TERMS AND CONDITIONS
• These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website at www.wheaty.in (the “Site”) of Yumcha LLP.
• “Services” will include business applications like Feedback management.
• “Content” means the content that Wheaty creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, functionalities, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. It will include (but is not limited to) images, photos, audio, video, and all other forms of information or data.
• “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, customer information, and any other materials that you display or are displayed in your account.
General Rules Relating To Conduct
• The website is made available for your own, personal use. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms.
• You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.
• When you use the website you must comply with all applicable laws of India and with any applicable International laws (together referred to as “Applicable Laws”).
• You agree that when using the website you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
I. Use the website in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
II. Attempt to gain unauthorized access to the website or any networks, servers or computer systems connected to the website; or
III. Modify, adapt, translate or reverse engineer any part of the website or re-format or frame any portion of the pages comprising the website, save to the extent expressly permitted by these Terms or by law.
• You agree to indemnify Wheaty and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the website otherwise than in accordance with these Terms or Applicable Laws.
Intellectual Property Rights And Content
• We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services and Our Content. All rights are reserved.
• You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
• To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law right.
• You further acknowledge that the Services may contain information which is designated as confidential by Wheaty and that you shall not disclose such information without Wheaty’s prior written consent.
• Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our Content or our Intellectual Property Rights.
• By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, nonexclusive, royalty-free, right to use Your Content for any purpose including API partnerships with third parties and in any media existing now or in future. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, by any third party services and our and their users.
• You are responsible for Your Content. You represent and warrant that
I. Your Content was not submitted via the use of any automated process such as a script bot;
II. Use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; and
III. Your Content does not violate the Terms or any applicable laws.
• You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
• Wheaty may monetize some of this Content through the use of third party affiliate programs. Not withstanding such affiliate programs, Wheaty does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
• Third party content, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.
• We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services.
• We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services.
• Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates.
• You acknowledge and agree that Wheaty is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
• We assume no responsibility or liability for any of Your Content or any third party content.
• You further acknowledge and agree that Wheaty is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
• These Terms (as amended from time to time) constitute the entire agreement between you and Wheaty concerning your use of the website.
• Wheaty reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the website. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Wheaty.
• These Terms shall be governed by and construed in accordance with Indian laws.
• If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
• Wheaty’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Wheaty in writing.