The very idea at “Worldwide Hydraulic Professionals” - “WHYPS” is to facilitate the original
equipment manufacturers,
distributors, design engineers, technicians, recruiters and such people connected with
hydraulic/fluid power industry to
interact with each other, share their details, introduce new technology, ideas and developments, and
initiate any
dialogue between the players about anything that is new around the world relevant to hydraulic/fluid
power industry,
products and also career.
-
-
This document is an electronic record 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.whyps.com
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The domain name www.whyps.com ("Website" & “Whyps”) is owned and operated by Maraborox
Infomedia a Pvt. Ltd. Company
(“Company”) registered under the provisions of the Companies Act 2013, where such
expression shall, unless repugnant to
the context thereof, be deemed to include its respective representatives,
administrators, employees, directors,
officers, agents and their successors and assigns.
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
-
The term ‘You’ ‘Your’& ‘User’ shall mean any legal person or entity accessing, using the
services or purchasing
Equipment provided on this Website, who is competent to enter into binding contracts, as
per the provisions of the
Indian Contract Act, 1872;
-
The term ‘Equipment’ shall mean any hydraulic/fluid power Products and machinery listed
for sale on the Website.
-
The term ‘Customer’ shall mean and refer to all those registered Users who wish to post
or view advertisement listed on
the Website or avail the services of the Professionals registered on the Website.
-
The term ‘Professionals’ shall mean and refer to those Users who specialize in any field
of work related to the
Hydraulics and offer their services to Customers on the Website.
-
The term ‘Sponsors’ shall mean and refer to any individual or company who wishes to
sponsor the website by methods of
monetary sponsorships.
-
The term ‘Advertiser’ shall mean and refer to any individual or company who wishes to
advertise their brand or product
on the website for a stipulated fee. This does not include the advertisements on the
website for the sale of hydraulic
products.
-
The term "Content" shall mean and refer to any information that You provide as a
registered User on the Website.
-
The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Users and the
Company individually and
collectively, as the context so requires.
-
The headings of each section in these Terms are only for the purpose of organizing the
various provisions under these
Terms in an orderly manner, and shall not be used by either Party to interpret the
provisions contained herein in any
manner. Further, it is specifically agreed to by the Parties that the headings shall
have no legal or contractual value.
-
The use of the Website by the User is solely governed by these Terms as well as the
Privacy Policy (“Policy”, available
at www.whyps.com/privacypolicy) and any modifications or amendments made thereto by the
Company from time to time, at
its sole discretion. Visiting the home page of the Website and/or using any of the
services provided on the Website
shall be deemed to signify the User’s unequivocal acceptance of these Terms and the
aforementioned Policy, and the User
expressly agrees to be bound by the same. The User expressly agrees and acknowledges
that the Terms and Policy are
co-terminus, and that expiry/termination of either one will lead to the termination of
the other, save as provided in
Section 3 hereunder.
-
The User unequivocally agrees that these Terms and the aforementioned Policy constitute
a legally binding agreement
between the User and the Company, and that the User shall be subject to the rules,
guidelines, policies, terms, and
conditions applicable to any service that is provided by the Website, and that the same
shall be deemed to be
incorporated into these Terms, and shall be treated as part and parcel of the same. The
User acknowledges and agrees
that no signature or express act is required to make these Terms and the Policy binding
on the User, and that the User’s
act of visiting the any part of the Website constitutes the User’s full and final
acceptance of these Terms and the
aforementioned Policy.
-
The Company reserves the sole and exclusive right to amend or modify these Terms without
any prior permission or
intimation to the User, and the User expressly agrees that any such amendments or
modifications shall come into effect
immediately. The User has a duty to periodically check the terms and stay updated on its
requirements. If the User
continues to use the Website following such a change, the User will be deemed to have
consented to any and all
amendments/modifications made to the Terms. In so far as the User complies with these
Terms, he/she is granted a
personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use
the Website.
-
The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those
interested. Sections 1.10.32 and
1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact
original form, accompanied by
English versions from the 1914 translation by H. Rackham.WHYPSby Cicero are also reproduced
in their exact original
form, accompanied by English versions from the 1914 translation by H. Rackham on the website
whyps.com The standard
chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections
1.10.32 and 1.10.33 from
"de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form,
accompanied by English
versions from the 1914 translation by H. Rackham.
-
These Terms shall continue to form a valid and binding contract between the Parties, and
shall continue to be in full
force and effect until:
-
The User continues to access and use the Website; or
-
The Transaction between the Parties, if any, concludes to the satisfaction of both
Parties;
Whichever is longer. The Parties agree that certain portions of these Terms
(“Sections”), such as Sections 16, 17, 18,
21 & 25 shall continue to remain in full force and effect indefinitely, even after the
expiry or termination of these
Terms as contemplated herein.
-
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s
access to the Equipment and
services offered on the Website, or any portion thereof, at any time, without notice or
cause. The User shall continue
to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall
not have the right to
terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
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The Website offers a variety of Services and Equipment related to the field of Hydraulics.
The very idea at “Worldwide
Hydraulic Professionals” - “WHYPS” is to facilitate the original equipment manufacturers,
distributors, design
engineers, technicians, recruiters and such people connected with hydraulic/fluid power
industry to interact with each
other, share their details, introduce new technology, ideas and developments, and initiate
any dialogue between the
players about anything that is new around the world relevant to hydraulic/fluid power
industry, products, career and it
also facilitates buying and selling of hydraulic/ fluid powered products between users by
serving as a platform to
connect them.
"WHYPS" provides a service in media, communication, marketing and advertising across the
world. We aim at providing
quality information and Equipment related to hydraulics/fluid power industry. The Website
also provides a platform where
Hydraulics Professionals who can offer their Professional expertise and services to the
Customers. Customers also have
the option to choose from a long list qualified Professionals with the help of Whyps. Our
network of experienced and
licensed Professionals and contractors stand ready to assist You with a broad range of
Hydraulics Equipment and
Services.
-
To fully avail the services of the Website and use of it, registration is required. In order
to post advertisements to
sell Hydraulic Equipment and to access advertisements for the purpose of purchasing products
from individual sellers
from this Website and avail the services of the listed Professionals, You are required to
register Yourself by providing
the following information which inter alia includes Name, Gender, Date of Birth, Current
Address, User Name, Password,
Email ID, Mobile Number. Users who register with Whyps can view and post advertisments for
Equipment by the and avail
the services of the Website and Professionals.
Registration for this website is available only to those above the age of 18 years, barring
those “Incompetent to
Contract” which inter alia include insolvents. If You are a minor and wish to use the
Website, You may do so through
Your legal guardian and Maraborox Infomedia Pvt.Ltd. reserves the right to terminate Your
account on knowledge of You
being a minor and having registered on the Website or availing any of its services. Further,
at any time during Your use
of this Website, including but not limited to the time of registration, You are solely
responsible for protecting the
confidentiality of Your username and password, and any activity under the account shall be
deemed to have been done by
You. In the case that You provide Us with false and/or inaccurate details or We have reason
to believe You have done so,
We hold the right to permanently suspend Your account.
-
If the Professionals listed on the Website posts information including but not limited to
their photograph, job title,
technical details, product details, news, exhibitions, careers, education details, training
programmes, surveys and
other information on the profile section and on the Website, the Website has the right to
use this Content for marketing
purposes. Information about hydraulic field and industry such as technical articles, news,
events, information,
products, exhibitions, trade shows, conferences, meetings, market trends, new projects,
hydraulic industry articles,
books and magazines, training courses, learning resources, training institutes, newly
launched products, used products,
surplus products, career-job vacancies in different companies, advertisements etc. can be
made available on the Website.
-
Professionls acknowledge and agree that the Website may use, reproduce, adapt, publish,
translate, create derivative
works from, distribute, perform and display any or all photographs, of Professional
obtained through the
Website(“Content”) to create marketing Equipment in whole or in part, in any manner or
media as the Website sees fit,
and
-
Professionls acknowledge and agree that the Website owns all right, title and interest
in and to the Content and any and
all Intellectual Property Rights embodied in the Content.
-
By using this Website, and providing his/her contact information to the Company through the
Website, the User hereby
agrees and consents to receiving calls, autodialed and/or pre-recorded message calls,
e-mails and SMSs from the Company
and/or any of its affiliates or partners at any time, subject to the Policy. In the event
that the User wishes to stop
receiving any such marketing or promotional calls / email messages / text messages, the User
may send an e-mail to the
effect to info@whyps.com with the subject [Stop Promotions]. The User agrees and
acknowledges that it may take up to
seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be
contacted by the Company or
any of its affiliates / partners relating to any service availed of by the User on the
Website or anything pursuant
thereto. It is expressly agreed to by the Parties that any information shared by the User
with the Company shall be
governed by the Policy.
-
The browsing of the Website by the User is free of cost. For the purchase of products as
listed on the advertisement,
the buyer is to contact the seller individually and the website plays no role in the payment
process . Customers may
agree to receive Services and Professionals may agree to provide his/her services to
Customers outside of the Whyps
platform with Customers or Professional identified through the Whyps platform, but only on
the terms set forth in this
Agreement. Prior to contracting outside of the Whyps platform to provide or receive Services
from a
Customer/Professional identified through the Whyps Platform. The Customer agrees to make the
payments with complete
honesty and good faith in accordance with the payments terms stated by the Professionals for
their services availed. The
User takes full responsibility for payment of all taxes and fees that are levied or arise in
the course of use of the
Website.
-
Sponsors or Advertisers shall be required to pay the stipulated amount through an online
payment gateway. To process
such financial transactions, We use third-party electronic payment processors or service
providers (ESPs). As required,
you permanently authorize us to instruct such ESPs to handle Account deposits and
withdrawals from your account. You
also permanently agree that in accordance with your requests as submitted, we may give such
instructions on your behalf.
You agree to be certain by the terms and conditions of use of each appropriate ESP. In the
event of conflict between
these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The Company accepts the following modes of payment:
-
Domestic and international credit cards issued by banks and institutions that are part
of the Visa, Master card & Amex
Card;
-
Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;
As prescribed by the financial institutions issuing the credit or debit cards affiliated
with Visa and MasterCard you
will required to submit your 16-digit credit card number, card expiry date and 3-digit
CVV number (usually on the
reverse of the card) when you make your online transaction using your Credit or Debit
card. You should also have
enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or
the Amex Safekey to complete the
transaction.
The Advertiser or the Sponsor is required to complete the transaction, including making
payment for the service opted
for. Once the payment transaction has been successfully completed, the service will be
processed on receipt of the funds
from the User’s bank or credit card Partnership. It is at this stage that the service order
is successfully placed.
Thereafter, the Equipment purchased by the User will be activated based on successful
completion of verification of
information furnished by the user. On payment of the stipulated fee by the Advertiser and on
receiving the payment, the
advertisement uploaded by him shall be visible on the website.
-
Transactions on the Website are secure and protected. Any information entered by the the
Customer when transacting on
the Website is encrypted to protect the User against unintentional disclosure to third
parties. The User’s credit and
debit card information is not received, stored by or retained by the Company/Website in any
manner. This information is
supplied by the User directly to the relevant payment gateway which is authorized to handle
the information provided,
and is compliant with the regulations and requirements of various banks and institutions and
payment franchisees that it
is associated with.
-
The User agrees and acknowledges that he/she is a restricted user of this Website, and that
he/she:
-
agrees that they are solely responsible to the Company and to any third party for any
breach of Your obligations under
the Terms of Use and for the consequences (including any loss or damage which the
Company or its affiliates or any
Professionals may suffer for any such breach.
-
agrees and acknowledges that the Company is not the seller of the Equipment and the
Company shall in no manner be deemed
to be the responsible for the Equipment on this Website. The Website is only
facilitating a platform for Vendors to sell
the Equipment and engaging the services of Professionals by You.
-
agrees that the Website 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.
-
agrees to provide correct and accurate credit/ debit card details to the approved
payment gateway for any purchases 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.
-
agrees to ensure the email address provided in your account registration is valid at all
times and shall keep your
contact information accurate and up-to-date.
-
agrees to make no representations or warranties or enter into any contracts on behalf of
the Website/Company. Customers
and Professionals may agree to additional terms in their contract productly different
than the standard Terms; however,
nothing in such contract will in any way limit or modify the Company's rights.
-
recognizes, acknowledges and agrees that the Professionals on the Website are not
employees of the Company and that the
Company does not, in any way, supervise, direct, or control their work or services
-
is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or
create derivative works from, transfer, or sell any information or software obtained
from the Website. Any such use /
limited use of the Website will only be allowed with the prior express written
permission of the Company. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of
the Content for commercial or
non-commercial purposes and unwarranted modification of data and information contained
on the Website is expressly
prohibited.
-
agrees not to access (or attempt to access) the Website and/or the Equipment or services
by any means other than through
the interface provided by the Website. The use of 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 its Content, or in any way reproduce or circumvent the navigational structure
or presentation of the Website
or any Content, or to obtain or attempt to obtain any other Content, documents or
information through any means not
specifically made available through the Website will lead to suspension or termination
of the User’s access to the
Website, as detailed in Section 14 hereinbelow. The User acknowledges and agrees that by
accessing or using the Website
or any of the services provided therein, he/she may be exposed to Content that he/she
may consider offensive, indecent
or otherwise objectionable. The Company disclaims any and all liabilities arising in
relation to such offensive Content
on the Website. The User expressly agrees and acknowledges that the Equipment displayed
on the Website are not owned by
the Company/Website, and that the same are the exclusive property of certain third
parties who have chosen to market
their Equipment through the Company’s Website, and that the Company/Website is in no way
responsible for the Content of
the same. The User may however report any such offensive or objectionable Content, which
the Company may then remove
from the Website, at its sole discretion. In places where Website permits the User to
post or upload data/information,
the User undertakes to ensure that such Content is not offensive or objectionable, and
is in accordance with applicable
laws. The User expressly agrees that any such Content that is deemed to be
objectionable/offensive may be removed from
the Website immediately and without notice, and further that the User’s access to the
Website may also be permanently
revoked, at the sole discretion of the Company.
Further undertakes not to:
-
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights of any other
person or entity;
-
Engage in any activity that interferes with or disrupts access to the Website or the
services provided therein (or the
servers and networks which are connected to the Website);
-
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her
affiliation with a person or
entity;
-
Publish, post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, 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 under
any law, rule or regulation currently in force; 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;
-
Post any image/file/data that infringes the copyright, patent or trademark of another
person or legal entity;
-
Upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may
damage the operation of the Website;
-
Download any file posted/uploaded by another user of the Website that the User is aware,
or should reasonably be aware,
cannot be legally distributed in such a manner;
-
Probe, scan or test the vulnerability of the Website or any network connected to the
Website, nor breach the security or
authentication measures on the Website or any network connected to the Website. The User
may not reverse look-up, trace
or seek to trace any information relating to any other user of, or visitor to, the
Website, or any other Customer of the
Website, including any user account maintained on the Website not operated/managed by
the User, or exploit the Website
or information made available or offered by or through the Website, in any manner;
-
Disrupt or interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts,
passwords, servers or networks connected to or accessible through the
Websites/Application or any affiliated or linked
Websites;
-
Collect or store data about other users of the Website.
-
Use the Website or any Product or Content therein for any purpose that is unlawful or
prohibited by these Terms, or to
solicit the performance of any illegal activity or other activity which infringes the
rights of this Website or any
other third party(ies);
-
Violate any code of conduct or guideline which may be applicable for or to any
particular Equipment offered on the
Website;
-
Violate any applicable laws, rules or regulations currently in force within or outside
India;
-
Violate any portion of these Terms or the Policy, including but not limited to any
applicable additional terms of the
Website contained herein or elsewhere, whether made by amendment, modification, or
otherwise;
-
Threaten the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or
public order, or cause incitement to the commission of any cognizable offence, or
prevent the investigation of any
offence, or insult any other nation.
-
Publish, post, or disseminate information that is false, inaccurate or misleading;
-
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
-
Commit any act that causes the Company to lose (in whole or in part) the services of its
internet service provider
("ISP") or in any manner disrupts the services of any other supplier/service provider of
the Company/Website;
Further undertakes not to:
-
In order to generally use and browse through the Website, You need not be a registered
User. However, certain parts or
sections of the Website demand you to register. If registration is required, You agree
to provide us with accurate and
complete registration information.
-
It is the sole responsibility of the user to inform Company of any changes to that
information.
-
Each registration is for a single individual only, unless specifically designated
otherwise on the registration page.
-
You are responsible for maintaining the confidentiality of your account credentials.
-
You shall be responsible for all uses of your account, whether or not authorized by You.
You agree to immediately notify
us of any unauthorized access or use of Your account or password.
-
When a User registers on the Website, You will be asked to provide us with certain
information including, without
limitation, Your name, username, contact number, date of birth, gender, and a valid
email address.
-
Any attempt by the User to use fake/stolen Credit and Debit Cards will result in the
blocking of the User’s account by
the Company.
-
In addition to these Terms of Use, You understand and agree that We may collect and
disclose certain information about
You to third parties. In order to understand how We collect and use your information,
please visit our Privacy Policy at
www.whyps.com
information, please visit our Privacy Policy at www.whyps.com. The User hereby expressly
authorises the Company/Website
to disclose any and all information relating to the User in the possession of the
Company/Website to law enforcement or
other government officials, as the Company may in its sole discretion, believe necessary
or appropriate in connection
with the investigation and/or resolution of possible crimes, especially those involve
personal injury and theft /
infringement of intellectual property. The User further understands that the
Company/Website might be directed to
disclose any information (including the identity of persons providing information or
Content on the Website) as
necessary to satisfy any judicial order, law, regulation or valid governmental request.
All Customers and Professionals are to comply with all laws applicable to them or to
their activities, and with all
posted Website’s Policies, which are hereby incorporated into this Agreement by
reference. These policies may be
modified from time to time at Website's discretion, and the currently effective policies
will be deemed to be part of
this Agreement.
The Professional are responsible for providing all tools and Equipment necessary to
complete the Contract, unless
explicitly stated in advance by the Customer. Professionals agree to respond to all
Customer communications and requests
for information within one business day. If the Professionals are unable to meet this
requirement due to an absence,
he/she is expected to notify the Customer at least 2 weeks prior. After the completion
of a contract, the Customer can
provide timely, honest and objective feedback on the Professionals.
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.
The User expressly agrees and acknowledges that the Company/Website has no obligation to
monitor the Content posted on
the Website, but that it has 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.
Notwithstanding this right, the User
remains solely responsible for the Content posted on the Website by him/her. In no event
shall the Company/Website
assume or be deemed to have any responsibility or liability for any Content posted, or
for any claims, damages or losses
resulting from use of any such Content and/or the appearance of any Content on the
Website. The User hereby represents
and warrants that he/she has all necessary rights in and to all Content provided as well
as all information contained
therein, and that such Content does not infringe any proprietary or other rights of any
third party(ies), nor does it
contain any libellous, tortuous, or otherwise unlawful or offensive Content, and the
User hereby accepts full
responsibility for any consequences that may arise due to the publishing of any such
Content on the Website.
-
Communication with userGo to top
When the User decides to contact the Website they can do so by through Phone or email and
gives consent so that the
Website can contact the consumer. The Website shall send notifications to consumers through
email, SMS notification
feature to inform about current promotional offers and discounts. User/Customer shall
contact the Company for any
Equipment related queries through Phone or email.
-
Suspension of user access and activityGo
to top
Notwithstanding other legal remedies that may be available to it, the Company may in its
sole discretion limit the
User’s access and/or activity by immediately removing the User’s access credentials either
temporarily or indefinitely,
or suspend/ terminate the User’s membership, and/or refuse to provide User with access to
the Website, without being
required to provide the User with notice or cause:
-
If the User is in breach of any of these Terms or the Policy;
-
If the User has provided wrong, inaccurate, incomplete or incorrect information;
-
If the User’s actions may cause any harm, damage or loss to the other users or to the
Website/Company, at the sole
discretion of the Company.
-
Confidential informationGo to top
Confidential Information shall mean any information disclosed by the Customers/Professionals
related to the project
undertaken by an agreement by both Parties. However, Confidential Information shall not
include information that: (a) is
now or subsequently becomes publicly known through no wrongful act or omission of the
Professional or anyone to whom it
discloses such information; (b) the Professionals can demonstrate by written records to have
had rightfully in the
Customers possession, free of restriction, prior to the date of this Agreement; (c) the
Professionals can demonstrate by
written records to have obtained on or after the date of this Agreement, rightfully and free
of restriction, from a
third party who has the right to transfer or disclose it, provided that it was not acquired,
directly or indirectly,
from the customer; (d) the Professionals can demonstrate by its written records to have been
independently developed.
All Professionals using the Website acknowledge that certain information disclosed by
Customer may be confidential and,
if so, must be protected. All Confidential Information and its embodiments and derivatives
shall remain the sole and
exclusive property of the customer and no license or other right with respect to
Confidential Information is granted or
implied hereby.
-
Indemnity and limitationsGo to top
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and
the Company, its parent,
subsidiaries, affiliates, employees, directors, officers, agents and their successors
and assigns from and against any
claims, damages, costs, liabilities and expenses (including, but not limited to,
reasonable attorneys' fees) arising out
of or related to (a) your access to or use of the Platform(s); (b) any Discussions or
Messages you provide; (c) your
violation of these Terms and Conditions; (d) your violation of any rights of another;
(e) your conduct in connection
with the platform(s); or (f) any Equipment or services purchased or obtained by you in
connection with the platform(s).
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to
reach a settlement with any party
without Our consent.
Each Customer shall indemnify, defend and hold harmless the Company from any and all
claims, damages, liabilities,
costs, and expenses (including, but not limited to, reasonable attorneys' fees and all
related costs and expenses)
arising from or relating to: (i) such Customer’s use of services, including without
limitation claims by or on behalf of
any Professional’s compensation; (ii) any Service Contract entered into between such
Customer and a Professional; or
(iii) any breach of their obligations set forth herein.
Each Professional shall indemnify, defend and hold harmless the Company from any and all
claims, damages, liabilities,
costs, and expenses (including, but not limited to, reasonable attorneys' fees and all
related costs and expenses)
arising from or relating to: (i) such Professional's provision of services, (ii) any
contract entered into between such
Professional and a Customer; or (iii) any breach of their obligations set forth herein.
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Intellectual property rightsGo to top
Unless expressly agreed to in writing, nothing contained herein shall give the User a
right to use any of the Website’s
trade names, trademarks, service marks, logos, domain names, information, questions,
answers, solutions, reports and
other distinctive brand features, save according to the provisions of these Terms. All
logos, trademarks, brand names,
service marks, domain names, including designs, and graphics created by and developed by
the Website and other
distinctive brand features of the Website are the property of the Company. Furthermore,
with respect to the Website
created by the Company, the Company shall be the exclusive owner of all the designs,
graphics and the like, related to
the Website.
The User may not use any of the intellectual property displayed on the Website in any
manner that is likely to cause
confusion among existing or prospective users of the Website, or that in any manner
disparages or discredits the
Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the Equipment sold are creations of their respective owners, and
all intellectual property,
including but not limited to copyrights, relating to said Equipment resides with the
said owners, and that at no point
does any such intellectual property stand transferred from the aforementioned owners to
the Website/Company, or to the
User. The User is aware that the Company merely provides a platform through which the
aforementioned Equipment are
listed for sale to the Users of the Website, and neither the Company nor the Website
owns any of the intellectual
property relating to the Equipment displayed on the Website.
The Intellectual Property Rights subsisting or which subsequently subsists in all
Equipment or any other shall belong to
the Manufacturers absolutely and they shall not be reproduced or disclosed or used in
their original or translated form
by the Customer without the Manufacturer’s or the Website’s written consent for any
purpose other than that for which
they were furnished. Whyps shall contact the Manufacturer to obtain any such permission
sought by the Customer.
The Website accepts no responsibility for the accuracy and authenticity of Equipment or
specifications supplied by the
Manufacturer. The Customer shall indemnify the Manufacturer and Whyps against all claims
whatsoever for damages and
costs and against all liability in respect of any infringement of patent or other
intellectual property rights resulting
from compliance with the Customer’s instructions express or implied and the Customer
will fully indemnify the
Manufacturer and Whyps against any liability in respect thereof and shall pay all costs
and expenses which may be
incurred by the Manufacturer and Whyps in reference to any such claim.
We at Whyps respect the intellectual property of others. In case you feel that your work
has been copied in a way that
constitutes copyright infringement you can write to us at info@whyps.com.
The User is further aware that any reproduction or infringement of the intellectual
property of the aforementioned
owners by the User will result in legal action being initiated against the User by the
respective owners of the
intellectual property so reproduced / infringed upon. It is agreed to by the Parties
that the Contents of this Section
shall survive even after the termination or expiry of the Terms and/or Policy.
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Dislaimer of warranties and liabilitiesGo
to top
Except as otherwise expressly stated on the Website, all Equipment offered on the
Website are offered on an "as is"
basis without any warranty provided by the Website whatsoever, either express or implied
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All commercial/contractual terms are offered by and agreed between the buyer and the
seller. The Company pays no role
other than connecting the buyer and the seller.
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The Company/Website is not responsible for any non-performance or breach of any
contract entered into between Customers
and Professionals. The Company/Website shall not and is not required to mediate or
resolve any dispute or disagreement
between Customers and Professionals.
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The Company/Website does not make any representation or Warranty as to specifics
(such as quality, value, salability,
etc.) of the Equipment proposed to be sold or offered to be sold or purchased on the
Website. The Company/Website does
not implicitly or explicitly support or endorse the sale or purchase of any
Equipment on the Website.
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The User understands and agrees that the Website uses commercially reasonable
efforts to display the colors of the
Equipment accurately via the Website and services. However, because individual
computer monitors may display colors
differently, the Website is not responsible for the color accuracy of any Equipment
displayed on the Website and
services, and disclaims all liability in this regard.
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The User agrees and undertakes that he/she is accessing the Website and transacting
at his/her sole risk and are that
he/she is using his/her best and prudent judgment before purchasing any Equipment
listed on the Website or availing any
services of the listed Professionals, or accessing/using any information displayed
thereon.
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The Website and the Company accepts no liability for any errors or omissions,
whether on behalf of itself, Professionals
or third parties, or for any damage caused to the User, the User’s belongings, or
any third party, resulting from the
use or misuse of any Equipment purchased or service availed of by the User from the
Website.
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The User is solely responsible for the security and confidentiality of his/her
credit/debit card details. The Company
expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of Your credit/ debit card.
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The Company/Website 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 the Website with our acquiring bank from time to
time.
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It is further agreed to by the Parties that the Contents of this Section shall
survive even after the termination or
expiry of the Terms and/or Policy
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The User hereby represents and warrants that he/she owns or otherwise controls all of
the rights to the Content
contributed as advertisements to the Website, and that use of such Content by the
Company/Website does not infringe upon
or violate the rights of any third party. In the event of any action initiated against
the Company/Website by any such
affected third party, the User hereby expressly agrees to indemnify and hold harmless
the Company/Website, for its use
of any such information provided to it by the User. The Company reserves its right to
defend itself in any such legal
disputes that may arise, and recover the costs incurred in such proceedings from the
User.
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Neither the Company nor the Website shall be liable for damages for any delay or failure
to perform its obligations
hereunder if such delay or failure is due to cause beyond its control or without its
fault or negligence, due to Force
Majeure events including but not limited to acts of war, acts of God, earthquake, riot,
sabotage, labor shortage or
dispute, internet interruption, technical failure, breakage of sea cable, hacking,
piracy, cheating, illegal or
unauthorized.
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Dispute resolution and jurisdictionGo to
top
It is expressly agreed to by the Parties hereto that the formation, interpretation and
performance of these Terms and
any disputes arising herefrom will be resolved through a two-step Alternate Dispute
Resolution (“ADR”) mechanism. It is
further agreed to by the Parties that the Contents of this Section shall survive even
after the termination or expiry of
the Terms and/or Policy.
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Mediation:
In case of any dispute between the parties, the Parties will attempt to resolve
the same amicably amongst
themselves, to the mutual satisfaction of both Parties. In the event that the
Parties are unable to reach such an
amicable solution within thirty (30) days of one Party communicating the existence
of a dispute to the other Party, the
dispute will be resolved by arbitration, as detailed hereinbelow;
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Arbitration:
In the event that the Parties are unable to amicably resolve a dispute by
mediation, said dispute will be
referred to arbitration by a sole arbitrator to be appointed by the Company, and the
award passed by such sole
arbitrator will be valid and binding on both Parties. The Parties shall bear their
own costs for the proceedings,
although the sole arbitrator may, in his/her sole discretion, direct either Party to
bear the entire cost of the
proceedings. The arbitration shall be conducted in English, and the seat of
Arbitration shall be the city of kochi, in
the state of Kerala, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into
between the Parties are
governed by the laws, rules and regulations of India, and that the Courts at
Pathanamthitta district, Kerala shall have
exclusive jurisdiction over any disputes arising between the Parties.
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We may modify, replace, refuse access to, suspend or discontinue the Services,
partially or entirely, or add, change and
modify prices for all or part of the Services for You or for all Users at any time
and in Our sole discretion. These
changes shall become effective upon providing a notice of the same to You via email/
the home screen of the Website. We
further reserve the right to withhold, remove and or discard any Content available
as part of Your account, with or
without notice, if deemed by Us to be contrary to this Agreement.
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The Company has no obligation to provide You with a copy of the information You or
any other User provides on the
Website or that the Website has accessed.
-
Further, We reserve the right, in Our sole discretion, to modify or replace any part
of this Agreement at any time,
effective upon the date of giving Users notice of the same. Notice shall be provided
of such change via email to the
Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or
receiving email communication. We
are not responsible if any email notice gets caught by Your SPAM folder, or if You
do not see the email, or if You have
given us an incorrect email id or if for any other reason You do not receive the
email notice. Therefore, we encourage
you to frequently open the Website to monitor any changes. Your continued use of or
access to the Services following the
posting of any changes to this Agreement constitutes acceptance of those changes. We
may also, in the future, offer new
services and/ or features through the Website. Such new features and/ or services
shall be subject to the terms and
conditions of this Agreement.
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Any and all communication relating to any dispute or grievance experienced by the User
may be communicated to the
Company by the User reducing the same to writing, and sending the same to the registered
office of the Company by
Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).
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We encourage You to read our Privacy Policy and to use the information it contains to
make informed decisions regarding
Your personal information. Please also note that certain information, statements, data
and Content (such as but not
limited to photographs) which You provide on the the Website are likely to reveal Your
gender, ethnic origin,
nationality, age, and/or other personal information about You. You acknowledge and agree
that your submission of such
information is voluntary on Your part. Further, You acknowledge, consent and agree that
we may access, preserve, and
disclose information You provide to Us at any stage during Your use of the Website.
Disclosures of information to Third
Parties are further addressed in Our Privacy Policy.
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Miscellaneous provisionsGo to top
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Entire Agreement: These Terms, read with the Policy form the complete and
final contract between the User and the
Company with respect to the subject matter hereof and supersedes all other
communications, representations and
agreements (whether oral, written or otherwise) relating thereto;
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Waiver:
The failure of either Party at any time to require performance of any provision
of these Terms shall in no
manner affect such Party's right at a later time to enforce the same. No waiver by
either Party of any breach of these
Terms, whether by conduct or otherwise, in any one or more instances, shall be
deemed to be or construed as a further or
continuing waiver of any such breach, or a waiver of any other breach of these
Terms.
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Severability: If any provision/clause of these Terms is held to be invalid,
illegal or unenforceable by any court or
authority of competent jurisdiction, the validity, legality and enforceability of
the remaining provisions/clauses of
these Terms shall in no way be affected or impaired thereby, and each such
provision/clause of these Terms shall be
valid and enforceable to the fullest extent permitted by law. In such case, these
Terms shall be reformed to the minimum
extent necessary to correct any invalidity, illegality or unenforceability, while
preserving to the maximum extent the
original rights, intentions and commercial expectations of the Parties hereto, as
expressed herein.
The Terms of Service shall govern your use of the site www.whyps.com. The said terms and conditions
may be amended from
time to time on the website and the Customer including potential Customer is advised to periodically
check for
applicable terms and conditions. The Company does not make any representation or Warranty as to
specifics (such as
quality, value, salability, etc.) of the Equipment proposed to be sold or offered to be sold or
purchased on the
Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of
any Equipment on the
Website.
The Website is merely a platform which facilitates the sale of Hydraulic Equipment and a venue where
Users may act as
Customers or Hydraulics Professionals. The Website is not a party to any contracts between Customers
and Hydraulics
Professionals. The Website has no control over the said Professionals or over the services promised
or rendered by the
said Professionals. The Website makes no representations as to the reliability, capability, or
qualifications of any
Professionals or the quality, security or legality of any services and The Website disclaims any and
all liability
relating thereto.