TERMS & CONDITIONS
- Application and Acceptance of the Terms
- This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, the User agrees to accept and be bound by the Terms. Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.
- User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Wego.
- You acknowledge and agree that Wego may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
- The Terms may not otherwise be modified except in writing by an authorized officer of Wego.
- Provision of Services
- The Wego contracting entity that you are contracting with for access to the Platform is Wego Shopping Technologies Private Limited. In case you avail services while accessing the Platform, that may be supported and/or provided by the third-party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Wego disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).
- You must register as a User on the Platform in order to access and use Services. Further, Wego reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Wego may impose in its discretion.
- Fees and Charges Payable by Seller
Seller will pay to Wego, if applicable, fee for use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the seller (collectively referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by Wego and communicated to the seller, from time to time.
The applicable Platform Fee shall be as communicated by Wego to the seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by Wego in its sole discretion. It shall be the seller’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform and the services by third party service providers made available by the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.
The Platform Fee shall be exclusive of all applicable taxes, including Goods and Services Tax.
The invoices for the Platform Fee shall be issued to you via the Platform and the same shall be settled as per the ‘Settlement’ clause of the Terms and Conditions for Logistics Services and Payment Services.
- Users Generally
- You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Wego, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
- Wego may allow Users access to content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels, or otherwise), API, or otherwise to such third parties websites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products, or services that you may avail. You acknowledge that Wego has no control over such third parties websites and shall not be responsible or liable to anyone for such websites, or any content, products, or services made available on such websites.
- You agree not to undertake any action which may undermine the integrity of Wego’s feedback system.
- By posting or displaying any information, content, or material (“User Content”) on the Platform or providing any User Content to Wego or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Wego to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Wego that you have all the rights, power, and authority necessary to grant the above license.
- User agrees, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:
i. User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or messages using the Wego communication platform;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
- interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- shall not be false, inaccurate, or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.
- shall not create liability for Wego or cause Wego to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Wego reserves its right to bar any such activity.
- User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- Users Generally
- Users must be registered on the Platform to access or avail of the Services. Except with Wego’s approval, one User may only register one account on the Platform. Wego may cancel or terminate a User’s account if Wego has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Wego may reject the User’s application, without assigning any reasons thereof, for registration for any other reason.
- A set of a User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under the User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
- User’s Responsibilities
- You represent, warrant, and agree that (Ⅰ) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms; (Ⅱ) you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; (Ⅲ) you use the Platform and Services for business purposes only; (Ⅳ) the address you provide when registering your account on the Platform is the principal place of business of your business entity; and (Ⅴ) your business is validly existing and incorporated/established as per the provisions of applicable laws.
- User will be required to provide information or material about User’s entity, business, or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current, and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- User consents to the inclusion of the contact information about User in Wego’s database.
- You represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any User Content that you submit, post, or display; (b) any User Content that User submits, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
- Wego reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submits to, post or display on the Platform which Wego reasonably believes is unlawful, violates the Terms, could subject Wego or its affiliates to liability, or is otherwise found inappropriate in Wego’s opinion.
- If any User breaches any Terms, or if Wego has reasonable grounds to believe that a User is in breach of any Terms, Wego shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User’s account and any and all accounts determined to be related to such account by Wego in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as Wego may deem necessary or appropriate in its sole discretion.
- Wego reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Wego may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
- Each User agrees to indemnify Wego, its affiliates, directors, employees, agents, and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) that may arise from your submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.
- Transactions Between Users
- When a product is listed for sale on the Platform by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.
- For any Services, Wego does not represent either the seller or the buyer in specific transactions. Wego does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- Users agree that Wego cannot and does not confirm each User’s purported identity. Wego encourage Users to exercise discretion and caution while dealing with various Users.
- Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Wego (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from Wego site to avail of services related to the transaction of buy-sell conducted on the Wego Platform.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY WEGO ON OR THROUGH THE PLATFORM ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WEGO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; WEGO DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND WEGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.
- Force Majeure
- Under no circumstances shall Wego be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Intellectual Property Rights
- Wego is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership, and intellectual property rights in the Platform and Platform Content shall remain with Wego or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Wego are hereby reserved.
- “Wego” and any other related icons and logos are registered trademarks or trademarks or service marks of Wego Shopping Technologies Private Limited, in various jurisdictions, and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
- All legal notices or demands to or upon Wego shall be made in writing and sent to Wego personally, by courier, certified mail, or facsimile to the following entity and address: Wego Shopping Technologies Private Limited, Office No.7, Sadashiv Motkari Apartment, Govind Nagar, Nashik, Maharashtra, 422009, India, Attn: Legal Department. The notices shall be effective when they are received by Wego in any of the above-mentioned manners.
- All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Wego, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) Wego is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Wego posting such notice on an area of the Platform that is publicly accessible without charge.
- General Provisions
- Subject to any terms & conditions, the Terms constitute the entire agreement between User and Wego with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- Wego and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Wego’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Wego’s right to act with respect to subsequent or similar breaches.
- Wego shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Wego). User may not assign, in whole or part, the Terms to any person or entity.
- The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Nashik, Maharashtra, India.
- Grievance Officer
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Office No.7, Sadashiv Motkari Apartment, Govind Nagar, Nashik,
Maharashtra, 422009, India
Time: Mon – Sat (10:00 AM – 07:00 PM)
IP Infringement Policy
Notice and Procedure for Making Claims of Right Infringements
We respect third parties Intellectual Property Rights. If your rights are being infringed, you notify us by submitting the Notice Form attached to this policy
Upon receipt of a Notice Form, we may take certain actions, such as informing the users about the infringing content or removing information without any admission as to liability and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Wego the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Wego for all claims brought by a third party against Wego arising out of or in connection with the submission of a Notice Form.
Note on Third Party User Listings: Please keep in mind that Third Party User listings are merely hosted on Wego and are posted solely by the Third Party Users who may be contacted via their “User Information” page, accessible from any of their listings.
Important Warning: giving false, misleading, or inaccurate information in the Notice Form to Wego may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
If you believe that your rights are being violated by information on the Wego, you may fill out and submit the Notice Form (below). This form needs to be signed can be sent via E-mail PDF to the Grievance Officer:
e-mail: [email protected]
Subject Line: Notice of Infringement
(We will accept a signed PDF via e-mail with the subject line “Notice of Infringement”).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
- Contact information
(a) Your and/ or your company’s name, address, telephone number, and contact email address; (b)The contact email address and/or a name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide while registering at Wego.
- Listing’s details and Allegation of Infringed Right:
(a) The listing’s URL and detailed description of the information that you claim is infringing your rights is located on the Wego Platform; if regarding a Third Party User listing please also provide the name used to identify the User on the Platform. (b) A description of your intellectual property right(s) that you claim has/have been infringed. Please provide the copy of Trademark Certificate / Copyright Registration Certificate / Patent Registration Certificate. [Please also provide as to how you have arrived in determining that third party Intellectual Property Rights have been infringed]
- Include the following statement: “I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law.” [Please provide a copy of the authorization Certificate in favor of the applicant]
- Include the following statement: “I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above.”
- Sign the Notice Form.
- Contact information