CONDITIONS OF USE
Website Terms and Conditions for Customers
1.1 www.wepmps.com is an Internet based portal owned and operated by WSL, a company incorporated under the laws of India, with its registered office at Basappa Complex, 40/1A, Lavelle Road, Bangalore – 560 001, India and having CIN. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by WSL at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
2.1 The Website is a platform that facilitates the online payment services offered by WSL's various affiliate/ registered merchants/ vendors/service providers ("Services"). The purchase of products and services on the website shall be governed by the Terms of Offer for Sale entered separately between the Parties (“Terms of Sale”).
3. Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the WSL system by WSL for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by WSL through Your legal guardian in accordance with the applicable laws.
3.2 WSL reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or WSL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WSL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.1 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. WSL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 WSL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by WSL with our acquiring bank from time to time.
5.4 Payment(s) through this Service may only be made with a Credit Card, Debit card, Net Banking or UPI.
5.5 Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank.
5.6 The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to WSL. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service
5.7 You agree, understand and confirm that your personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that WSL or the Payment Service Provider(s) have no control over such matters.
5.8 The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor WSL gives any assurance, that the information so provided online by a user is secured or may be read or intercepted by a third party. WSL does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
5.9 WSL and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall WSL and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
5.10 You agree that WSL or any of its employees will not be held liable by you for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond WSL’s reasonable control.
6. User Obligations
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by WSL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. WSL disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
6.8 You agree that WSL may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.7. Use of Materials
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by WSL.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.4 WSL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by WSL with our acquiring bank from time to time.
9. Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by WSL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of WSL or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of WSL, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Jasper Infotech owns all intellectual property rights to and into the trademark "Snap Deal", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from WSL or thirty party owner of such Content.
10. Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WSL WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WSL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
10.3 WSL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WSL HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT WSL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. WSL SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, WSL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND WSL 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WSL IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WSL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4 WSL SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11. Indemnification and Limitation of Liability
11.3 In no event shall WSL, its officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not WSL has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
11.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
12.2 You agree that WSL may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
13.3 WSL may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
13.4 You agree that all terminations shall be made in WSL's sole discretion and that WSL shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
13.6 If You or WSL terminates Your use of the Website, WSL may delete any content or other materials relating to Your use of the Website and WSL will have no liability to You or any third party for doing so.
15. Report Abuse
17.1 You hereby expressly agree to receive communications by way of SMS, e-mails from WSL relating to Services provided through the Website.
17.2 A User can unsubscribe/ opt-out from receiving communications from WSL through SMS and e-mail anytime by: Visiting http://www.wepmps.com/smsunsubscribe to unsubscribe from messages/ SMS;
18. General Provisions
19. Feedback and InformationAny feedback You provide to this Website shall be deemed to be non-confidential. WSL shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You; (ii) WSL is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) WSL may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from WSL for the feedback under any circumstances.
20. WSL reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.
21. Role of WeP and Service Provider: The WEP online portal is developed, maintained and updated by WEP. The process of payment authorization and receipt, order acceptance and fulfillment, and other physical portions of a transaction are managed by the Service provider. As stated, Service Provider shall be solely responsible for fulfillment of all orders successfully placed through the Store including but not limited to invoicing, payment processing and product delivery to customers. In no event shall WEP, its affiliates, directors, officers, agents, consultants or employees etc. be liable for any purchases made through the WEP Online store. You hereby to the fullest extent permissible waive any and all claims that you may have against WEP and its Representatives arising as a result of or in relation to the WEP online store or purchases made through the WEP Online store including, inter-alia, claims relating to payment and delivery of the products.
22. Limitation of Liability: The liability, if any, of Service Provider and WEP towards a user under this Agreement shall be limited to the amount payable by User to the Service Provider. Neither Service Provider nor WEP shall be liable for any indirect, special or consequential costs or damages of whatever nature, including but not limited to, lost revenues or profits, downtime costs, loss or damage to data or other intangible losses, arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise. This provision does not limit either party’s liability for: unauthorized use of intellectual property, nor any liability which may not be excluded or limited by applicable law.