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.
wahlen.co.in ('Website') is an online service you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at email@example.com . We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
2.1 : The website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) Provides a platform for users (who are Bid, Sale, Purchase, higher Services & Manpower placement) to advertise, exhibit, make available and offer to sell various products to other users (who are buyers / Seller), and (b) A platform for such other users to accept the offer to sell of the products made by the sellers on the website and to make payments to the sellers for purchase of the products, and (c) Services to facilitate the engagement of buyers and sellers to under commerce on the website, and (d) Such other services as are incidental and ancillary thereto. The services are offered to the users through various modes which may include issue of coupons and vouchers that can be redeemed for various products.
3.2 : Wahlen 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 (defined hereunder) on the website. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another person.
4.1 : You may access and use the website and the services either as a registered user or as a guest user. However, not all sections of the website and services will be accessible to guest users.
4.2 : Registered users: Wahlen makes certain sections of the services available to you through the website only if you have provided Wahlen certain required user information and created an account and a Wahlen id through certain log-in id and password ("account"). you can create your account on the website through logging in by your third party website user id and password.
In the event you 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 and security of the account information, and are fully responsible for all activities that occur under your account. you agree to (a) immediately notify Wahlen of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Wahlen cannot and will not be liable for any loss or damage arising from your failure to comply with this section. you may be held liable for losses incurred by Wahlen or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
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.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Wahlen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wahlen has the right to suspend or terminate your account and refuse any and all current or future use of the website / services (or any portion thereof).
4.3 : Guest users: The website also allows limited access to the services for unregistered users (also called as 'guest users'). Such users will be able to browse the website and use the services for the purpose of view.
5.1 : Subject to compliance with the agreement(s), Wahlen grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this website and the services provided therein.
5.3 : You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that your access on the website in accordance with clause 7.
5.4 : You agree not to access (or attempt to access) the website or services by any means other than through the interfaces that are provided by Wahlen. 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, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.
5.5 : If you believe that any content or user content (as defined herein) or other content available on the website does not comply with the terms of the agreement(s) or applicable law, you may report such content in the manner prescribed under clause 14 herein.
5.6 : The website may allow you to post certain content, data or information of your own such as allowing you to rate products, seller, post your comments, and reviews in relation to products on specific pages of the website, as well as submit any suggestions, comments, questions or other information to Wahlen using the website / services (collectively referred to "user content"). You, being the originator of the user content, are responsible for the user content that you upload, post, publish, transmit or otherwise make available on the website. You represent that you have obtained all relevant consents and approvals in order to post any user content. You further represent that all such user content will be in accordance with applicable law. You acknowledge that Wahlen does not endorse any user content on the website and is not responsible or liable for any user content. Wahlen reserve the right to disable access to the user content on the website.
5.8 : You agree, understand and acknowledge that the website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various users may electronically meet and interact with each other to engage in commerce and transact. you further agree and acknowledge that Wahlen is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products on the website. Wahlen is not the seller of the products. Accordingly, any contract for the sale / purchase of products on the website is a bipartite contract between you and the sellers (if you are a buyer) or you and the buyer (if you are a seller). Wahlen neither recommends you to buy or sell any products on the website nor does Wahlen endorses any such products and nor does Wahlen provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products on the website. further, Wahlen does not guarantee, warranty or provide any assurance on the behaviour of any user of the website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner.
5.9 : When you use the website and/or the services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or content that:
5.12 : You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
5.13 : You shall use this website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
5.14 : You may need to install updates that we or any third party introduce from time to time to use the services, products, website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "updates"). Your use of the products or website you have installed requires that you have agreed to receive such automatically requested updates.
5.15 : Any purchase of the products from the website will be strictly for personal use of the user. The user hereby expressly agrees that any merchandize or services purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the products purchased are not transferrable to any third party for profit. accordingly, Wahlen reserves the right to cancel any orders that classify as 'bulk order' as determined by Wahlen as per certain criteria. Any rewards or benefits provided by Wahlen and used by you for placing the 'bulk order' will not be refunded. An order can be classified as 'bulk order' if it meets certain criteria adopted by Wahlen for the purpose of identifying 'bulk order', including but not limited to:
5.16 : There may be certain orders that Wahlen is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Wahlen's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the website service, force majeure, credit limitations or suspected fraud.
5.17 : In case buyer purchases multiple products in one transaction, the seller(s) may deliver all such products together. However, this may not always be possible. If buyer purchases multiple products in a single transaction, then all the products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the products to different addresses, then buyer should purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the products can be made to the person who is present at the shipping address provided by you.
5.18 : In certain cases, where buyer requires certain services in relation to a product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Wahlen for the same, Wahlen may inform the seller to provide or facilitate the provision of such services to the buyer. Wahlen is not and shall not be obliged to provide any such additional services. Wahlen's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
5.19 : You represent and warrant that (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.
6.1 : Except as expressly indicated to the contrary in any applicable additional service terms, Wahlen hereby grants you a non-exclusive, revocable and non-transferable right to view, Download and print product catalogues available on the website, subject to the following conditions:
6.2 : 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.
6.3 : Any software that is available on the website is the property of Wahlen or its vendors. You may not use, download or install any software available at the website, unless otherwise expressly permitted by the agreement or by the express written permission of Wahlen.
7.1 : 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 Wahlen or its licensors 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. Through your use of the website, by no means are any rights impliedly or expressly granted to you in respect of such content. Wahlen reserves the right to change or modify the content from time to time at its sole discretion.
7.2 : The trademarks, logos and service marks displayed on the website ("marks") are the property of Wahlen or their vendors/seller or respective third parties. You are not permitted to use the marks without the prior consent of Wahlen, the vendor/seller or the third party that may own the marks.
7.3 : Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Wahlen owns all intellectual property rights to and into the trademark "Wahlen", 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.
7.4 : 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 Wahlen or thirty party owner of such content.
8.1: General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the website ("third party content"). The provision of third party content is for general informational purposes only. You acknowledge that the third party content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the website. All third party content is provided on an 'as is' basis. Wahlen may not own / have the rights and title to any such third party content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any third party content. Wahlen shall not be held liable for any loss suffered by you based on your reliance on or use of such third party content.
8.2 : In the event any third party content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Wahlen makes no warranty or representation regarding, and does not endorse, any website linked to the website / services or the information appearing thereon or any of the products or services described thereon.
9.2 : To the maximum extent permitted by applicable law, Wahlen will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Wahlen also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.
9.3 : You expressly understand and agree that, to the maximum extent permitted by applicable law Wahlen 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, either with or without your knowledge. Wahlen has endeavored to ensure that all the information on the website is correct, but Wahlen neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Wahlen 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, Wahlen 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 Wahlen '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. Wahlen is not responsible for any typographical error leading to an invalid coupon. Wahlen accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
10.1 : You agree to indemnify, defend and hold harmless Wahlen, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the agreement(s) or (ii) Any claims made by any third party due to, or arising out of, or in connection with, your use of the website or (iii) Any claim that any third party content / content, information or materials provided by you caused damage to a third party or (iv) Your violation of any rights of another, including any intellectual property rights.
10.2 : Wahlen may notify you of any claims which you shall be liable to indemnify Wahlen against. You will then be required to consult with Wahlen regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Wahlen without the express prior written consent of Wahlen which can be withheld or denied or conditioned by Wahlen in its sole discretion.
10.4 : Notwithstanding anything to contrary in the agreement(s), in no event shall Wahlen, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Wahlen 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 content.
11.1 : The agreement will continue to apply until terminated by either you or Wahlen as set forth below. If you want to terminate your agreement with Wahlen, you may do so by (i) Not accessing the website or (ii) Closing your account for all of the services that you use, where Wahlen has made this option available to you.
11.4 : Wahlen 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) Disabling access to the 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 any user content uploaded by you and (iii) Prohibiting further use of the services.
11.5 : You agree that all terminations shall be made in Wahlen's sole discretion and that Wahlen 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.
11.6 : Notwithstanding the foregoing, these such terms of this agreement as are meant to survive termination / expiry of this agreement, will survive indefinitely unless and until Wahlen chooses to terminate them. Wahlen may inform the sellers who have accepted your purchase orders on the website, that this agreement is terminated, and upon such information sellers may cancel the purchase order. Wahlen may also cancel all your non-fulfilled orders on the website without any obligation or liability towards you.
14.1 : When you use the website or send emails or other data, information or communication to Wahlen, you agree and understand that you are communicating with Wahlen through electronic records and you consent to receive communications via electronic records from Wahlen periodically and as and when required. Wahlen will communicate with you by email or by notices on website or electronic records on the website or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed Exclusive of GST. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms and Conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Wahlen prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "Incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc, are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Wahlen website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Wahlen reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Wahlen notice or if it is discovered that you are under the age of 18 years.
Host, display, upload, modify, publish, transmit, update or share any information on the Website that belongs to another person and to which you do not have any right to.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatsoever.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Wahlen does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Wahlen does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Wahlen does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Wahlen accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Wahlen is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Wahlen cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Wahlen shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. Wahlen does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Wahlen does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
6. At no time shall Wahlen hold any right, title or interest over the products nor shall Wahlen have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Wahlen is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Wahlen is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Wahlen hold any right, title or interest over the products nor shall Wahlen have any obligations or liabilities in respect of such contract. Wahlen is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
9. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
10. Wahlen shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
(1) Do not remove any proprietary notice language in all copies of such documents.
(2) Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.
(3) Make no modifications to any such information.
(4) Do not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content").
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Wahlen make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Wahlen is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Wahlen and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, are a commercial use for the purposes of this clause.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
While we strive to provide accurate product and job registration pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.
Our promotional offers/discounts are not site wide and are limited to selected categories. Coupon codes may not be applicable on specific categories or such other product or service as may be determined by us in our sole discretion.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless Wahlen, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Wahlen or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "Incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc, are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
You will not use the Website if you:
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.We may, at our absolute discretion, refuse to register any person or entity as a User.You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation.
(1) To maintain any Comments in confidence.
(2) To pay you any compensation for any Comments.
(3) To respond to any Comments.
You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The wahlen.co.in names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Wahlen or licensed to Wahlen. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Wahlen or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Wahlen and is also protected by Indian and international copyright laws.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Wahlen, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Wahlen on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).
Each User acknowledges: