Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time.
Any correspondence/returns/ has to be sent to us in the name of Whaaky.com.
"Agreement" means the Terms and Conditions (T&C) contained herein under the .com brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.
"Site" means the ".com" owned and operated by Whaaky.com, which provides a venue to the users of .com to buy the products listed / displayed at .com.
"Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.
"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale by .com by placing its order on this Site.
"Product's" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the we have complete control and the same may be subject to change.
The "User" shall be at least 18 years of age or over to register and avail the services of the "Site". Registration to the "Site" is void where prohibited. "User" represents and warrants that he/she has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The "User" shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity. The "Site" may terminate the registration of the "User", and any content or information that "User" have posted on the "Site" and/or prohibit "User" from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age.
The "User" shall agree to provide true, accurate and current information about him/her, as prompted by the registration form of the "Site".
The "User" shall agree to maintain the security of his/her password and identification; maintain and promptly update the Registration Data, and any other information the "User" provides to the "Site", to keep it accurate, current and complete; and shall be fully responsible for all use of account and for any actions that take place using the "User" account.
The "User" acknowledges that registration does not guarantee continued or continuous service and also acknowledges that "Site" may terminate the registration at any point of time with or without notice.
"Site" reserves the right to delete any information and to refuse any and all future use, if it suspects that the information provided by the "User" is false and inaccurate.
While registering, the user will choose a password and is responsible for maintaining the confidentiality of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify the "Site" immediately of any unauthorized use of their password or account or any other breach of security. "Site" will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge.
The "User" shall understand that all contents (information, data, text, photographs, videos, music, graphics and/or other materials) hosted/viewed in the "Site" are the sole responsibility of the "User" from whom such content originated.
"The "Site" does not guarantee the accuracy, integrity and quality of such contents. The "User" must also understand that it is possible for him/her to receive contents that are offensive, objectionable or indecent. The "Site" will not be liable for any error or any negative effect/result of such content whatsoever.
The "User" represent, warrant and agree that no materials of any kind submitted through "User" account or otherwise posted or shared by "User" through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
The "User" further agrees that he/she shall not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, impair or disrupt the service, servers, system, site or networks connected to the service.
Users shall recognize that they have the responsibility of evaluating and bearing the risks associated with the content's (that is shared and used) reliability accuracy, usefulness, purpose and comprehensiveness. Consequently, users shall understand that they cannot entirely depend on the data displayed at the "Site".
The "User" expressly and impliedly agrees not to use the services or the "Site" to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing,torturous,defamatory,vulgar, obscene, libelous, invasive of another's privacy, hateful or racially or ethnically or otherwise objectionable;
- Upload, post, email, transmit or otherwise make available any content that is or likely to cause/affect/violate the rights of any party with respect to religious sentiments, secular credentials,communal harmony, peace, integrity of a nation, or that would otherwise create liability or violate any local, state, national or international law
- Impersonate any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content listed on the site or services;
- Upload, post, email, transmit or otherwise make available any content that the "User" does not have a right to make available under any law or under contractual relationship (such as inside information, proprietary and confidential information, learned or disclosed as part of non-disclosure agreements);
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
- Upload, post, transmit, share, store or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make available content that is likely to cause or damage the computer, computer system, site, server and services;
- Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service, Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law,
Information Technology Act & Indian Laws
The "User" agrees and undertakes to abide by the provisions of Information Technology Act and/or any other laws/rules/regulations of India. The User impliedly and expressly undertakes to submit to the jurisdiction of enforcing/statutory authorities for any violation of the IT act and other laws.
All the Content on the Site whether text, graphics, pictures, video etc. their selection and arrangement are the proprietary property of the site, its Users or its licensors with all rights reserved. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission, is strictly prohibited and will terminate the registration granted herein.
The User should agree that the Site, in its sole discretion, may terminate the account, password or use of the service, for any reason or if the Site believes that the user has violated or has acted inconsistently with the spirit of Terms of Service. The site also in its sole discretion and at any time may discontinue providing the service, with or without notice. Upon termination, user's right to use the Site immediately ceases. Further, the user must agree that the Site shall not be liable to anyone for any termination of User access to the service.
The User agrees to indemnify and hold the Site , its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Content that the User submits, posts, transmits or otherwise makes available through the Service, the use of the Service, the connection to the Service, the violation of this Agreement, or the violation of any rights of another or any violation of any applicable law or any breach of your representations and warranties set forth above.
Materials provided on this site are provided "as is" without warranty of any kind, either expressed or implied, for a particular purpose.
The Site specifically does not make any warranties or representation as to the accurateness or completeness of any such materials. The Site periodically adds, changes, improves, or updates the materials on this Site without notice. Under no circumstances shall the Site be liable for any damage, loss, liability or expense incurred or suffered which is claimed to have resulted from the use of this "Site", including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of this Site is at "User's" sole risk. Under no circumstances, including, but not limited to, negligence, shall the Site or its affiliates be liable for any direct, indirect, incidental, special, consequential damages.
This site may contain advice, opinions and statements of various information providers and content providers. The Site does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any User of this "Site" or any other entity. Reliance upon any such opinion, statement or other information shall also be at the "User's" own risk. Neither the Site nor its affiliates, nor any of their respective agents, employees, information providers, or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer -virus, communication line failure, alteration of, or any use of content herein, regardless of cause, for any damages resulting there from.
As a condition of use of this Site, User agrees to indemnify the Site and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out User's use of this Site.
Nothing in this Site or any materials shall be construed, implicitly or explicitly, as containing any investment recommendations. Accordingly, nothing in this Site, or in such materials, constitutes an offer of or an invitation by or on behalf of the Site to purchase or sell any shares or securities nor should it be considered as investment advice.
Limitation of Liability
The site is not to be held liable for special, consequential, incidental, indirect or punitive loss, damage or expenses , data, loss of facilities, or equipment or the cost of recreating lost data regardless of whether arising out of a breach of contract, warranty, tort, strict liability or otherwise. The User shall agree that the Site shall not be liable for any damage, monetary loss resulting from transactions resulting to the damage of the User's reputation resulting from bogus entries.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER WHAAKY.COM NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON, WILL AT ALL TIMES BE LIMITED TO INVOICE VALUE.
This site and the contents hereof are provided "as is" and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law. The Site disclaims all warranties , express or implied , and conditions including, but not limited to, implied warranties of merchantability, fitness for particular purpose, title and non - infringement. Nor does multimedia warrant that the functions of this site or the functions contained in the materials of in this site will be interrupted or error - free, that defects will be corrected, or that this site or the server(s) that make the sites available are free of viruses or other harmful components. In no event shall multimedia and/or its licensors or suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other wrongful actions, arising out of or in connection with the use or performance of any products, materials or information available from this server. This "Site" in whole or in part, could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. User's continued use of this "Site" following the posting of any change or modification of the terms will mean the "User" to accept those changes or modifications.
Copyrights and Trademark Information:
The Site's name is the property of their respective holders. The trademarks and logos may not be used in any manner without the expressed approval of all or any content featured in the site. The logos, banners and the like are trademarks of the Site. Without Site's permission, the user agrees not to display or use these in any manner.
Site respects the intellectual property of others. The Site expects the user to do the same. If the user believes that his/her intellectual property rights have been violated please inform Site authorities immediately and provide the following information:
a. A description of the copyright that user or owner claim has been infringed;
b. A description where the material is located on the site;
c. Complete name, address, telephone number and email address of the owner of the copyrighted material;
d. Signature, sent electronically or physically, of the person authorized to act on behalf of the owner of the copyright;
e. A statement by the user or owner that he/she firmly believes that the disputed use is not authorized by the copyright owner;
f. A statement, made under penalty of perjury, that all the given information are true and accurate and that he/she is the copyright owner or the one authorized to act on behalf of the copyright owner.
Changes to the Terms and conditions
The site may amend its terms and conditions at any time, at its sole discretion. If there is any change made in the Terms and conditions that will be notified to the User you by posting an announcement on the site so that the User is always aware of the Updating of the site from time to time. The User is responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Any dispute arising out of this transaction or in connection therewith shall be subject to the jurisdiction of the courts at Hyderabad only.