Dvlpr@Quikr Agreement & Policy

Developer Agreement

Effective: Sept 1, 2015.

This Quikr Developer Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Quikr India Pvt Ltd and its affiliates (collectively, “Quikr”) and governs your access to and use of the Licensed Material (as defined below).

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS LICENSE AGREEMENT. BY USING THE LICENSED MATERIAL, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE LICENSED MATERIAL. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE THAT YOU USE THE LICENSED MATERIAL (“EFFECTIVE DATE”).

IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Quikr, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.

I. Quikr API and Quikr Content

A. Definitions

Content ‒ Classified Ads, Ad IDs, Quikr end user profile information, and any other data and information made available to you through the Quikr API or by any other means authorized by Quikr, and any copies and derivative works thereof.
Your Information ‒ is defined as any information you provide to us or other users of the Quikr by the usage of Quikr’s APIs, registration, posting, listing or replying process of Ads, in the feedback area (if any), through the discussion forums or in the course of using any other feature usage or interaction.
Developer Site ‒ Quikr’s developer site located at http://www.quikr.com/developer
End Users ‒ Users of your Services, who are bound to enforceable service terms with you.
Licensed Material ‒ A collective term for the Quikr API and Content.
Services ‒ Your websites, applications and other offerings that display Content or otherwise use the Licensed Material.
Ad ID ‒ A unique identification key generated for each Ad.
Ad ‒ a public posting made by any end user of the Quikr Service.
Quikr API ‒ The Quikr Application Programming Interface (“API”) and the related documentation, data, code, and other materials provided by Quikr with the API, as updated from time to time, including without limitation through the Developer Site.
Quikr Services ‒ Quikr’s offerings, including without limitation, those offered via https://www.quikr.com and Quikr’s mobile applications.

B. License from Quikr. Subject to the terms and conditions in this Agreement (as a condition to the grant below), Quikr hereby grants you and you accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license during the Term solely to:

Use the Quikr API to develop and implement your Services;
Copy a reasonable amount of and display the Content on and through your Services to End Users, as permitted by this Agreement;
Modify Content only to format it for display on your Services; and
Use and display Quikr Marks, solely to attribute Quikr’s offerings as the source of the Content, as set forth herein.

C. Your Information on Quikr. The usage of Quikr’s API with respect to ‘Your Information’ is further subject to and governed by the following terms and conditions:

Quikr’s Terms of Use (http://www.quikr.com/html/termsandconditions.php)
Quikr’s Privacy Policy (http://bangalore.quikr.com/html/privacy.php)
Quikr’s Listing Policy (http://hyderabad.quikr.com/html/policies.php)

D. Incorporated Terms. Your use of the Licensed Material is further subject to and governed by the following terms and conditions:

Obtaining and Maintaining an API Key. In order to use the Quikr API, you must obtain appropriate API credentials (an “API Key”) via registration via the Developer Website. You will not share your API Key, will keep your API Key secure, and will use it as your sole means of accessing the Quikr API. The Developer Site and further process to obtain API Key will also enforce certain API limits as per your access level which you must adhere to.
The token generated by you to access Quikr APIs shall be used for only a single application or website. Also one application should use only on token (API Key).
Quikr may monitor your use of the Quikr API to improve the Quikr Service, examine commercial use and ensure your compliance with this Policy.
Developer must accordingly modify or delete Content which has been modified or deleted on Quikr Services or if Quikr separately reports you to modify or delete the Content.
If your Service allows users to post Content to Quikr, then, before publishing, show the user exactly what will be published, including whether any location geotags will be added.
If your Service allow users to post Content to your Service and Quikr, then, before publishing to the Service:
1. Explain how you will use the Content;
2. Obtain proper permission to use the Content; and
3. Continue to use such Content in accordance with this Policy in connection with the Content.
Display your Service’s privacy policy to users before download, installation or sign up of your application. Your privacy policy must be consistent with all applicable laws, and be no less protective of end users than Quikr’s Privacy Policy located at http://bangalore.quikr.com/html/privacy.php. You must comply with your privacy policy, which must clearly disclose the information you collect from users and how you use and share that information, including with Quikr.
Do Not
1. Use, access or analyze the Quikr APIs to monitor or measure the availability, performance, functionality, usage statistics or results of Quikr’s products and services or for any other benchmarking or competitive purposes, including without limitation, monitoring or measuring:
  1. the responsiveness of Quikr websites, web pages, mobile applications or other online services; or
  2. aggregate Quikr user metrics such as total number of active users, accounts, user engagements or account engagements.
2. Use Quikr Content, by itself or bundled with third party data, to target users with advertising outside of the Quikr platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services.
3. Charge for any of the services, data, functionality which are provided for free by Quikr
4. Use Quikr Marks, or similar marks or names in a manner that creates a false sense of endorsement, sponsorship, or association with Quikr.
5. Publish links to malicious content.
6. Publish pornographic or obscene images to user profile images and background images.
Quikr discourages online services from replicating Quikr’s core user experience or features.
Compensation
1. When Content is the primary basis of an advertising or sponsorship sale you make, you must compensate Quikr, recoupable against any fees payment to Quikr for data licensing.
2. Quikr reserves the right to serve advertising via its APIs.
If you expect your online service to exceed 200,000 daily impressions, you must contact us about your Quikr API access, as you may be subject to additional terms.
Quikr may suspend or revoke access to the Quikr API if we believe you are in violation of this Policy. Do not apply for or register additional API tokens if Quikr has suspended your account. Instead, contact us on dvlpr-support@quikr.com.

Developer Terms

II. Restrictions on Use of Licensed Materials

Reverse Engineering and other Limitations. You will not or attempt to (and will not allow others to) 1)reverse engineer, decompile, disassemble or translate the Quikr API, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Quikr API or any portion thereof; 2) interfere with, modify, disrupt or disable features or functionality of the Quikr API, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Quikr API; 3) sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Licensed Material to any third party except as expressly permitted herein; 4) provide use of the Quikr API on a service bureau, rental or managed services basis or permit other individuals or entities to create links to the Quikr API or “frame” or “mirror” the Quikr API on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Quikr API; or 5) use the Licensed Material for any illegal, unauthorized or other improper purposes.
No Substantial Replication.You will not substantially replicate products or services offered by Quikr, but are explicitly permitted to create specialized versions or extensions of such products or services. For example, you aren't permitted to fully replicate the Quikr Services, but may create specialized views of Content from blogs followed by a user. In addition, you won't use the Licensed Materials or other information collected from users of Licensee Applications to create or maintain a separate blogging platform, social or media network, or other similar product or service.
No Modification of Quikr Services or Content.You shall not remove or insert Content when displaying a Content, including but not limited to (i) removing or inserting any advertisements or other sponsored material or (ii) removing other Content inserted by Quikr. You shall further not reorder Content in a user’s Quikr Dashboard and shall present that Content in the order provided by the Quikr API. In addition, your advertisements or sponsored material cannot replicate the look and feel of, or reasonably be confused by users as, a piece of Content and should be clearly separated from Content.
No Syndication or Distribution. Licensee Applications are strictly prohibited from syndicating or distributing Content in any manner, public or private, including but not limited to public redisplay of any Content.
Reporting and Statistics.You will ensure that all Licensee Applications properly and accurately use all reporting functionality that is made available now or in future through aspects of the Quikr API that are used by such Licensee Applications.
Attribution.You agree to maintain proper attribution for all pieces of Content to (1) the Quikr site that posted such Content and (2) the source of the Content, if such source was provided in the Licensed Materials (the “Source”). At no time will you falsely attribute Content. For the sake of clarity, this means that your Licensee Applications won't display any Content without attribution to the Posting content and Source (if available), as delivered in the Licensed Materials. In addition, you and your Licensee Applications won't modify or remove any proprietary notices, attribution or marks from the Licensed Materials.
Support.This Agreement does not entitle you to any support for the Licensed Materials, unless you make separate arrangements with Quikr. Any such support provided by Quikr shall be subject to the terms of this Agreement as modified by a separate support agreement. You are solely responsible for providing all support and technical assistance to end users of your Licensee Applications. You acknowledge and agree that Quikr has no obligation to provide support or technical assistance directly to your end users and you shall not represent to any of your end users that Quikr is available to provide such support. We’ll do our best, but we can't guarantee any support for you or your Licensee Applications. We also can’t support your users. You promise that you’ll do your best to support your own applications.
Storage and Caching of Content.Under no circumstances will you or your Licensee Applications store or cache Content for longer than three (3) days; after three (3) days, you and/or your Licensee Applications will re-request any such Content.
Rate Limits.You will not attempt to exceed or circumvent limitations on access, calls and use of the Quikr API (“Rate Limits”), or otherwise use the Quikr API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement. If you exceed or Quikr reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the Quikr APIs or the terms and conditions of this Agreement, then your ability to use the Licensed Materials may be temporarily suspended or permanently blocked. Quikr may monitor your use of the Quikr API to improve the Quikr Service and to ensure your compliance with this Agreement. In order to get your API limits increased on a case by case basis do contact us on dvlpr-support@quikr.com
Geographic Data. Your license to use Content in this Agreement does not allow you to (and you will not allow others to) aggregate, cache, or store location data and other geographic information contained in the Content, except in conjunction with a Ad to which it is attached. Your license only allows you to use such location data and geographic information to identify the location tagged by the Ad. Any use of location data or geographic information on a standalone basis or beyond the license granted herein is a breach of this Agreement.
Use of Quikr Marks. The Quikr Marks may not be included in or as part of your registered corporate name, any of your logos, or any of your service or product names. Moreover, you may not create any derivative works of the Quikr Marks or use the Quikr Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Quikr. You will not otherwise use business names and/or logos in a manner that can mislead, confuse, or deceive users of your Services. All use of the Quikr Marks and all goodwill arising out of such use, will inure to Quikr’s benefit. You shall not use the Quikr Marks except as expressly authorized herein without Quikr’s prior consent. You will not remove or alter any proprietary notices or Quikr Marks on the Licensed Material.

III. Updates

You acknowledge that Quikr may update or modify the Quikr APIs from time to time, and at its sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Quikr API and to make any changes to your Services that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Services access or communicate with the Quikr API or display Content. Your continued access or use of the Quikr APIs following an update or modification will constitute binding acceptance of the Update.

IV. Ownership and Feedback

Ownership. The Licensed Materials are licensed, not sold, and Quikr retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Quikr, its licensors and its end users retain all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of India, any other jurisdiction or any treaty (“IP Rights”). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Quikr’s ownership of the Quikr Marks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting the Quikr Marks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Quikr Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Quikr, immediately assign such rights to Quikr.
Feedback. You may provide Quikr with comments concerning the Licensed Material, Services or your evaluation and use thereof (collectively, “Feedback”). You hereby grant Quikr all rights, title and ownership of such Feedback (including all intellectual property rights therein), and Quikr may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.

V. Termination

Quikr may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Licensed Materials, at its sole discretion at any time, for any reason by providing notice to you. You may terminate this Agreement at any time by ceasing your access to the Quikr API and use of all Quikr Content. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Licensed Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections II, IV, V, VI and VII of this Agreement will survive the termination of this Agreement.

VI. Confidentiality

You may be given access to certain non-public information, software, and specifications relating to the Licensed Material (“Confidential Information”), which is confidential and proprietary to Quikr. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Quikr’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.

VII. Other Important Terms

User Protection. You will not conduct and your Services will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Exemptions to these restrictions may be requested for exigent circumstances and are subject to prior written approval from Quikr.
Quikr User Information. To the extent you have access to and are permitted to use Quikr User Information through the Licensed Materials for a specific Licensee Application, that access and use shall be in accordance with the
1. Quikr’s Terms of Use (http://www.quikr.com/html/termsandconditions.php)
2. Quikr’s Privacy Policy (http://bangalore.quikr.com/html/privacy.php)
3. Quikr’s Listing Policy (http://hyderabad.quikr.com/html/policies.php)
You will ensure that Quikr User Information disclosed in Content, inadvertently or otherwise, is not exploited for improper purposes such as identity theft, fraud, or spamming
Pricing. You may be charged for the access to and usage of Quikr’s APIs. The pricing details will be decided on an annual basis.
Compliance with Laws; Export and Import. Each party will comply with all applicable foreign, and local laws, rules and regulations. The Licensed Material is subject to Indian laws and may be subject to import and use laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the Licensed Material may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws. You will maintain throughout the Term all rights and licenses that are required with respect to your Services.
Warranty Disclaimer. THE LICENSED MATERIAL IS PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. Quikr DOES NOT WARRANT THAT THE LICENSED MATERIAL OR ANY OTHER Quikr PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH LICENSED MATERIAL OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
Indemnification. You shall defend Quikr against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Quikr harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of: (i) your use of the Licensed Material in any manner that is inconsistent with this Agreement; or (ii) the performance, promotion, sale or distribution of your Services. In the event Quikr seeks indemnification or defense from you under this provision, Quikr will promptly notify you in writing of the claim(s) brought against Quikr for which it seeks indemnification or defense. Quikr reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of Quikr, constitute an admission of fault by Quikr or bind Quikr in any manner, without the prior written consent of Quikr. In the event Quikr assumes control of the defense of such claim, Quikr shall not settle any such claim requiring payment from you without your prior written approval.
Limitation of Liability. IN NO EVENT WILL QUIKR BE LIABLE TO YOU OR ANY END USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, QUIKR’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED INR 100 (INR HUNDRED ONLY). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Updates. Quikr may update or modify this Agreement, Developer Terms, and other terms and conditions, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Quikr API. If any change is unacceptable to you, your only recourse is to cease all use of the Licensed Material. Your continued access or use of the Licensed Material will constitute binding acceptance of the such updates and modifications.
Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to this Agreement must be in a writing signed by both you and Quikr India Pvt. Ltd. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether you are the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, except with the prior written consent of Quikr. Any attempted assignment in violation of this paragraph is null and void, and Quikr may terminate this Agreement. This Agreement does not create or imply any partnership, agency or joint venture. This Agreement will be governed by and construed in accordance with the laws of India, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the court of Bangalore, Karnataka, India, and you consent to personal jurisdiction in those courts. Despite the foregoing, you agree that money damages would be an inadequate remedy for Quikr in the event of a breach or threatened breach of a provision of this Agreement protecting Quikr’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Quikr, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. No waiver by Quikr of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Quikr. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.