Terms and Conditions
1. What Is This Document?
2. Terms And Conditions Applicable To Users
- the Indian Contract Act, 1872;
- the Information Technology Act, 2000;
- the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)and;
- the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
- The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of WEBLOONSMALL, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“WEBLOONSMALL Content”),and are protected under copyright, trademark and other applicable laws. You shall not modify the WEBLOONSMALL Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the WEBLOONSMALL Content in any way for any public or commercial purpose or for personal gain.
- WEBLOONSMALL authorises you to view and access the WEBLOONSMALL Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. WEBLOONSMALL, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the WEBLOONSMALL Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of WEBLOONSMALL Content.
- As means to assist the Users in identifying the Products of their choice, WEBLOONSMALL provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, WEBLOONSMALL disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
- Users may make purchases on the Platforms. For the purposes of identifying a User, WEBLOONSMALL may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
- The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
- You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from WEBLOONSMALL on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, WEBLOONSMALL’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by WEBLOONSMALL (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from WEBLOONSMALL that the Product will be delivered. WEBLOONSMALL’s acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by WEBLOONSMALL and a text message and/or email confirming such despatch has been sent to you. WEBLOONSMALL, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
- Any communication from WEBLOONSMALL shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, WEBLOONSMALL may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While WEBLOONSMALL shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, WEBLOONSMALL shall not be held liable for any failure to send such notifications or reminders to you.
- While WEBLOONSMALL shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, WEBLOONSMALL shall not be liable for any interruption that may be caused to your access or use of the Services.
- Access to and registration on the Platforms is free of cost. Although unlikely, WEBLOONSMALL may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by WEBLOONSMALL without serving prior notice on the Users.
- The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. WEBLOONSMALL does not covenant or warrant that:
- the Services will be made available at all times;
- the WEBLOONSMALL Content available on the Platforms is complete, true, accurate or non-misleading; and
- the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
3. User Covenants And Obligations
- As mandated under the provisions of Regulation 3(2) of the IG Rules, WEBLOONSMALL hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Platforms or the WEBLOONSMALL Content;
- transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by WEBLOONSMALL;
- intentionally submitting on the Platforms, false or inaccurate information;
- using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
- copying or duplicating in any manner any of the WEBLOONSMALL Content.
- You are also obligated to:
- refrain from acquiring any ownership rights by downloading the WEBLOONSMALL Content;
- refrain from copying or modifying the WEBLOONSMALL Content available on the Platforms for any purpose;
- comply with all applicable laws in connection with your use of the Platforms;
- not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
- use the Products for personal, non-commercial use.
- You hereby authorise WEBLOONSMALL to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
- WEBLOONSMALL may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, WEBLOONSMALL can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by WEBLOONSMALL as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between WEBLOONSMALL or any person on its behalf and the User or where you have consented to such data transfer.
4. Third Party Information
- All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. WEBLOONSMALL is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
- Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
5. Intellectual Property Rights
- If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@WEBLOONSMALL.COMand let us know of your concerns.
6. Unlawful Or Prohibited Use
- You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. WEBLOONSMALL shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.
- WEBLOONSMALL does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
- The maximum aggregate liability of WEBLOONSMALL, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
9. Term And Termination
10. Dispute Resolution And Governing Law
- All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. WEBLOONSMALL and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
- Arbitration awards shall be reasoned awards and shall be final and binding on WEBLOONSMALL and the disputing User, and shall be enforceable in any court of competent jurisdiction.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested).