General
www.wheelyfine.com (“Website”) is an internet based e-commerce portal owned and operated by Wheelyfine, a company incorporated in adherence with the corporate law of India.
The visitors of the website are offered to use the website for commercial activity on the condition of acceptance of all the term & conditions and notices mentioned in the Terms of Sale. The terms & conditions and notices are subject to change at any moment as considered adequate by Wheelyfine at its sole discretion. The amendments shall be posted on the website from time to time.
User Accounts, Password, and Security
- Inform Wheelyfine immediately in case of any unauthorised activity or suspicion of unauthorised activity or security breach of any kind.
- Log-out of their respective accounts at the end of each session.
User Obligations
- Harass, defame, abuse, threaten or stalk other users or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files on the website 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 or licenses;
- 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;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India;
- 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; and
- 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.
- Notwithstanding anything to contrary, Wheelyfine is entire liability to you shall be the refund of the money charged from you for any specific product, under which the unlikely liability arises. Under no circumstance shall Wheelyfine be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
Usage Conduct
The users shall adhere to but not limited to activities mentioned herewith:
- The user is solely responsible for managing and maintaining the necessary equipment and network connections that will be required to access the website and conduct business transactions.
- The user is under the obligation to use the Website for reasonable and lawful purposes only. The user shall not use the website for any activity other than those specified by the Website.
The user shall use the Website and any product/products purchased through the Website for personal use only. Re-sale of the goods purchased on the Website shall be considered unlawful commercial activity.
Intellectual Property Rights
Wheelyfine will contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wheelyfine, and Wheelyfine 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. Wheelyfine is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Wheelyfine provides links of online advertisements to the user only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Wheelyfine of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Wheelyfine. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
Disclaimer of Warranties & Liability
Wheelyfine has endeavoured to ensure that all the information on the Website is accurate, but Wheelyfine neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Wheelyfine be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Wheelyfine 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, Wheelyfine 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 Wheelyfine’s 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
The user agrees to indemnify, defend and hold harmless Wheelyfine 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 Wheelyfine 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.
Termination
- The user’s account may be terminated and be suspended from using the Website or any related service, at any time deemed fit by Wheelyfine.
- Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Wheelyfine chooses to terminate them.
- In the event of the user or Wheelyfine terminating the account, all data, content or material associated with that particular account may be removed. Wheelyfine or any third party shall not be liable for any loss or damage occurring due to the same.
Revisions to these Terms and Conditions
The terms & conditions mentioned herewith may be revised at any time and regularly whenever Wheelyfine deems fit. The users are advised to visit the page from time to time to review the modifications/amendments made to the TnC as they are solely binding on the user. Certain sections/provisions of the TnC may be superseded by legal notices or terms mentioned on particular pages of the Website.
Typographical Errors and Price Changes
In the event of product listed at an incorrect price, Wheelyfine reserves the right to refuse or cancel orders arising due to such discrepancy. If and when the manufacturer of the product changes the product price, Wheelyfine shall make the necessary changes in timely manner. Wheelyfine reserves the right to refuse or cancel such orders irrespective of whether the order has been automatically confirmed or the price has been debited from the customer’s account. In case of cancellations Wheelyfine will reimburse the incorrect price value to the customer’s account.
Reviews
Visitors may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In the event when users submit material, and unless indicated otherwise, the users grant Wheelyfine, or its assignees, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The users grant Wheelyfine, or its assignees, the right to use the name that they submit in connection with such content, if they choose. The users represent and warrant that they own or otherwise control all of the rights to the content that they post; that the content is accurate; that use of the content they supply does not violate this policy and will not cause injury to any person or entity; and that they will indemnify Wheelyfine for all claims resulting from content they supply. Wheelyfine has the right but not the obligation to monitor and edit or remove any activity or content. Wheelyfine takes no responsibility and assumes no liability for any content posted by the users or any third party.
