Thank you for visiting our website www.wishgini.com ("Website") which is owned and operated by M/s. NumeroUnity Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Nagpur, India, hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].
This document is an electronic record in terms of Information Technology Act, 2000, and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The information, products and services including but not limited to posts made / responded, shopping services, search services and any and/or all other services of whatsoever nature, offered on this Website, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear on the Website. The Company, its affiliate companies, associate companies, subsidiaries assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, and associate companies cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Product(s) / Services(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users.
In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
- "Company" shall mean Wishgini
- "Product (s)" shall mean any category of Products available for transaction on the Website for consideration.
- "Service(s)" shall mean any category of services available for transaction on the Website for consideration.
- "User" / "Users" shall mean any person/persons and/or legal entity (-ies) including Product and / or Service providers who visits, uses, posts, responds, deals with and/or transact at www.wishgini.com in any way.
- Website shall mean www.wishgini.com, a website owned and operated by the Company for facilitating online transactions.
- Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, post, respond, deal and/or transact at the Website. If User is not competent to enter into valid contract then User is prohibited to visit, use, post, respond, deal and/or transact at the Website. User’s visit, using, posting, responding , dealing and/or transaction at the Website shall be treated as User’s representation that User is competent to enter into valid legal contracts under the Indian Contract Act, 1872.
- The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified.
- The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, or associate companies or its licensors, as the case may be.
- The Website is protected by copyright pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
- The Company’s logos, Product and service marks and/ or names are trademarks are owned by the Company (the "Marks"). Without the prior written permission of the Company, or its affiliates or associated companies, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website shall be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks.
- User's misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
- The content of the Website might vary depending on the area User wants to be serviced at.
- Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Company’s or any third party's intellectual property rights. No trademark or service mark license is granted in connection with the materials contained on this Website.
- References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to User and do not in any way constitute or imply Company endorsement, sponsorship or recommendation of the third party, information, product or service.
- User may download or copy the Contents and other downloadable materials displayed on the Website for personal and non - commercial use only. No right, title or interest in any downloaded materials or software is transferred to User as a result of any such downloading or copying. The Contents and software on this Website may be used only as a resource to enhance the shopping experience.
- User shall be entitled to use the Website for any online postings / transaction by getting himself / herself registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
- User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration, postings, transaction and / or dealings. The Company shall be entitled to cross verify any details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false, misleading or inappropriate then the Company shall be entitled to cancel or suspend or delete the registration or postings, transaction and / or dealing of User permanently or for such period as the Company deems fit.
- User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration or postings, transaction and / or dealing of, or cancel User id in its discretion.
- User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
- Ensuring matching of Product / Service expectations of the Users
- Any deficiency in the Product / Service or
- Delivery of Product / Service
- Any loss and/or damage to User on account of any other User not honouring the agreed upon terms during interactions on the Website or otherwise.
- User shall further be liable to be prosecuted under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company or to any other User of the Website.
- The User agrees and undertakes not to reverse engineer, modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website.
- User shall not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, product or service using the Website.
- User shall not use Website to transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- User shall not use this Website to gain unauthorized access to other computer systems.
- User shall not use this Website to interfere with any other person's use or enjoyment of the Website.
- User shall not use this Website to breach any applicable laws;
- User shall not use this Website to interfere or disrupt networks or web sites connected to the Website.
- Company is currently not accepting any payment through the Website.
- Users are required to reach a basic understanding with other Users over Website and thereafter finalize the transaction directly with other User. Company does not assume any responsibility with regards to payments of any sort.
- Company do not collect, access, store or process any credit card, debit card, net banking or any other financial information.
Shipping & Delivery
- Company does not assume any responsibility of Shipping and / or delivery of the Product(s) / Service(s).
- Users are required to reach a basic understanding with other Users over Website and thereafter finalize the transaction directly with other User.
Fraudulent posting / transaction
- If Company suspects any fraudulent posting / transaction by any User or any posting / transaction which defies the terms & conditions of using the website, Company at its sole discretion can cancel such orders.
- Company is in no way responsible for any replacement and / or refund for any reason whatsoever and / or defect in the Product and / or deficiency in any Service.
- User(s) concluding the transactions through the Website or otherwise are responsible for finalize the transaction directly with other User(s). Company does not assume any responsibility with regards to replacement and / or refund of any sort and also in case of
- User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products / Services, content User accesses and/ or uploads, posts, transmits and/ or otherwise contribute via the Website; what effects the Products / Services or content may have on User and/ or any third party; how User may interpret and/or use the Products / Services and/or what actions User may take as a result of having been exposed to the Products / Services and/or content.
- Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, and associate companies may make improvements and/or changes to this Website at any time.
Governing Law and Jurisdiction
- This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this Agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with User’s use of this Website (collectively, the "Comments") shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments User submit for any purpose whatsoever, without restriction and without compensating User in any way. User agree that any Comments submitted by them to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. User further agrees that no Comments submitted to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Company does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. User is and shall remain solely responsible for the content of any Comments they make and User agree to indemnify Company and its affiliates for all claims resulting from any Comments they submit.
- User agrees to be contacted from time to time via email, SMS and phone call about any offers, deals and feedback with regards to the Website.
- By using this Website or any services provided on the Website, User may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which may or may not be identified as such. User agrees to use the Website and any service at their sole risk.
- User agrees to defend, indemnify and hold harmless Company, its employees, and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon User’s actions or inactions, which may result in any loss or liability to Company or any third party. This clause shall survive the expiry or termination of this User Agreement.
- This User Agreement is effective unless and until terminated by User and Company. User may terminate this User Agreement at any time, provided that User discontinues any further use of this Website and the indemnity clause survives. Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny User’s access to the Website. Such termination will be without any liability to the Company. Upon termination of the User Agreement by either party, User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.