Terms & Conditions

Last updated Date : 15th JUNE, 2022

TERMS AND CONDITIONS OF SALE

THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THROUGHOUT THESE TERMS, “YOU” AND “YOUR” REFERS, AS APPLICABLE, TO

(1) THE INDIVIDUAL THAT PLACES AN ORDER FOR PRODUCTS OR SERVICES OFFERED FOR PURCHASE THROUGH https://poqet.in/ (“WEBSITE / SITE”), FOR THEIR PERSONAL USE OR

(2) THE COMPANY OR ORGANIZATION ON WHOSE BEHALF AN INDIVIDUAL PLACES AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE. INDIVIDUALS THAT PLACE AN ORDER THROUGH THIS WEBSITE ARE REQUIRED TO:

(A) AFFIRM THAT THEY ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT,

(B) ACCEPT THESE TERMS AND CONDITIONS WITHOUT MODIFICATION AND

(C) IF APPLICABLE, AFFIRM THAT THEY HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION OR COMPANY NAMED WHEN PLACING AN ORDER TO PURCHASE PRODUCTS OR SERVICES THROUGH THIS WEBSITE.

BY MAKING A PURCHASE ON THE WEBSITE YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF, AS APPLICABLE, YOU:

(A) ARE NOT AUTHORIZED TO CONTRACTUALLY BIND THE ORGANIZATION OR COMPANY NAMED ON THE ORDER CONFIRMATION EMAIL (DEFINED BELOW);

(B) DO NOT AGREE TO THESE TERMS WITHOUT MODIFICATION;

(D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW, OR (E) ARE PROHIBITED FROM FORMING LEGALLY BINDING CONTRACTS UNDER THE INDIAN CONTRACT ACT, 1872 AND ANY OTHER APPLICABLE LAW FOR THIS PURPOSE.

ALL OF OUR TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION.

ANY CHANGES TO THE TERMS WILL BE IN EFFECT AS OF THE "LAST UPDATED DATE" REFERENCED ON THE SITE. YOU SHOULD REVIEW THESE TERMS PRIOR TO PURCHASING ANY SERVICES, AND PERIODICALLY THEREAFTER. YOUR CONTINUED USE OF A SERVICE AFTER THE "LAST UPDATED DATE" WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO CHANGES TO THESE TERMS THROUGH THE LAST UPDATED DATE.

These terms and conditions, together with any service-specific terms (“Service-Specific Terms”) referenced in the Order Confirmation Email (defined below, and collectively with these terms and conditions and the Service-Specific Terms, these "Terms") apply to the purchase and sale of services (collectively, “Services” as defined more fully hereinafter) through the Website from Poqet (As defined hereinafter). The effective date of these Terms (“Effective Date”) shall be the applicable date referenced on the Order Confirmation Email that names you as the purchaser or subscriber or licensee of the Services named therein.

Service-Specific Terms include but are not limited to Website Terms of Use (As defined hereinafter), privacy policies and cookie policies for the Website and equivalent Poqet mobile application, if any that individual users can download from third party mobile application distribution platforms (i.e. Apple App Store or Google Play Store), as the same may be modified from time to time. Conflicts or inconsistencies between these Terms and Service Specific Terms shall be interpreted, by the following order of precedence with respect to their subject matter: (i) the Order Confirmation Email, (ii) these Terms, and (iii) any Service-Specific Terms not included in these Terms.

1. DEFINITIONS

In these Terms and Conditions:

Business Day means a day other than a Saturday, Sunday or public holiday in the Bengaluru, State of Karnataka, India, when banks in Bengaluru are open for business.
Account shall have the same meaning as ascribed to it in Section 6.4 hereof.
Buyer or “You” means the person who has ordered Products or Services from Poqet.
Contract means this contract as defined under Section 4 hereinafter.
Deliverables means all documents, products and materials developed by Poqet or its agents, contractors and employees as part of or in relation to the Services in any form or media, including drawings, maps, plans, diagrams, designs, pictures, videos, computer programs, data, specifications and reports (including drafts).
Poqet or “We” or “Our” or “Us” means MyPoqet Technologies Private Limited, a company incorporated under the Companies Act, 2013 [CIN: U72900KA2019PTC123138] and having its registered office at -106, Parimala Sunridge Apartments, Siddapura, Whitefield main road, Bangalore – 560066, Karnataka, India and includes its successors, holding company, subsidiaries, affiliates, employees, officers, directors, agents, subcontractors.
Privacy Policy means Poqet’s privacy policy or statement including any modifications, substitutions or amendments thereto as made from time to time as published on Website pursuant to the provisions of the Information Technology Act, 2000 and applicable rules made thereunder.
Services means any service(s) agreed to be supplied by Poqet to you pursuant to Contract, including any Deliverables, Poqet’s catalogue as published on Website or otherwise.
Software means any firmware, software, data compilations, object code, source code, software programs, algorithms, applications, scripts, and instruction sets including upgrades and updates to such software including mobile applications and any related documentation whether used in the Website or otherwise, owned and/or licensed to Poqet and includes any third party software used by Poqet under licence and permission of such third parties.
Website means https://poqet.in/
Website Terms of Use means the terms of use of Website including any modification(s) or substitutions or amendments thereto.

2.PRICES AND PAYMENT

Prices of our Service(s) are exclusive of all applicable taxes including goods and service tax, duties and cesses and any other indirect taxes of whatsoever nature that may be applicable unless otherwise expressly stated.
In relation to any Service(s) excluding such Services as specified in Section 2.3 hereinafter, payments for such Services are to be made by you upfront on making a purchase on Website.
In relation to any Service(s) that are offered by Poqet that are of bespoke nature and includes any customisation(s) in the Service(s) basis your specification(s), the price shall be as specified in the price quotation as transmitted to you by Poqet to your email credentials and on receipt of your confirmation thereof an Order Confirmation Email shall be sent by Poqet to your email credentials, the price for the Service(s) as specified in the said Order Confirmation Email shall be final and binding upon you.
You may make payments for purchase of Services either through Net Banking, Credit Card, Debit Card, Unified Payments Interface, payment wallets or through any other mode as made available by Poqet on Website.
An Order Confirmation Email transmitted to your registered email credentials including the invoice shall constitute sufficient confirmation from Poqet of receipt of your payment towards the Services forming part of your order.
Prices posted on this Website or reflected in an Order Confirmation Email may be different than prices offered by us on a third party websites and / or mobile application distribution platform. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Service will be the price in effect at the time the order is placed and will be set out in your Order Confirmation Email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (if applicable). All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation Email. While we strive to display accurate price information, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a valid promotion and these Terms, the promotion terms will govern.

3. ORDER ACCEPTANCE

You agree that your order is an offer to buy the Services listed in your order, and your acceptance without modification of these Terms. All orders must be accepted by us. We will not be obligated to sell Services to you if you condition our acceptance of your order on our agreement to modify these Terms. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number, details of the items you have ordered and links to the Service-Specific Terms in effect as of the order date (the “Order Confirmation Email”).

4. LEGALLY BINDING CONTRACT

The Buyer is a person who can form legally binding contracts under the Indian Contract Act, 1872 and any other applicable law for this purpose and is at least 18 (eighteen) years of age, not of unsound mind and has not otherwise been disqualified by law to contract.
Your contract is between you and us and is non-transferable and non-assignable.

5. ELECTRONIC DELIVERY; TITLE AND RISK OF LOSS

Poqet will use commercially reasonable efforts to avoid delay in delivery of Services within such time as may be expressly communicated to the Buyer. Failure to deliver by the specified date will not be cause for (i) penalties, (ii) cancellation of an order, or (iii) termination of the Contract. In addition, where delivery of any Services requires any license or other authorization before shipment under any applicable law, Poqet shall not be responsible for any delay in delivery due to delay in, or refusal of, such license or authorization.
We will arrange for delivery of the Services to you, which may be electronic. Please check the individual service page for specific delivery options and the Order Confirmation Email for additional instructions. You will pay all shipping and handling charges specified during the ordering process (if applicable). Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our making the Service available for download (for example, by our confirming that we have completed authorization for the Account credentials and / or email account credentials that you specify), or transfer thereof by the carrier/delivery (if applicable). Any shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or ability to download.

6. ACCOUNT; PRIVACY; USE OF PERSONAL INFORMATION AND DATA

Your personal information including sensitive personal data or information will be treated in accordance with our Privacy Policy. We advise you to carefully read our Privacy Policy. ON YOUR PURCHASE OF ANY SERVICES FROM US, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. THE SAID TERMS AND CONDITIONS OF OUR PRIVACY POLICY ARE HEREBY INCORPORATED BY REFERENCE.
Any Sensitive personal data or information as defined pursuant to applicable provisions of the Information Technology Act, 2000 read with Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI”) is created, received, maintained, transmitted or otherwise accessed by Poqet, it will only use and disclose the SPDI as permitted by law and by contract executed with such parties.
Poqet and its subcontractors may collect, prepare derivatives from and otherwise use non‐SPDI data related to Services for such things as training, demonstration, research, development, benchmarking, continuous improvement, and facilitating the provision of its products, software and services. Poqet will own all intellectual property and other rights that could result from this collection, preparation and use. The non‐SPDI data in a deidentified form may be used by Poqet in accordance with the provisions of prevailing law.
If you choose to create an account (“Account”), you represent and warrant to us that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Web Site (or any portion thereof). When you set up an Account, you are required to select a User ID (which may be an email address) and a password. You may not transfer or share your User ID and password with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.

7. CANCELLATIONS AND REFUNDS

CANCELLATIONS

Cancellations of any order made by Buyer shall only be permissible if made prior to receipt by Buyer of an Order Confirmation Email.
All cancellation requests shall be made to Poqet on the email specified in Section 20 hereof or in any other manner as specified by Poqet on its Website or otherwise.
Poqet may at its sole discretion refuse any cancellation request, without citing any reason.

REFUNDS

On confirmation by Poqet of any cancellation of request made by you, a full refund for the said Service(s) subject to such deductions under applicable law and as determined by Poqet (only if the Services / Deliverables are of bespoke nature and include any customisation(s) basis your specification(s)) shall be made in the manner as communicated to you by us or as may be specified on Website including issue of refunds to your original payment method or as a credit to the Poqet wallet.
Poqet shall endeavour to process refunds pursuant to Section 7.2.1 hereof within 15 (fifteen) days of confirmation by Poqet thereof on email or otherwise.
Subject to Section 7.2.1, in case the original payment method is Cash on Delivery, refund may be issued through the National Electronic Funds Transfer(“NEFT”) system to your designated bank account in India or as a credit to the Poqet wallet.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members at our sole and absolute discretion or if otherwise required by law.

8. CHANGES TO SERVICE(S) SPECIFICATIONS

In relation to any Service(s) that are offered by Poqet without any customisation in the Deliverables and are available for purchase from the Website, Poqet solely reserves the absolute right, without prior written notice to Buyer, to make any change in the specification of such Service(s) which does not materially affect the performance, use, or price under the Contract.
Wherever the Services provided by Poqet is of bespoke nature or is / are customised from specification(s) received from you, Poqet shall effect any changes to the Deliverables or Service int eh following manner:
1. on receipt of a prior written notice from you, to make any change(s) in the specification of Service(s) under the Contract and on confirmation by Poqet to the change(s) requested by you in such written notice;
2. on receipt of your written acceptance to any written notice from Poqet, to any material changes in the specification of Service(s) under the Contract.

9. RESTRICTED USE AND COMPLIANCE

Use restrictions are a condition to the purchase of certain Service(s) hereunder. Buyer agrees to strictly comply with all such restrictions as may be set forth in the Contract, Poqet’s catalogue or Website, in any documentation or label or otherwise provided in writing to Buyer, as well as with any applicable regulatory requirements.
Buyer shall not use or permit the Services to be used in any manner that does not comply with all applicable laws. Any warranty granted by Poqet with respect to the Services shall be deemed void if any Service covered by such warranty is used for any purpose not permitted hereunder or otherwise in violation of any use restrictions referred to in this Section.
You hereby agree not to:
1. use the Services or access to any of them to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity, or express or imply that We endorse any statement that You make;
2. interfere with or disrupt the operation of the Website and/or the Services;
3. transmit or otherwise make available in connection with the Website and/or the Services or access to them any form of malware including without limitation any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any website, service, hardware, software, or equipment;
4. restrict or inhibit Our ability or that of any other person to access or use the Website and/or the Services;
5. use or access the Services for any commercial purposes other than with the prior consent of Poqet received in writing solely for the purposes;
6. display, circulate, publish, retransmit, redistribute, reproduce, duplicate, copy, sell, resell or otherwise exploit, or provide any kind of access to all or any part of the Services and/or any Service results outside Your conveyancing firm or law firm by any means or medium now or hereafter created;
7. modify, adapt or translate any portion of the Website, the Services and/or the Service results; remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website or the Service results;
8. create a database by systematically downloading and storing the Service results; and/or use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather or reproduce the Website or the Services or the Service results or circumvent the navigational structure or presentation of the Website and the Service.

10. WARRANTIES AND DISCLAIMERS

OTHER THAN EXPRESSLY STATED HEREIN OR REQUIRED BY LAW, ALL SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM, AND YOU ACKNOWLEDGE, THAT THE SERVICES THROUGH POQET ARE NOT GUARANTEED TO BE EXACT, COMPLETE, ACCURATE OR FREE FROM ERRORS AND/OR OMMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR RELYING UPON THE INFORMATION YOU RECEIVE FROM OUR PRODUCTS OR SERVICES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability. NEITHER POQET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, LOSS OF DATA, PRIVACY OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE POQET‘S OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POQET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY PRODUCT DELIVERED TO POQET BY YOU FOR SUPPLY OF THE SERVICES HEREIN SHALL BE AT YOUR OWN RISK AND POQET SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE TO OR FAILURE TO RETURN ANY PRODUCT PROVIDED BY YOU TO POQET FOR SUPPLY OF THE SERVICES UNDER THESE TERMS.
POQET'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE SHALL NOT EXCEED, THE EXTENT PERMITTED BY APPLICABLE LAW OR AN AMOUNT EQUAL TO THE PRICE PAID TO POQET FOR SUCH SERVICE UNDER THE CONTRACT.
The limitation of liability set forth above shall only apply to the extent permitted by applicable law.

11. SOFTWARE

This Contract does not provide you any rights, title, or interest in Software. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license or reverse engineer the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing any Software and we may terminate your right to use any Software at any time.
All Software used in Website or otherwise is the property of Poqet and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

12. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights to any Deliverables shall remain solely and absolutely vested with Poqet.
Subject to Section 12.1, the Buyer agrees that for any Service excluding such Services as set out in Section 12.2 hereinafter, all intellectual property rights registered or unregistered in the Services including but not limited to trade names, trademarks, domain names, copyrights, patents and all other intellectual property rights related to the Services are and shall always remain the exclusive property of Poqet and/or its licensors.
Subject to Section 12.1, any Service supplied by Poqet pursuant to this Contract to you which are of bespoke nature or is / are customised from specification(s) received from you and in relation to which Poqet has received the full payment of the price thereof, the intellectual property rights in such Service shall vest with you.
Poqet warrants that wherever any intellectual property rights of any third party / parties is / are applied in the Services, Poqet has secured all requisite permissions, licenses of such third party / parties to use such intellectual property rights in its Services. All such third-party intellectual property rights contained in the Services shall remain absolutely vested in their respective rightful owner(s).

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

Either Party shall defend, indemnify, and hold harmless the other from and against any and all damages incurred or suffered by such indemnified Party arising, directly or indirectly, from any third party claims related to: (i) the breach by the indemnifying Party of any of its covenants, agreements, representations, warranties or other obligations in the Contract; or (ii) fraud, gross negligence or intentional misconduct by the indemnifying Party or its representatives in connection with the Contract.
IN NO EVENT SHALL POQET BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND HOWEVER CAUSED (INCLUDING FAULT OR NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR THE CONTRACT, INCLUDING THE SALE, USE OR INABILITY TO USE ANY SERVICE, INCLUDING WITHOUT LIMITATION, DATA LOSS, LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION.

14. CONFIDENTIALITY

Each Party will treat the other Party's proprietary information disclosed hereunder as confidential and will not use or disclose it to any third parties unless (a) permitted under the Contract, (b) mutually agreed upon by the Parties, or (c) required by law.

15. DISPUTES AND GOVERNING LAW

The Contract shall be governed by and construed in accordance with the laws as prevailing in The Republic of India and the Parties hereby submit to the exclusive jurisdiction of the courts in Bengaluru, State of Karnataka, India.

16. ASSIGNMENT AND SUBCONTRACTING

Neither Party may assign, delegate or otherwise transfer its rights and obligations in whole or part, or any right, remedy, obligation or liability arising hereunder or by reason hereof, except without the prior written consent of the other Party hereto. Notwithstanding, Poqet may assign its rights and obligations without Buyer’s consent to (i) one or more of its affiliates; or (ii) to a successor to, or buyer of that portion of its business to which the Services pertains. Poqet may sub‐contract any part of its rights and obligations to an affiliate or third party as determined by Poqet.

17. ENTIRE AGREEMENT

Unless otherwise specified herein, the Contract represents the entire agreement between the Parties and shall supersede in entirety all prior agreements concerning the subject matter hereof, and no modification, amendment, revision, waiver, or other change shall be binding on either Party unless consented to in writing by the Party's authorized representative. Any oral or written representation, warranty, course of dealing, or trade usage not contained or referenced herein shall not be binding on either Party.

18. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

19. NO THIRD-PARTY BENEFICIARIES

The Contract is entered solely by and between, and may be enforced only by, the Parties hereto (and their respective permitted successors and assigns) and, except to the extent expressly provided for herein, is not intended to confer on any other person any rights, remedies, obligations or liabilities under or by reason of the Contract.

20. NOTICES

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address that receives an order confirmation email; (ii) sending a message to a current email address that we have acknowledged receiving from you; or (iii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices posted to the Website will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered mail or speed post to the addresses given above or on email at <<kiran@poqet.in>>. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by registered mail will be effective on receipt by Us.

21. RELATIONSHIP

The relationship of the Parties hereunder is that of independent contractors. Nothing in the Contract shall be deemed to create a partnership, joint venture or similar relationship between the Parties, and no Party shall be deemed to be the agent of the other Party.

22. SEVERABILITY

If any provision of the Contract or the application thereof in any particular circumstance, is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of the Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

23. WAIVER

Failure by either Party hereto to enforce any rights under the Contract shall not be construed as a waiver of such rights nor shall a waiver by either Party hereto in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.