TERMS & CONDITIONS
Please read the following terms and conditions very carefully as your
use of service is subject to your acceptance of and compliance with the
following terms and conditions ("Terms").
By subscribing to or using
any of our services you agree that you have read, understood and are bound by
the Terms, regardless of how you subscribe to or use the services. If you do
not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references
to "you", "User" shall mean the end user accessing the
Website, its contents and using the Services offered through the Website,
"Service Providers" mean independent third party service providers, and
"we", "us" and "our" shall mean WeWear Health and
Safety LLP.
Introduction:
a. www.wewear.co.in website ("Website") is an Internet
based content and e-commerce portal owned and operated by WeWear Health and
Safety LLP, a company incorporated under the laws of India.
b. Use of the Website is offered to you conditioned on acceptance
without modification of all the terms, conditions and notices contained in
these Terms, as may be posted on the Website from time to time. wewear.co.in at
its sole discretion reserves the right not to accept a User from registering on
the Website without assigning any reason thereof.
User Account, Password, and Security:
You
will receive a password and account designation upon completing the Website's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)immediately notify
wewear.co.in of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. wewear.co.in cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 2.
Services Offered:
wewear.co.in
provides a number of Internet-based services through the Web Site (all such
services, collectively, the "Service"). One such service enables
users to purchase original merchandise. Upon placing order, wewear.co.in shall
ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The
User hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy of wewear.co.in in respect of the Website. The
user further consents that the terms and contents of such Privacy Policy are
acceptable to him.
Limited User:
The
User agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information or software obtained from the
Website. Limited reproduction and copying of the content of the Website is
permitted provided that wewear’'s name is stated as the source and prior
written permission of wewear.co.in is sought. 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 within the content of the Website is not permitted.
User Conduct and Rules:
You
agree and undertake to use the Website and the Service only to post and upload
messages and material that are proper. By way of example, and not as a
limitation, you agree and undertake that when using a Service, you will not:
a. defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights of others;
b. publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information;
c. upload files that contain software or
other material protected by intellectual property laws unless you own or
control the rights thereto or have received all necessary consents;
d. upload or distribute files that contain
viruses, corrupted files, or any other similar software or programs that may
damage the operation of the Website or another's computer; computer;
e. conduct or forward surveys, contests,
pyramid schemes or chain letters;
f. download any file posted by another
user of a Service that you know, or reasonably should know, cannot be legally
distributed in such manner;
g. falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded;
h. violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
i. violate any applicable laws or
regulations for the time being in force in or outside India; and
j. violate any of the terms and conditions
of this Agreement or any other terms and conditions for the use of the Website
contained elsewhere herein.
User Warranty and Representation:
The
user guarantees, warrants, and certifies that you are the owner of the content
which you submit or otherwise authorised to use the content and that the
content does not infringe upon the property rights, intellectual property
rights or other rights of others. You further warrant that to your knowledge,
no action, suit, proceeding, or investigation has been instituted or threatened
relating to any content, including trademark, trade name service mark, and
copyright formerly or currently used by you in connection with the Services
rendered by wewear.co.in.
Exactness Not Guaranteed:
wewear.co.in
hereby disclaims any guarantees of exactness as to the finish and appearance of
the final Product as ordered by the user. The quality of any products,
Services, information, or other material purchased or obtained by you through
the Website may not meet your expectations. Alterations to certain aspects of
your order such as the merchandise brand, size, color etc.may be required due
to limitations caused by availability of product difference in size charts of
respective brands etc. In this instance you agree that wewear.co.in will send
an approval request via the email address which you submitted when placing your
order. If you do not agree with the requested change you retain the right to
reject the requested production change by replying to it within 10 days of it
being sent to you. wewear.co.in may re-request that you accept a production
alteration one additional time if an alternative method to send your
merchandise is available. If you reject this 2nd request your order will be
cancelled and you will be fully refunded via your initial method of payment.
Intellectual Property Rights:
a. Unless otherwise indicated or anything
contained to the contrary or any proprietary material owned by a third party
and so expressly mentioned, wewear.co.in owns all Intellectual Property Rights
to and into the Website, including, without limitation, any and all rights,
title and interest in and to copyright, related rights, patents, utility
models, trademarks, trade names, service marks, designs, know-how, trade
secrets and inventions (whether patentable or not), goodwill, source code, meta
tags, databases, text, content, graphics, icons, and hyperlinks. You
acknowledge and agree that you shall not use, reproduce or distribute any
content from the Website belonging to wewear.co.in without obtaining
authorization from wewear.co.in.
b. Notwithstanding the foregoing, it is
expressly clarified that you will retain ownership and shall solely be
responsible for any content that you provide or upload when using any Service,
including any text, data, information, images, photographs, music, sound, video
or any other material which you may upload, transmit or store when making use
of our various Service. However, with regard to the product customization
Service (as against other Services like blogs and forums) you expressly agree
that by uploading and posting content on to the Website for public viewing and
reproduction/use of your content by third party users, you accept the User
whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites:
The
Website may contain links to other websites ("Linked Sites").The
Linked Sites are not under the control of wewear.co.in or the Website and
wewear.co.in is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. wewear.co.in is not responsible for any form of
transmission, whatsoever, received by you from any Linked Site. wewear.co.in is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by wewear.co.in or the Website of the Linked
Sites or any association with its operators or owners including the legal heirs
or assigns thereof. The users are requested to verify the accuracy of all
information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of
Liability:
wewear.co.in
has endeavoured to ensure that all the information on the Website is correct,
but wewear.co.in neither warrants nor makes any representations regarding the
quality, accuracy or completeness of any data, information, product or Service.
In no event shall wewear.co.in be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services; (b) unauthorized access to or
alteration of the user's transmissions or data; (c) any other matter relating
to the services; including, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with the use or performance
of the Website or Service. Neither shall wewear.co.in be responsible for the
delay or inability to use the Website or related services, the provision of or
failure to provide Services, or for any information, software, products,
services 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, wewear.co.in 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 wewears control. The user
understands and agrees that any material and/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 and/or data.
Indemnification:
You
agree to indemnify, defend and hold harmless wewear.co.in from and against any
and all losses, liabilities, claims, damages, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by wewear.co.in that arise out of, result
from, or may be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by you
pursuant to these Terms.
Pricing:
Prices
for products are described on our Website and are incorporated into these Terms
by reference. All prices are in Indian rupees. Prices, products and Services
may change at wewear's discretion.
Shipping:
Title
and risk of loss for all products ordered by you shall pass on to you upon
wewear's shipment to the shipping carrier.
Termination:
a. wewear.co.in may suspend or terminate
your use of the Website or any Service if it believes, in its sole and absolute
discretion that you have breached a term of these Terms.
b. Notwithstanding Section 15.1 above,
these Terms will survive indefinitely unless and until wewear.co.in chooses to
terminate them.
c. If you or wewear.co.in terminates your
use of the Website or any Service, wewear.co.in may delete any content or other
materials relating to your use of the Service and wewear.co.in will have no
liability to you or any third party for doing so.
d. You shall be liable to pay for any
Service or product that you have already ordered till the time of Termination
by either party whatsoever. Further, you shall be entitled to your royalty
payments as per the User License Agreement that has or is legally deemed
accrued to you.
Governing Law:
These
terms shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the courts at
Bangalore.
Headings:
The
headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope,
extent or intent of the Terms or the right to use the Website by you contained
herein or any other section or pages of the Website or any Linked Sites in any
manner whatsoever.
Interpretation Of Number And Genders:
The
Terms herein shall apply equally to both the singular and plural form of the
terms defined. Whenever the context may require, any pronoun shall include the
corresponding masculine and feminine. The words "include",
"includes" and "including" shall be deemed to be followed
by the phrase "without limitation". Unless the context otherwise
requires, the terms "herein", "hereof", "hereto",
"hereunder" and words of similar import refer to the Terms as a whole.
Severability:
If
any provision of the Terms is determined to be invalid or unenforceable in
whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision
and all other provisions of these Terms shall continue to be in full force and
effect.
Report Abuse:
As
per these Terms, users are solely responsible for every material or content
uploaded on to the Website. wewear.co.in does not review the contents in any
way before they appear on the Website. wewear.co.in does not verify, endorse or
otherwise vouch for the contents of any user or any content generally posted or
uploaded on to the Website. Users can be held legally liable for their contents
and may be held legally accountable if their contents or material include, for
example, defamatory comments or material protected by copyright, trademark,
etc. If you come across any abuse or violation of these Terms, please report to
a wewearhealth@gmail.com