Last updated April 2, 2021
This website is operated by INDU APPLIANCES CORPORATION OF INDIA ® Bhilai.
Throughout the site, the terms “we”, “us” and “our” refer to waahkart.com and Indu Appliances
Corporation Of India.
Indu Appliances Corporation Of India offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting
our site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink.. These Terms of Service apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
If these Terms and Conditions are considered an offer, acceptance is
expressly limited to these Terms and Conditions.
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Indu
Appliances Corporation of India, concerning your access to and use of the https://www.waahkart.com/ website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected
thereto waahkart.com. You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications
to these Terms and Conditions at any time and for any reason. We will not
alert you about any changes by updating the “Last updated” date of these Terms
and Conditions, and you waive any right to receive specific notice of each such
change but It is your sole responsibility to periodically review these Terms
and Conditions to review such updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in any
revised Terms and Conditions by your continued use of the Site after the date
such revised Terms and Conditions are posted. You agree that it is your
responsibility to monitor changes to our site.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is
intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Site.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time. You understand that your content (not including credit card information),
may be transferred encrypted and involve (a) transmissions over various
networks; and (b) changes to confirm and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the service, use of the service, or access to the
service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only
and will not limit or otherwise affect these Terms.
Products
you buy are meant for end-user consumption. If you want to purchase for resale
you have to take permission from us.
ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or timelier sources of information. Any reliance on the material on
this site is at your own risk.
This site
may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws. The Content and the Marks are provided on the Site “AS IS”
for your information and personal use only. Except as expressly provided in
these Terms and Conditions, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms and Conditions; (4) you
are not a minor in the jurisdiction in which you reside; (5) you will not
access the Site through automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible come
close to our original products such as the colours, features,
specifications, and details of the products available on the Site. However, we
do not guarantee that the colours, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual
colors and details of the products. All products are subject to availability,
and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products
are subject to change without prior information.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order.These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address.
Any offer for any product or service made on this site is void where
prohibited. We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
NOTE: Prices mentioned are for Serviceable pin
codes. It may vary for ODA- A,B,C accordingly. Or if Your Location is
not in serviceable, the order may be canceled in that condition.
Shipping rates if included are displayed
with products are only applicable for serviceable areas of our Shipping
Partners.
We accept the following forms/mode of payment:
- Visa
- Mastercard
- Internet Banking
- Razor Pay
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree to
promptly update account and payment information, including email address,
payment method and credentials, so that we can complete your transactions and
contact you as needed. GST will be added/applied to the price of purchases
as deemed required by us/Govt. We may change prices at any time. All payments
shall be in Indian Rupee (INR) only.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your
chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing,
even after if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
All the payment of goods should be made in advance.
Ordered Product/Products will only be dispatched once the full amount is received.
Production will only begin once at least 50% advance payment is received for that specific product.
In the case of customized orders, Production will only begin once at least 70% advance payment is received for that specific product.
If the product is ready to dispatch then the remaining payment must be made within 45 days otherwise Indu Appliances Corporation of India will reserve the right to forfeit all the advance payments made for that products and the company will be free to use or sell the said product to another customer.
Why not Cash on Delivery (COD) or Pay on Delivery (POD)?
In the view of Covid-19, we want our delivery partners and our customers to stay safe, we promote social distancing which will only be possible if we opt for cashless payment methods. The RBI's advice to the public to minimise the use of currency and opt for digital banking has also influenced this decision. The COD payment method is "Temporarily suspended'' from the list of payment methods we accept for shopping on our website. Customers can currently pay using credit/debit cards, UPI, net banking, or other online payment options.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools. Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may
also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms and Conditions.
THIRD-PARTY LINKS
Certain content, products and services available via our service may
include materials from third-parties. Third-party links on this site may direct
you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use
of goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any
Transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by
our Privacy Policy. please view our Privacy Policy.
RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
SHIPPING POLICY
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the
Site to create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretences.
3. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false
reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the
username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site in order to
harass, abuse, or harm another person.
12. Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any revenue-generating endeavour
or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Site.
14. Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Site to you.
16. Delete the copyright or other proprietary rights notice
from any Content.
17. Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
18. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
19. Use the Site in a manner inconsistent with any applicable
laws or regulations.
20. Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
22. Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the service
is at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided 'as is'
and 'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchant ability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.
In no case shall waahkart, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
Notwithstanding
anything to the contrary contained herein, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be
limited to the lesser of the amount paid, if any, by you to us during
the one (1) month period prior to any cause of action
arising or INR 5000.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these
Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with the
laws of India act.
USER GENERATED
CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms and Conditions.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms and Conditions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms and Conditions, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms and Conditions and may result
in, among other things, termination or suspension of your rights to use the
Site and the Marketplace Offerings.
CONTRIBUTION
LICENSE
You and Site agree that we may access, store,
process, and use any information and personal data that you provide following
the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive,
racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should
not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our
sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub
licensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://waahkart.com/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site and the Marketplace Offerings are hosted in India. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Site or the Marketplace Offerings.
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site or
the Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Site or the Marketplace
Offerings or to supply any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These Terms
and Conditions and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of India act.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the Durg Court (Durg jurisdiction), Durg, Chhattisgarh, India.
DISCLAIMER
THE SITE IS
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
OR/AND OUR PRODUCTS, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data relating to
your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND
SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
MISCELLANEOUS
These Terms and
Conditions and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Terms and Conditions is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms and Conditions and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Terms and Conditions or use of the Site. You agree that these
Terms and Conditions will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Terms and Conditions and the lack of signing by the
parties hereto to execute these Terms and Conditions.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
S. M. Umak
CEO
Mobile: 7400574005
E mail- mdinduit@gmail.com