TERMS OF SERVICE TO COMPLY
You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The utilization of the SMS service from Waffor Retail Solutions Private Limited (“Company”) is subject to the following Terms of Service.
Company’s services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation or material which infringes intellectual property rights of a third party is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
You agree that all numbers or email id given to Company belong to your customers only. Company shall not have any liability caused due to wrong or misleading numbers given by you to the Company and you shall indemnify Company and its personnel with respect to the same.
You agree that you will be responsible for getting necessary consent forms signed from Customer and also shall ensure subsequent consents required from Customers with respect to the SMS services.
You shall not post or transmit using sms services any material, which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give the right to civil liability or otherwise violate any law.
Any conduct by you that in the Company discretion that is violation of TRAI regulations or other applicable law would grant the Company the right to suspend SMS services immediately without any liability.
You accept that the sms service is provided for professional use only and you agree not to use it to:
Promote gambling or deception.
Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
Harvest, or otherwise collect information about others, without their consent.
Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind.
Transmit any material that contains viruses, Trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
Interfere with others use and enjoyment of the service.
Engage in any other activity that the Company believes could subject it to criminal liability or civil penalty/judgment.
You understand that all sms service you are opting for from the Company are regulated Telecom Regulation Authority of India and shall strictly be in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You will indemnify Company and their directors, officers and employees (“referred as personnel”) against all types of losses and damages incurred by Company due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any non compliance of law or breach of terms and conditions by you or due to a wrong number or email id being provided by you for any reason whatsoever.
You also agree that you are fully aware of and well conversant with the "Telecom Commercial Communications Customer Preference Regulations 2010" issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication ("UCC Regulations") and you acknowledge that you are fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions against the violation of the UCC Regulations. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is as follows:
You undertake to compensate, indemnify, defend, and hold Waffor, its officers, directors, agents, and employees (each, an “Indemnitee” and collectively, the “Indemnitees”) harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments (collectively “Claims”), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Waffor, by reason of any claim arising out of or relating to the content of the sms services, violations, breach of TRAI Regulations by customer, breach of confidential information and/or third party intellectual property, any act, error or omission, or misconduct during the performance of this Agreement, including, without limitation, claims arising out of or relating to: (a) bodily injury (including death) or damage to tangible personal or real property; (b) violation of any law or regulation; or (c) breaches of any representations made in this undertaking or Agreement.
The parties agrees to submit themselves to the jurisdiction of courts at Chennai. Governing law is laws of Republic of India.
AGREED AND ACCEPTED BY
END USER AGREEMENT
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
"Website" means www.waffor.com.
"Vendor" shall mean the person or any legal entity who offers for sale, displays the information or coupons of its products or services in the Website.
"User/You" means and includes you and/or any person or an entity using or accessing the services provided on this Website and any person who access or avail this site.
"Fee" is an amount that may charged by Waffor for the services provided from time to time.
Governing Terms and Conditions
This Agreement together with other terms and conditions of Waffor and Vendor contained in the Website shall constitute the entire understanding between you and Waffor regarding the services provided in the Website. Coupons that are redeemed are also subject to other terms and conditions contained in the Website. Waffor provides an opportunity to its Users to avail value deals from a number of Vendor, with which Waffor has an association, at discounted prices by issue of coupons that can be redeemed up to a certain validity period from outlets of the Vendor ("Coupons"). By downloading Coupons from the Website , you make an offer to us to purchase Coupons for buying / availing specific products and/or services which you have selected based on Waffor's standard terms and conditions, Vendor-specific restrictions and on these End User Agreement. Waffor may or may not charge fee for the services provided in the Website at its discretion.
All Coupons are promotional vouchers and shall be subject to the standard terms and conditions and Vendor specific terms and conditions. Coupons are issued on behalf of the Vendors and only such Vendors, to the exclusion of Waffor, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Vendors or which arises out of the goods and/or services provided by the Vendor, as well as for any unclaimed property liability arising from unredeemed Coupons.
Purchase and Sale of Products and/or Services
Waffor takes no responsibility for the services and/or products for which Coupons may be redeemed. Further, Waffor makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the Waffor Coupons may be redeemed.
You understand that Waffor takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the Waffor Coupons can be redeemed. Waffor is mere distributor of information and Waffor is also not responsible for the information of Vendors provided in the Website.
Third Party Content
Neither Waffor nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Under no circumstances will Waffor be liable for any loss or damage caused by User's reliance on information obtained through the Website including information on discounts. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.
Website contains links to third party websites maintained by other content providers or Vendors. These links are provided solely as a convenience to you and not as an endorsement by Waffor of the contents on such third-party websites and Waffor hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other users not under contract with Waffor .Waffor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Waffor employee / spokespersons while acting in official capacities.
The Website and the service and any purchase are directed solely at those who access the Website from the Republic of India. Waffor makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
Compliance with laws
This Website is intended for use only in India, and other territories as designated by Waffor. You agree that you will comply with all laws applicable. That you will use the services provided by Waffor, its affiliates, consultants and Vendors, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
Disclaimer of Warranties
THIS WEBSITE AND ALL SERVICES ACCESSIBLE THROUGH IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WAFFOR HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE WEBSITE AND RELATED SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.
You may not use the Website for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Website.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Website.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Waffor 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 with Waffor. Such disclosure, submission or offer of any Comments shall constitute an assignment to Waffor of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Waffor owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Waffor 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.
Waffor does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Waffor 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 Waffor and its affiliates for all claims resulting from any Comments you submit. Waffor and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
This User Agreement is effective unless and until terminated by either you or Waffor. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. Waffor may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to Waffor. Upon any termination of the Agreement by either you or Waffor, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Agreement or otherwise. Waffor's right to any Comments shall survive any termination of this Agreement.
Intellectual Property Rights
All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or Vendor and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
You agree to defend, indemnify and hold harmless Waffor, 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 Waffor 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 Agreement or arising out of the 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 Agreement.
Limitation of liability
In no event shall waffor be liable for any damages whatsoever, including, without limitation, damages for loss of profits, interruption, loss of information and/or data, or for any indirect, special, incidental, exemplary or consequential damages of any kind arising out of or in connection with this website or the use or inability to use the website, related services or any offer or coupon obtained through the website, however caused and on any theory of liability (whether in contract, tort (including negligence), strict liability or otherwise), even if waffor has been advised of the possibility of such damages. in no event shall waffor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for the services rendered through this website. the above limitation shall apply to fullest extent permitted by law.
Without prejudice to any other provision herein, Waffor shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Waffor's control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Waffor's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
Legal issues arising out of, but not exclusive to the use of, this Website are governed by and in accordance with the laws of India and the parties shall submit to the exclusive jurisdiction of the Courts in Chennai.