Welcome to http://www.quiksilver.in (the "Website"). The Website is owned by Quiksilver Inc. and operated by Reliance Brands Limited (hereinafter referred to as "we," "us" and "our").
By using the Website you represent that you are at least 13 years old. Our website is not directed to children under the age of 13. Children under the age of 13 are prohibited from registering with the Website. If we become aware that a child and/ or customer is under the age of 13 and has registered, we are entitled to remove his or her account from our system.
We reserve the right to make changes to this Website without prior notice. When we make changes, we will post the modified agreement in the Website. Your use of the Website following any such modification constitutes your agreement to the terms of the modified agreement. You should visit this page periodically to learn of any changes to this Agreement.
We offer this Website, including all information, tools and services available on this Website to enable our online visitors to be fully informed of our Privacy Policies.
Quiksilver, Roxy, DC Shoes, Moskova and other trademarks, service marks, trade names, and trade dress used on our Website comprises registered and unregistered trademarks of Quiksilver and / or its affiliates, licensors and licensees. The use of the Website and its content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property and material rights relating to the Content (defined hereinafter). 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 the Website are our property or the property of Quiksilver and / or its affiliates, licensors and licensees, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed or used in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You further agree and acknowledge that you shall not acquire any ownership or other rights in any material on the website including by downloading material from it.
You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and read product reviews, and check offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and create a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account, unauthorised or otherwise. We will not be liable for any losses caused by any unauthorized use of your account. We reserve the right to refuse registration or terminate a user account at any time in our sole discretion.
We welcome your comments and feedback regarding this Website and our products. In addition, in some places the Website enables you to post comments and product reviews which may be viewed by other users. Please note that all of your comments, feedback, ideas, suggestions, photographs and other materials ("Submission") that are uploaded on the website or are disclosed or made through this Website shall become and remain our property. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your Submission. Your making of any such Submission shall constitute an irrevocable assignment to us of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Submission. As such we will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction, permission and without compensating you in any way. For this reason, we ask that you not send us any Submission which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions"). You acknowledge that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You acknowledge that you are responsible for any Submission you may make via the site, including the legality, reliability, appropriateness, originality and copyright of any such Submission. You shall not upload, distribute or otherwise publish through this site any content that (i) is false, fraudulent, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You shall not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website. You agree to indemnify us for all losses arising from or in connection with any third party claims to any rights in any Submission.
- THIRD-PARTY AND CO-BRANDED WEBSITES
The Website may contain hyperlinks ("links") to websites operated by third party ("third-party Websites" or "co-branded Websites"). We provide such links for your reference and convenience only. A link from the Website to a third-party or co-branded Website does not mean or imply that we endorse the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. We are not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party or co-branded website, any merchant or operator of a third-party or co-branded website, or any other person with whom you engage in any transaction. You agree to indemnify us for all losses relating to your use of any third party or co-branded website.
- YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us. As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide on the Website must be accurate, complete, and current from time to time.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
- SWEEPSTAKES, AND CONTESTS, AND SIMILAR PROMOTIONS
All orders are subject to acceptance and availability of products. Items in your shopping cart are not reserved and may be purchased by other customers. Every order you place through this Website will be deemed your offer to purchase our products. We may accept your offer either through an e-mail confirmation or through shipment of the items you requested. Our acceptance of each offer as specified is expressly subject to and conditional on your acceptance and adherence to these terms and conditions in this Agreement. We reserve the right to cancel any order at our sole discretion, even after acceptance, under a situation where we are not able to meet the requirement of the order placed or your order does not comply with our policy or for any other reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased. You shall not purchase any item from this Website for resale by you or any other person. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been accepted and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount charged. All prices on this site are inclusive of taxes and are subject to change without notice. Prices stated at the time the order is placed apply.
Any special offers, promotional deals and money-off vouchers (hereinafter the "Discounts") shall only be valid during the period of validity of each offer and subject to availability of the goods involved. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to you.
Discounts may only be used by you when they are granted and shall not be transferable to third parties. They shall be subtracted from the value of your order including tax but excluding the costs of shipping and delivering the order. Unless otherwise mentioned in a specific Discount offer, you shall be barred from using several Discounts cumulatively when placing a given order.
- CANCELLATIONS BY THE CUSTOMER
Cancellation will be accepted by us only if we receive a cancellation notice either on the website, or via e-mail or through our customer service telephone. Upon acceptance of cancellation, the entire bill amount will be transferred to store credit or will be refunded. Orders that have already been processed will not be cancelled. We hold the full right to decide whether an order has been processed or not.
- ILLEGAL /DECLINED TRANSACTIONS
We may constantly monitor the user's account in order to avoid unauthorised and illegal accounts and transactions. Users with more than one account or availing unauthorised referral vouchers shall be liable for legal actions and we reserve the right to recover the cost of goods, collection charges and lawyers` fees from such persons. We reserve the right to initiate legal proceedings against such persons for any unauthorised, illegal use of this Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any unauthorized, illegal or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
- CREDIT CARD DETAILS
You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website. The said information will not be utilized and shared by us knowingly with any other person or entity unless required for processing the card transaction or for verifications or by law, regulation or court order. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
THE WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL WE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO US THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS
We take commercially reasonable care to make our Website secure. On this basis and subject to the other terms of this Agreement (i) we protect your online order and registration information and other information by using Secure Sockets Layer (SSL) technology, (ii) if you are a registered Website user we will securely store your credit/debit card details on our systems, (iii) these details will be encrypted and only used to process card transactions which you have initiated. In order to protect your personal information further, you should be careful about providing your password to others.
- PRODUCT INFORMATION
We try to be as accurate as possible. However, we do not warrant that product description or other content of this Website is accurate, complete, reliable, current, or error-free. Most products displayed on this Website are available in our full-price retail stores in India while supplies last. The prices displayed on this Website are quoted in Indian Rupees and are valid and effective only in India. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on this Website.
- LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM USE OF THIS WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
We will not be liable for short delivery or defective products unless a claim is notified by you in writing within 30 days of ordering in accordance with the Return Policy. The notification must include the invoice number, order number and details of the claim. We will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Agreement by reason of any event or circumstance outside our reasonable control, including but not limited to any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. You expressly understand and agree that we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use of the Website, sale and supply of goods, content or any related services.
- APPLICABLE LAW
- MISCELLANEOUS LEGAL PROVISIONS
We may discontinue this Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this Agreement or your use of this Website. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and us regarding the Website and its contents.
All rights not expressly granted herein are hereby reserved to us.