETION.
TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES AND; TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES
This section of our terms and conditions covers:
Section A: “TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A -TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES
The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Evolutecq.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Evolutecq.com by giving the customers the opportunity to purchase same via Vouchers on Evolutecq.com.
Every Voucher purchased by a customer on Evolutecq.com will clearly have printed on it the number of times it can be redeemed. Please note that this is pre-determined by the Merchant and Restaurant.
Note the following:
The above certificate might not be eligible for alcoholic beverages unless the Eatery expressly permits same, taking into cognizance all restrictions on alcohol as stipulated by the governing law.
These Gift Certificates must not be used for tips, taxes, prior balances etc. unless the Resturant/Merchant expressly permits the same. The Merchant or Restaurant will not be responsible for lost, stolen certificates or their reference numbers.
Gift Certificates may only be used as stipulated on the coupon (i.e. “Dine in Only” or “Take-away”)
All Gift Certificates are void to the extent prohibited by law.
The Eatery is at liberty to determine whether Vouchers purchased here in can be used in conjunction with any other gift certificate, coupons etc.
No one has the right to purchase from the Evolutecq.com platform and resell same to individuals.
In the event a Customer decides to redeem his Eatery Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.
All Evolutecq.com offers are governed by the validity dates specified on the Vouchers.
As earlier stated all vouchers for eateries may have statutory limitations on the amount of the voucher value which can be used to redeem alcohol. All Merchants must therefore comply with same.
A Merchant must have complied with all statutory requirements before enlisting their vouchers for purchase on Evolutecq.com. Evolutecq.com will not be held responsible for lack of compliance on the part of the Merchant.
All EvolutecQ offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.
SECTION B -TERMS AND CONDITIONS FOR NON-EATERIES MERCHANTS GIFT CERTIFICATES
Please note the following:
Only one certificate may be used per order, except this is expressly stated otherwise by the Merchant.
All Merchant Gift Certificate purchased on Evolutecq.com strictly apply to products found thereon, this will therefore not suffice for shipping fees.
The Merchant is at liberty to offer credit if he wishes unless otherwise required by law.
In the event a customer misplaces (i.e. whether stolen or lost) his or her voucher, or reference number neither the Merchant nor EvolutecQ will be held responsible for same.
No one has the right to purchase from the Evolutecq.com platform and resell same to individuals.
In the event a Customer decides to redeem his Gift Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.
All Gift Certificates are void to the extent prohibited by law.
Gift Certificates cannot be combined with any other gift certificates, including but not limited to coupons, promotions, third party certificates etc., unless otherwise expressly specified by Merchant.
All EvolutecQ offers (including but not limited to discounts), upon expiration of the date specified in the offer becomes invalid.
Other Terms and Conditions
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on evolutecq.com in order to conduct transactions, including but not limited to;
Merchants who sell Goods on Evolutecq.com
Merchants who offer Services on Evolutecq.com
Firms/Organizations who choose to advertise on EvolutecQ’s website (i.e. Advertisers, either on a trade by barter basis with EvolutecQ or on a strictly Advertisement service level) are hereby governed by the Terms and Conditions here in.
ADVERTISING -Advertising Services offered by Evolutecq.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Evolutecq.com via different means (i.e. SMS messages or emails).
VOUCHERS- All vouchers purchased and thereafter printed from the Evolutecq.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.
In light of the above they are subject to all Terms and Conditions of EvolutecQ Online Shopping Limited as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Evolutecq.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Evolutecq.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Evolutecq.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not EvolutecQ. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally.
Please note that all your purchases are either directly from Evolutecq.com if the item is “Sold by EvolutecQ”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by EvolutecQ are redeemable from EvolutecQ.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to email@example.com.
Merchant Service Agreement
In consideration of the mutual covenants set forth in this Agreement, Seller and EvolutecQ (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
Delivery of Services
EvolutecQ will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
– Online storefront tailored to the Seller with payment gateway and escrow service at Evolutecq.com;
– Access to SellerHQ and other account management systems;
– Access to a dedicated account officer and other account management services;
– Access to logistics partners;
– Provision of analytics;
EvolutecQ may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.
EvolutecQ reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
The Seller agrees to use reasonable diligence in providing EvolutecQ with genuine products, up-to-date product quantity information and accurate product information.
For all of the Services provided by EvolutecQ under this Agreement, the Seller shall compensate EvolutecQ, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the EvolutecQ website.
The Seller and EvolutecQ acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of EvolutecQ. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without EvolutecQ’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
EvolutecQ shall be deemed as an independent contractor. EvolutecQ will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on EvolutecQ’s behalf. EvolutecQ is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. EvolutecQ understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. EvolutecQ reserves the right to alter these terms and conditions at any point without notice, by updating the content on the EvolutecQ website.
Term & Termination
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
EvolutecQ has the right to evict the Seller from EvolutecQ if any, or a combination, of the following breaches are committed:
– Fails to make a product that has been sold on EvolutecQ Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
– Provides fake, inferior or substandard products that have been sold as genuine;
– Provides used, refurbished or damaged products that has been sold as new or unused;
– Lists and sells products that have not been authorized for sale by the appropriate regulatory body
– Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
– Engages in any activity which would be considered illegal under law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings EvolutecQ, or any of EvolutecQ’s partners or other mall vendors into disrepute.
EvolutecQ reserves the right to alter these QOS rules at any time, and in the event of any changes EvolutecQ will inform the Seller by publishing the same on EvolutecQ’s website. EvolutecQ will send a formal warning to the Seller after each incident.
Policy on Counterfeit, Refurbished and Unauthorized Products on EvolutecQ Mall
EvolutecQ is committed to delivering stellar services to its customers at all times, and we strive to ensure that all products sold via the EvolutecQ Mall and shipped to our buyers are held to the same high quality standards. EvolutecQ Mall has zero tolerance for counterfeit products, therefore any store that sells unoriginal, fake/replica, refurbished or unauthorized items on EvolutecQ will be automatically suspended and the authenticity of the products will be investigated. If the merchant is then proven to sell these items, the store will be permanently prohibited from selling on EvolutecQ Mall. This policy excludes official replica items produced and sold by authorized brands and organizations.
Restrictions and Prohibitions
– All product descriptions must be true, accurate and non-misleading.
– Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
– Sellers must not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; EvolutecQ will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
– Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti- discrimination or false advertising).
– Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
– No display of images containing pornography is permitted.
– You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
– Sellers must not incur liability for EvolutecQ and its subcontractors or expose them to undue risk or otherwise engage in activities that EvolutecQ, in its sole discretion, determines to be harmful to EvolutecQ’s affiliates, operations, reputation, or goodwill.
EvolutecQ is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
The Parties agree that they shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.