TERMS OF USE

 

 

This electronic record is prepared in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.



This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.wishup.in website and mobile app.

 

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer using the computer systems/mobile applications. The term "We", "Us", "Our", "Wishup", "Company" shall mean Wishup Technology Pvt Ltd.

 

Welcome to Wishup Technology Private Limited. This page explains the terms by which you may use our online and/or mobile services, website, API, and software provided on or in connection with the service (collectively the "Services"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the Wishup Privacy Policy , whether or not you are a registered user of our Services. Wishup reserves the right to make unilateral modifications to these terms and will provide notice of these changes without assigning any reason to you as described below. This Agreement applies to all visitors, users, customers, and others who access the Services ("Users").

 

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

1. Use of Our Services

Wishup provides a platform that enables users of Wishup Services to submit requests that Wishup's third party contractor /vendors or service providers (third party contractor /Vendors or service providers are collectively called "Vendors") will endeavour to fulfil in a satisfactory and timely manner. Many times these requests require Wishup "Vendors" to contact, provide information to, and/or purchase from third party providers of various services on behalf of a user ( "Third Party Provider").

Users of the Service contract for services directly with Vendors - Wishup does not provide the Services directly. The Service is a communication platform for establishing connections between Users and Vendors. When a User contacts a Vendor, the Vendor is acting on the Vendor's sole behalf and is not a representative or agent of Wishup. Accordingly, please consider carefully before your agree to an Vendor's offered services. Wishup does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any product(s)/services provided by Vendor(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Vendor in any manner. The Company makes no representation about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Vendors identified through the Service whether in public, private, or offline interactions. Company does not provide any background checks or vetting. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY VENDOR OR USER OF THE SERVICE. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

 

A. Eligibility

This is a contract between you and Wishup. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with Wishup, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Use of the service provided by the Company is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Wishup and shall not transact on or use the service provided by the Company. As a minor if you wish to use or transact on Wishup, such use or transaction may be made by your legal guardian or parents or under their guidance on the Website, by which they shall be responsible/liable for any acts committed in connection with any transaction. . Wishup reserves the right to terminate your membership and / or refuse to provide you with access to the service if it is brought to Wishup's notice or if it is discovered that you are under the age of 18 years.

B. Wishup Services

Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, non-commercial use only and as permitted by the features of the Services. Wishup reserves all rights not expressly granted herein in the Services and the Wishup (as defined below). Wishup may terminate this license at any time for any reason or no reason.

C. Wishup Accounts

Your Wishup account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Wishup account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity/organization/Association of persons/any other arrangement which has existence in any law of the country who use the service as user, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the user of this service to this Agreement, and that you agree to this Agreement on the user'ss behalf. By connecting to Wishup with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission from another user. While creating your account, you are under an obligation to provide accurate and complete information, and   to keep this information up to date. Your failure to do the same may result in your inability to access and use the Services and gives us the right to terminate this Agreement.

You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You must notify Wishup immediately of any breach of security or unauthorized use of your account. Wishup will not be liable for any losses/damages/claims made/caused by any unauthorized use of your account.

By providing Wishup your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by contacting us at contact@wishup.in. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D. Services Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services (except that Wishup grants the operators of public search engines revocable permission to use spiders to copy publically available materials from https://www.wishup.in for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

It shall be a violation of these Terms of Use to use any information obtained from the Website/mobile application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or direction. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

We reserve the right, but has no obligation, to monitor the materials posted on the Website/mobile application. Wishup shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Wishup views. In no event shall Wishup assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

 

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services and such acts of ours will not make us liable for any claim in any manner whatsoever. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Users and Vendors. We reserve the right, but have no obligation, to monitor disputes between you and other Users and/or Vendors. Wishup shall have no liability for your interactions with other Users, Vendors, or for any User's action or inaction.

Wishup may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

2. Mobile Software

A. Mobile Software. We may make available software to access the Services via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Wishup does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Wishup hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Wishup account on one mobile device owned or leased solely by you, for your personal use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Wishup may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Wishup or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Wishup reserves all rights not expressly granted under this Agreement.

The Mobile Software originates in the India, and is subject to Indian  laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws as well as international law and treaties if any related to use of the Mobile Software and the Services.

B. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Wishup, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes- Sourced Software must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Wishup  will not be liable for refunding the purchase price for the iTunes-Sourced Software to you;, Wishup will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Wishup as provider of the software. You acknowledge that Wishup is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes- Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Wishup as provider of the software.

3. Our Proprietary Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Wishup Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wishup and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wishup Content. Use of the Wishup Content for any purpose not expressly permitted by this Agreement is strictly prohibited and will make you liable for damages as well as prosecution under the law.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Wishup under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Wishup does not waive any rights to use similar or related ideas previously known to Wishup, or developed by its employees, or obtained from sources other than you.

4.1 Payment

While availing any of the payment method/s available on the Website/mobile application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

 

1.    Lack of authorization for any transaction/s, or

2.    Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3.    Any payment issues arising out of the transaction, or

4.    Decline of transaction for any other reason/s

 

 

All payments made against the purchases/services on Website/mobile application by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Wishup will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/mobile application.

 

Further:

1. Use of the payment facility shall not render Wishup liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Wishup's Website/mobile application.



2. You have specifically authorized Wishup or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Wishup is on a principal to principal basis and by accepting these Terms of Use you agree that Wishup is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Wishup's Website/mobile application that are paid for by using the Payment Facility. Wishup does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.



3. You understand, accept and agree that the payment facility provided by Wishup is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Wishup Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Wishup is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

4. Wishup reserves the right to impose limits on the number of Transactions or Transaction Price which Wishup may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

 

5. Wishup reserves the right to refuse to process Transactions by Buyers/Users with a prior history of questionable charges including without limitation breach of any agreements by Buyer/User with Wishup or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

6. Wishup may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for Cash On Delivery transactions) Transaction Price from the User for security or other reasons at the discretion of Wishup. As a result of such check if Wishup is not satisfied with the creditability of the User or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Users commitment to pay Transaction Price.

 

7. Wishup may delay notifying the payment confirmation if Wishup deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Wishup may hold Transaction Price and Wishup may not inform the Vendor to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

 

8. The User and the Vendor acknowledge that Wishup will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Wishup.

 

Compliance with Laws:

 

9. The User and Vendor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Wishup Website.

 

11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between User and the respective Issuing Bank.

 

4.2 Paid Services

A. Billing Policies. Certain aspects of the Services may be provided for a fee, subscription or other charge. If you purchase a subscription from Wishup, this subscription will automatically renew at the end of each billing cycle, typically every thirty (30) days, at which point you will automatically be charged for the Services for the next billing cycle. Wishup may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

B. No Refunds. You may cancel your Wishup account or any requests at any time; however, you are not entitled to any refund for cancellation, including a refund of your unused tasks. Wishup provides refunds for purchases only in Wishup's sole discretion. In the event that Wishup suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any services purchased, any content or data associated with your account, or for anything else, except if, in WIshup's sole discretion, Wishup provides you a refund or exchange.

C. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

5. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in India.

6. Security

Wishup cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.You, further undertake to provide all necessary information to us for making this system as secure.

7. Third-Party Links, Recommendations and Information

The Services may contain links, recommendations and information to third-party materials that are not owned or controlled by Wishup. Wishup does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service, purchase a product or service, and/or engage a third-party from the Services, you do so at your own risk, and you understand that this Agreement and Wishup's Privacy Policy do not apply to your use of such third-party sites, services or products. You expressly relieve Wishup from any and all liability arising from your use of any third-party website, service, product or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Wishup shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

8. Purchases Made On Your Behalf

The Services may, from time to time, include making purchases of products and services on your behalf from third-parties that are not owned or controlled by Wishup. Currently, we make purchases ourselves on your behalf. You are fully responsible for any purchases we make on your behalf, and once authorized, payments are not cancellable or refundable. Wishup does not endorse or assume any responsibility for any such third-party products, services information, materials, representations or warranties. If we purchase any information, product or service on your behalf, your use of the product or information, or engagement of those services, is done so entirely at your own risk, and you understand that this Agreement and Wishup's Privacy Policy do not apply to your use of such third-party sites, services or products. You expressly relieve Wishup from any and all liability arising from your use or engagement of any third-party website, service, product or content WIshup purchases on your behalf. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Wishup shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

9. Indemnity

You agree to defend, indemnify and hold harmless Wishup and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, Intellectual Property Rights, and any rights of Third Party Providers; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Services with your unique username, password or other appropriate security codeviii) for any non-performance or breach of any contract entered into between (user) Buyers and Vendors

10. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WISHUP OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WISHUP, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED ORTHAT ANY REQUESTS WILL BE MET SATISFACTORILY OR AT ALL; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

WISHUP DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF ANY THIRD PARTY PROVIDER, NOR THAT ANY SUCH THIRD PARTY PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WISHUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WISHUP SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WISHUP  WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD PARTY PRODUCTS OR SERVICES.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WISHUP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, BREACH OF OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WISHUP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISHUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF REQUESTS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY REQUESTS OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER INCLUDING ITS BREACH THEREOF.

IN NO EVENT SHALL WISHUP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WISHUP HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WISHUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Wishup does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website/mobile application. Wishup does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website/mobile application. Wishup accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Wishup shall not and is not required to mediate or resolve any dispute or disagreement between the User and any vendor or third party vendor.

 

Wishup does not at any point of time during any transaction between the User and Vendor on the Website/mobile application come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

 

 The Services are controlled and operated from facilities in the India. Wishup makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the India.

12. Governing Law

This Terms of Use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms of Use, shall be subject to the jurisdiction of the courts at New Delhi, India only.

12.1 ARBITRATION CLAUSE

Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall be referred to the sole arbitrator appointed by Wishup and in the event of any failure to commence or to continue arbitration by the arbitrator for any reasons whatsoever, the new arbitrator shall be appointed by Wishup only. The arbitration shall be governed by the Arbitration and Conciliation act,1996. The seat of arbitration shall be in Delhi.

12.2 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

13. General

A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wishup without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement. Wishup may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Wishup in our sole discretion. Wishup reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Wishup is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Wishup may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the Ôlast modified' date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Services.

C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Wishup in connection with the Services, shall constitute the entire agreement between you and Wishup concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver.

 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wishup's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us at contact@wishup.in with any questions regarding this Agreement.

This Agreement was last modified on January 6, 2016.