Privacy Policy

We WECARE.DIGITAL (hereinafter referred to as the “Firm”) having its registered office at The W.B.S.I.D.C. Building Unit No.1/20 1st Floor 81/2/7 Phears Lane, Kolkata - 700012, represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of this Privacy Policy ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This privacy policy contains information about an online website called wecare.digitaltripsiq.app, ritual.gurulegalchamp.app (collectively referred to as “Website”). In order to provide You with Our uninterrupted use of services, We may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.

This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at https://support.wecare.digital

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATERS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

Definitions

  1. “We”, “Our”, and “Us” shall mean and refer to the creators of this privacy policy.
  2. “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
  3. “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
  4. “Third Parties” refer to any website, company or individual apart from the User and the creator of this Website.

Information We Collect

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:

  1. Personal data such as, but not limited to, Name, Age, Email ID, Mobile Number, Address, Username & Password, employment details etc.
  2. Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. [This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer browser information, and other information associated with your interaction with the Site.]

This privacy policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:

  1. To enable the provision of services opted for by you;
  2. To communicate necessary account and service related information from time to time;
  3. To allow you to receive quality customer care services;
  4. To comply with applicable laws, rules and regulations

Where any service requested by you involves a third party, such information as is reasonably necessary by the Firm to carry out your service request may be shared with such third party.

We also do use your contact information to send you offers based on your interests and prior activity. The Firm may also use contact information internally to direct its efforts for service improvement, but shall immediately delete all such information upon withdrawal of your consent for the same through an email to be sent to https://support.wecare.digital

We collect and store your search details on the Website, including your search history, the usage of the website and the features and time you have used the website for.

Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Site. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use. We shall collect and store all such information in our internal servers for a finite period time, as long as you are a User of the Website, and shall immediately delete all such information upon expiry of your Usership. We shall also delete all aforementioned communication upon withdrawal of Usership of any single Party to the communication.

We will not use your financial information for any purpose other than to complete a transaction with you. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt out of any non-essential communications from the Website.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may has been compromised.

At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information.

Our Use Of Your Information

  1. The information provided by You shall be used to
  2. Contact You when necessary and is also used for targeted marketing campaigns i.e. email marketing, remarketing, look alike campaigns etc., to conduct surveys, learn more about You by linking Your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
  3. Improve and develop new products, services, and features;
  4. Analyze purchase, usage and traffic data.

For more details about the nature of such communications, please refer to our Terms of Service. Further, Your personal data and Sensitive Personal data may be collected and stored by Us for internal record.

We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information. We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our website so that we can improve it and cater personalized content/ads according to their preferences.

How Informatiomation Is Collected

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Firm to elucidate the purpose of collection of said personal information, pending fulfilment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us, within the scope of consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

Cookies

We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognise your computer and 'remember' what you've done on the site. The benefits of this are:

  1. You only need to log in once if you're navigating secure areas of the site
  2. Our server can distinguish between your computer and other users, so you can see the information that you have requested.

You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Website. We also use various third-party cookies for usage, behavioural, analytics and preferences data. The following are the different types of Cookies used on the Website:

  1. Authentication cookies: To identify the user and share the content that he or she requested for.
  2. Functionality cookies: For customized user experience and resuming past course progress.
  3. Tracking, optimization and targeting cookies: To capture usage metric on device, operating system, browser etc. To capture behavioral metrics for better content delivery. To cater and suggest most suited products and services.

Google Analytics

We use Google Analytics to help us to understand how you make use of Our content and work out how we can make things better. These cookies follow your progress through our website, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google in order to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The Google website contains further information about Analytics and a copy of Google's privacy policy pages.

External Links On The Website

The Website may include advertisements, hyperlinks to other websites, applications, content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us. You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/products or other materials on or available from such websites or resources. You acknowledge and agree that We are 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. These external websites and resource providers may have their own privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that You enter the external Website and review their privacy policy. If you require a list of third-party links on our Website, please write to us at https://support.wecare.digital and we will provide you with the same.

Your Rights

Unless subject to an exemption, you have the following rights with respect to your personal data:

  1. The right to request a copy of your personal data which we hold about you;
  2. The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
  3. The right to withdraw Your consent to the processing at any time;
  4. The right to object to the processing of personal data;
  5. The right to lodge a complaint with a supervisory authority
  6. The right to obtain information as to whether personal data are transferred to a third country or to an international organization.

Confidentiality

You further acknowledge that the Website may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek for discontinuation of such communications at any point of time.

Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

Our Disclosure Of Your Information

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do, however assure you that any and all disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

a. External Service Providers: There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy.

b. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

Accessing, Reviewing and Changing Your profile

Following registration, You can review and change the information You submitted at the stage of registration, except Email ID. An option for facilitating such change shall be present on the Website and such change shall be facilitated by the User. If You change any information, We may or may not keep track of Your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored ‘back up’ systems. If you believe that any information we are holding on you is incorrect or incomplete, or to remove Your profile so that others cannot view it, the User needs to remediate, and promptly correct any such incorrect information.

Control Of Your Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.

You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You are responsible for all actions taken with your login information and password, including fees. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.

Security

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Firm. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that we have accessed.

Severability

Each paragraph of this privacy policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this privacy policy.

Amendment

Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be at the Website.

Automated Decision Making

As a responsible Firm, we do not use automatic decision-making or profiling.

Consent Withdrawal, Data Download & Data Removal Requests

To withdraw your consent, or to request the download or delete your data with us for any or all our products & services at any time, please email to https://support.wecare.digital from your registered email address.

Contact Us

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to https://support.wecare.digital

Terms of Service

General

“tripsiq.app“ (hereinafter, the “Website”) is owned and operated by WECARE.DIGITAL (hereinafter referred as the “Firm”)”, having its office at the W.B.S.I.D.C. Building Unit No.1/20 1st Floor 81/2/7 Phears Lane, Kolkata – 700012.

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures.

Definitions

  1. For the purpose of these Terms, wherever the context so requires,
  2. “Party” & “Parties” shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires;
  3. “Services” shall refer to facilitation of the platform and the services offered by the Firm on the Website;
  4. “Service Providers” shall mean including, but not limited to the contractors, service providers who provide the Service to the Users;
  5. “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website;
  6. “Third Party” refers to any person other than the “User” the “Firm”, or the “Website”;
  7. “We”, “Us”, “Our”, shall mean the Firm;
  8. “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.

Registration

To use the services provided on the Website, it is compulsory to create an account. A User may also create an account on the Website which shall collect only Your basic information. You also have the option of linking your social media accounts, such as Your Facebook or Google Plus account to create your account with the Website.

You must keep your account and registration details current and correct for communications related to Your purchases from the Website.

At the time of registration, the Firm shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,). If you choose to link your social media account with your account, we collect basic information about you from those social media platforms, such as: name, age, gender, location and e-mail address. Information collected about you is subject to the Privacy Policy of the Firm, which may be read as part and parcel of these Terms of Use.

You are solely responsible for protecting the confidentiality of Your username and password and any activity under the account will be deemed to have been done by You. In the event You provide us with false/inaccurate details or the Firm has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend Your account.

Services Overview

The Website is an online platform which provides Users with a marketplace for travel and tourism related services (hereinafter referred to as “Product”). The Website shall provide the User with access to Holiday Packages, Trade Fair Tour, Customize Tour & Individual Tour, Passport Services, Visa Services, Air Ticketing, Hotel Bookings, Car & Bus Bookings, Medical Tourism, Educational Tours, Transport, etc.

Eligibility

Services on the Website would be available to only select geographies in India. 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.

However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. We reserves the right to terminate or refuse Your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that You are a minor.

Security

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

License and Access

The Firm grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Firm. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Firm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Firm and/or its affiliates without the express written consent of the Firm. You may not use any meta tags or any other “hidden text” utilizing the Firm’s name or trademarks without the express written consent of the Firm.  You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
  10. is misleading or known to be false in any way.

Communications

By using this Website, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by You for the use of this Website which are subject to the Privacy Policy. The User agrees to receive promotional communication and newsletters from the Firm and its partners. These communications can include SMS and Email pertaining to the status and delivery of your Product.

This includes contacting you through information received through other parties. The use of this Website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The User can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by visiting https://support.wecare.digital

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by You will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

Pricing

We do not fix the prices for the goods. The price mentioned at the time of ordering a product shall be the price charged at the time of delivery. The membership of this Website is free and this includes the browsing of the Website and the use of the Services. However, We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to You to decide whether or not You will continue with services offered by Us. Such changes are effective as soon as they are posted on the Website.

We reserve the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. We further reserve the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

In case, there is a short charging by Us for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by the Firm on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.

In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. We are not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

The User shall request Us for any refunds against the unutilized or 'no show' air or hotel booking for any reasons within 90 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds would accordingly be processed as per the defined policies of Airlines, hotels and the Website as the case may be. No refund would be payable for any requests made after the expiry of 90 days as above and all unclaimed amounts for such unutilized or no show air or hotel booking shall be deemed to have been forfeited.

Payment

The following payment options are available on the Website:

  1. Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
  2. Visa & Master Card Debit cards;
  3. Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of “checkout“.

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Firm.

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Firm.

The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Firm has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.

We are not responsible for these third-party services. Such services are dependent on the respective third party’s legal terms. The billing details provided during payment should be up-to- date, such as the billing address and the User’s name. Payment information on the Websiten of Users using Our Services is stored on the database for the respective Website as encrypted using basic encryption which can be decrypted to reveal the original information. This information is provided to Us by the third-party services We use to provide online payment functionality, and hence, may contain certain personal information.

We are not responsible for what information is sent to Us and stored as this is sent to us by a third party and We cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the User is their first name, last name and their address zip code.

Refund

The User shall not be entitled to the refund of the charges deducted as Service Charge. The consideration paid for the services which have been unused shall depend on the person providing the service who shall ensure that the best refund is provided. In certain events the refunds shall be provided in the form of credit notes which can be redeemed for other services on the Website. The refund shall be available only in the event that the same has been done within 7 (seven) days of the order being placed or as mentioned in service voucher/invoice.

User Obligations

You are a restricted user of this website.

  1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. 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.
  2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of 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, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
  3. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
  4. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  5. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  7. Publish, post, disseminate, any information which 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  8. Post any file that infringes the copyright, patent or trademark of other legal entities;
  9. 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;
  10. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  11. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  12. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  13. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
  14. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  16. Violate any applicable laws or regulations for the time being in force within or outside India;
  17. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  18. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  19. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
  20. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  21. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  22. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. The User shall be solely responsible for arranging for the Visa with regards to the trip.

Disclaimers Regarding Products

The Firm does not make any representation or warranties in respect of the products available on the Website nor does the Firm implicitly or explicitly support or endorse the sale or purchase of any products on the Website. The Firm accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Firm does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays.

Confidential Information

“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the sole discretion of the Firm
  4. The Firm shall not encourage any union or any 3rd party involvement in the services provided on the Website, and if it is seen that some 3rd party is getting involved, the Firm holds the right to cancel the particular Firm business plan or registered user’s funds.

Force Majeure

The User agrees that there can be exceptional circumstances where the service operators like the airlines, hotels, the respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If We are informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The User agrees that We are an agent for facilitating the booking services are shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds

The User agrees that in situations due to any technical or other failure in the Website, services committed earlier may not be provided or may involve substantial modification. In such cases, We shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Firsm/Website against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

We shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of the Firm/Website arising under any circumstances, in respect of any services offered on the Website, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by the Website/Firm for its services.

In no event shall We or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever 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(s) or any other channel . Neither shall the Firm be responsible for the delay or inability to use the Websites 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(s), or otherwise arising out of the use of the Website(s), whether based on contract, tort, negligence, strict liability or otherwise.

We are not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

Reviews, Feedback and Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the Comments) shall be and remain the property of the Firm. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Firm of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Firm shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Firm will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Firm is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on theWebsite will not violate the Terms of Use 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 on the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Firm does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Website. You hereby grant the Firm the right to use names 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, responsible for the content of any Comments you make and you agree to indemnify the Firm and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.

Insurance

Unless explicitly provided by Us in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the User and We doesn't accept any claims arising out of such scenarios. Insurance, if any provided as a part of the product by Us shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and We shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

Copyright and Trademark

The Firm, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Firm or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Firm. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Firm.

You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Firm, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the 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 the Firm’s endorsement, sponsorship or recommendation of the third party, the information, its product or services. 

The Firm is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such Websites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

Disclaimer of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including

The implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that

  1. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
  2. Materials, information and results obtained will be effective, accurate or reliable;
  3. Any errors or defects in the website, services or other materials will be corrected.

To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.

The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

We shall not be responsible for any events that may occur during the trip or any services being offered on the website. The website is merely a facilitator and any injury as a result of such service shall not be the responsibility of the website or firm.

We shall also not be responsible for any cancellation or rejection of the event, visa, holiday, etc., as the website is merely a facilitator and has no control over the same.

The website shall not be responsible for any injury or damage that may occur during the medical tourism.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless this website/firm including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us 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 of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.

In no event shall the firm, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have 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 materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Termination

This User Agreement is effective unless and until terminated by either you or the Firm. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Firm may terminate this User 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 the Firm. The Firm’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Hosting of Third Party Information

The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Firm reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Kolkata.

Privacy

The Privacy Policy is separately available on the Website, and can be perused by you at your convenience.

Miscellaneous Provisions

  1. Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.
  2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

Contact Us

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through https://support.wecare.digital

Terms of Service

General

ritual.guru (hereinafter, the ‘Website’)is owned and operated by WECARE.DIGITAL, (hereinafter the ‘Firm), having its office at the W.B.S.I.D.C, Building, Unit No. 1/20, 81/2/7, Phears Ln, Kolkata, 700012.

You are advised to read and understand these Terms of Service(“Terms”) carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Firm. These terms are to be read along with the Privacy Policy and any other policies on the Website.

This document is an electronic record under the laws of India which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures.

Definitions

For the purpose of these Terms, wherever the context so requires,

a. ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires;

b. ‘Services’ shall refer to facilitation of the platform and the services offered by the Firm on the Website;

c. “Service Providers” shall mean including, but not limited to the contractors, service providers who provide the Service to the Users;

d. “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement”shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website;

e. “Third Party” refers to any person other than the “User” the “Firm”, or the “Website”;

f. “We”, “Us”, “Our”, shall mean the Firm;

g. “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.

Service Overview

The Website provides an online platform to the Users as one stop solution for all their pooja/worship requirements. The Website provides the Users access to a wide variety of products used for worshiping such as, but not limited to idols, pooja boxes, temple vastu, feng shui, edible items/substances which may or may not be used for Pooja, Ayurveda products, Wellness products etc. The Website does not necessarily manufacture all the products sold through the Website, some of the products are manufactured by Us. The Website is also a marketplace for Service Providers to sell their products through the Website.

Registration, Eligibility and Access

Users must register in order to avail the Services offered by the Firm on the Website by providing certain information, which includes, but is not limited to, the following:

a. Name,

b. Phone Number,

c. Email ID

The Website also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+. Website uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by the Website shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by the Website apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and the Website bears no liabilities/responsibility for its privacy practices and/or other actions of any third-party site or service that may be enabled within the Service.

At any time during your use of this Website including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username, password, enrolment no. and any activity under your registered account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Firm has reasons to believe You have done so, We hold the right to permanently suspend Your account.

In addition to this, You would be required to comply with the following:

a. You will not provide any false personal information.

b. You will not create/register an account for anyone other than yourself without permission.

c. You will not create more than one registered account/user profile.

d. If your registered account is suspended/disabled by Us, You will not create another account/user profile without our prior permission.

e. You will not use our Website if you are under the age of 18 years.

f. You will not share your registered account or let anyone else access your account, or do anything else that might jeopardize the security of your account.

Security

We provide utmost data security and protection through reasonable securities and practices as defined by law from time to time. Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. We provide adequate date security for the information collected by us. For further information on privacy and security of data please refer to the Privacy Policy on the Website.

License and Access

The Firm grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Firm. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Firm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Firm and/or its affiliates without the express written consent of the Firm. You may not use any meta tags or any other “hidden text” utilizing the Firm’s name or trademarks without the express written consent of the Firm.  You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
  10. is misleading or known to be false in any way.

Communication

By using this Website, and providing his/her identity and contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails, and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Privacy Policy.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the User that any information shared by You with the Firm shall be governed by the Privacy Policy.

Charges

Browsing the Website is free of cost. However, the User shall make payments towards the products purchased through the Website. We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.

We reserve the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. We further reserve the right to alter any and all fees from time to time, without notice.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

Payment

The following payment options are available on the Website:

  1. Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
  2. Visa & Master Card Debit cards;
  3. Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

The Website uses Third Party payment gateway to handle the financial transactions on the Website. The Website may change the payment gateway at any time without notice. We are not responsible for these Third-Party services. Such services are dependent on the respective Third Party’s legal terms. The billing details provided during payment should be up-to- date, such as the billing address and the User’s name. Payment information on the Website of Users using our services is stored on the database for the respective Website as encrypted using basic encryption which can be decrypted to reveal the original information. This information is provided to us by the Third-Party payment gateway services we use to provide online payment functionality, and hence, may contain certain personal information.

We are not responsible for what information is sent to us and stored as this is sent to us by a third party and we cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the user is their first name, last name and their address zip code. The Website may change the payment gateway from time to time and is not liable or liable to notify the User of the same.

Refund/Replacement

Not all products sold on the Website can be replaced or returned. If a product can or cannot be returned/replaced shall be mentioned on the product page. In case a User is not satisfied with the quality of the product, we shall replace the product with a similar product once the ordered product reached the Firm’s warehouse. In case there is non-availability of a replacement of the product, We shall refund your money that may have been paid by you for the purchase of the product within fifteen (15) days from the day if Your request for refund is accepted or as mentioned in the service voucher or invoice. The money will either be refunded to you or store credit shall be offered. The product has to be returned in the same condition it was delivered. In case of any complaint regarding the quality of the product or a complaint seeking to return the product you must raise a complaint with us at https://support.wecare.digital within seven (7) days from the day the product was delivered or as mentioned in the service voucher/invoice. The product will be checked by us before it is returned. In case the product is found to be damaged or if it is found in a condition different than it was sold to the User, the product shall not be returned. This shall not be applicable in relation to custom made products.

User Obligations

The User undertakes to fulfill the following obligations and failure to satisfy any of these obligations gives Us the right to permanently suspend Your user profile and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.

a. You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in this Terms of Service.

b. You understand and agree that You will be liable for any damage or loss caused by Your actions on the Website and that such damage or loss will also be borne by You. The Firm shall in no what whatsoever be held responsible for any violations caused by you.

c.You undertake not to:

  1. Cut, copy, distribute, modify, recreate, post, publish or create derivative works from, transfer, or sell any information or content obtained from the Website. 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. Should you want to engage in one or more such actions, prior permission from Us must be obtained.
  2. Access (or attempt to access) the Website and/or the Contents or Services offered on the Website by any means other than through the interface that is provided by the Website. The use of 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, or to obtain or attempt to obtain any materials, documents or information, or contents through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other Users or Third Parties Ads that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report against such offensive contents to Us.
  3. Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Firm’s services; (ii) any other party's use and enjoyment of the Firm’s services; or (iii) the contents of any Third Party.
  4. oUse the Firm’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
  5. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
  6. Engage in any activity that interferes with or disrupts access to the Website or the Firm’s Services (or the servers and networks which are connected to the Website).
  7. Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website.
  8. Download any file or content posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner.
  9. Probe, scan or test the vulnerability of the Website, or any network connected to the Website, nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the Website, or exploit the Website or information or contents made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
  10. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website, or any affiliated or linked Websites.
  11. Use the Website, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the our rights, or the rights of other Third Parties.
  12. Violate any applicable laws or regulations for the time being in force within or outside India.
  13. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by Us.
  14. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  15. Disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside India.
  16. The User hereby expressly authorizes the Firm/Website to disclose any and all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

Disclaimers Regarding Products

The Firm does not make any representation or warranties in respect of the products available on the Website nor does the Firm implicitly or explicitly support or endorse the sale or purchase of any products on the Website. The Firm accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Firm does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays.

The Firm undertakes no responsibility for the quality of the products or that the Products will be fit for any particular purpose for which the User may be buying the Products, except as otherwise provided in this Agreement.The photographs of food items or any other items are only indicative and in many cases not actual photographs of the item to be delivered.

Confidential Information

”Confidential Information“ shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

a. If the User is in breach any of these Terms or the Policy;

b. If the User has provided wrong, inaccurate, incomplete or incorrect information;

c. If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the sole discretion of the Firm

d. The Firm shall not encourage any union or any 3rd party involvement in the services provided on the Website, and if it is seen that some 3rd party is getting involved, the Firm holds the right to cancel the particular Firm business plan or registered User’s funds.

Force Majeure

The User agrees that in situations due to any technical or other failure in the Website, services committed earlier may not be provided or may involve substantial modification. In such cases, We shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Website against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Reviews, Feedback and Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the Comments) shall be and remain the property of the Firm. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Firm of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Firm shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Firm will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Firm is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Website will not violate the Terms of Use 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 on 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 mails or any form of ‘spam’. The Firm does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Website. You hereby grant the Firm the right to use names 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, responsible for the content of any Comments you make and you agree to indemnify the Firm and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.

Intellectual Property

We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website are all proprietary and the copyright belongs to us. All third party information and trademarks displayed on our Website is protected under the laws relating to copyrights, trade dress, trademarks and is owned by the respective third party. Unless otherwise expressly mentioned, all other content on our Website shall be reserved and use of any such intellectual property without prior consent or permission from the respected owners will amount to infringement will be subject to legal action by owners of such intellectual property.

We are not liable for any reviews, comments and feedbacks made on third party applications which are displayed on our Website, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.

You may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective User of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the Firm, and that at no point does any such intellectual property stand transferred to You.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned artisans by You will result in legal action being initiated against you by the respective artisans. It is agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

Disclaimer of Warranty

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website, services and other materials and contents provided by this Website are on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:

Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

Materials, information and contents obtained will be effective, accurate or reliable;

Any wrongdoing by the User including theft, sexual abuse shall not be Our responsibility;

Any errors or defects in the Website, services or other contents will be corrected to the maximum extent permitted by applicable law. We will have no liability related to your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Firm accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

In the event of any issues with online transactions performed on the Website, we shall not take up any liability and any transaction related issues shall directly be dealt between the Users and the concerned payment gateways and/or the concerned Banks.

We shall not be liable for any third-party product or services. The advertisement available on E-mail, or Website with respect to the third-party website or the products and services are for information purpose only.

We shall not be liable for any third-party product or services. The advertisement available on E-mail, or Website with respect to the third-party website or the products and services are for information purpose only.

Limitations of Liability

The services we provide are solely limited to the description provided in this Terms of Service and the Website. We will not be liable for information and errors from third party websites and applications.

The Firm/Website is not responsible for any consequences arising out of the following events:

a. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

b.If the User has fed incorrect information or data or for any deletion of data.

c. If there is undue delay or inability to communicate through email.

d. If there is a failure in the functioning of any other service provided by the Website.

The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website.

Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.

Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

Indemnification

You agree to indemnify, defend and hold harmless the Firm including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us 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 of Service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material/content caused damage to a third party, your violation of the Terms of Service, or your violation of any rights of another, including any intellectual property rights.

In no event shall the Firm, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have 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, contents or materials. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.

Term and Termination

These Terms will remain in full force and effect while you are a User of the Website. The Firm hold the rights to terminate the agreement and suspend/cancel the registered user’s account.

The Website may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website and/or suspend or delete your User Profile and/or any content you have submitted on the Website. The Website may immediately terminate the agreement with you, deny you access to the Website and delete your User Profile in the event that you have breached any of these Terms of Service.

Third Party Contents/Ads

Our Website will incorporate information and ads from third party websites and applications including but not limited to various payment gateways, which will be incorporated on the Website from time to time. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party websites and applications.

Governing Law

Arbitration: These Terms of Service including the privacy policy shall be governed by Indian law. Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.

Applicable Law: You agree that the laws of the State of Bengal, India, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of Kolkata, Bengal and we each agree to personal jurisdiction in those courts.

Privacy Policy

The Privacy Policy is separately available on the Website, and can be perused by you at your convenience.

Miscellaneous Provisions

Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.

Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

Contact Us

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through https://support.wecare.digital

Terms of Service

I. General

legalchamp.app” (hereinafter, the “Website”) is owned and operated by WECARE.DIGITAL (hereinafter, the “Company”), having its office at The W.B.S.I.D.C. Building Unit No.1/20 1st Floor 81/2/7 Phears Lane, Kolkata - 700012, India.

You are advised to read and understand these Term of Service (hereinafter the “Agreement”) carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the Website.

This Agreement is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website and being generated by a computer system, it does not require any physical or digital signatures.

Definitions

For the purpose of these Terms, wherever the context so requires,

Party” &o; “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires;

Services” shall refer to facilitation of the platform and the services offered by the Company on the Website;

Service Providers” shall mean including, but not limited to the contractors, service providers who provide the Service to the Users;

Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website;

Third Party” refers to any person other than the “User” the “Company”, or the “Website”;

We”, “Us”, “Our”, shall mean the Company;

You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.

II. Services Overview

Legal Champ is an internet portal that facilitates communication between legal professionals and potential users of legal services. Legal Champ acts as a venue for providers and consumers of legal services to exchange information with the goal of eventually forming a professional relationship. Legal Champ does not guarantee that users will successfully find an advocate/lawyer/attorney through this system. Legal Champ takes no position and offers no opinion on when or if a lawyer-client relationship has been formed.

In order to provide an optimal forum for lawyers and clients, Legal Champ does not involve itself in the agreements between lawyers and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user, and not Legal Champ, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service.

(A) Disclaimer of Lawyer-Client Relationship

Legal Champ is not an agent of lawyers. It only facilitates the communication of lawyers and potential clients. Any electronic communication sent to Legal Champ alone will not create a lawyer-client relationship between the user and Legal Champ, such being expressly denied.

(B) Legal Champ Does Not Promote Any User.

Legal Champ seeks to help every needy litigant find lawyers best suited to his/her needs. Legal Champ is not intended to be a source of advertising or solicitation and the contents of the website should not be construed as legal advice. Legal Champ may recommend subscribing lawyers if they match a user’s requirements, but not otherwise. Transmission, receipt or use of Legal Champ does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site. We welcome the user to study the profiles of lawyers independently and make an informed choice.

(C) Specifically, Legal Champ Does Not Provide Any Avenue for Solicitation

Legal Champ hides information about clients from lawyers until the client communicates with the lawyers directly or online. Therefore, the lawyers are not allowed to view private information about potential clients.

(D) Legal Champ Does Not Provide Legal Advice

Legal Champ ‘Common Needs’ feature uses only user supplied content to produce basic documents. The information provided in the ‘FAQs’ section also does not amount to legal advice, such merely being commonly asked queries about Will making, Lease Agreement drafting, Cheque Dishonour notices, Money recovery notices, Power of Attorney to collect rent and other documents which may be added from time to time. Users are advised to consult lawyers if they need specialized guidance on any of these documents.

(E) 'Common Needs'- Resale of Forms Prohibited

Legal Champ grants you a limited, personal, non-exclusive, non-transferable license to use our “Common Needs” feature for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use.

By ordering a document from Legal Champ, you agree that the document you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Legal Champ. Reselling or distributing without permission amounts to a violation of Legal Champ’s exclusive copyright and is liable to prosecution.

(F) Disclaimer of Representations by Users

Legal Champ makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the lawyers or law firms which are listed through this site or any affiliate thereof.

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Please note that neither Legal Champ, nor any of its subsidies or employees are advocates. We are not a law firm and we do not provide legal advice. Nothing on our website or material sent to you in our communication is to be construed as legal advice.

Our website, blog and other material is only for the purpose of spreading information and awareness and are not substitutes for the advices or services of an advocate or legal professional.

Wherever required in order to fulfill your needs, we will facilitate a connection with a suitable professional such as lawyers, chartered accountants or company secretaries. Please bear in mind that such professionals are not our representatives, agents or employees. Our site and services are only one source of information among the many sources that are available to you. You may wish to consider multiple sources in order to make an informed decision.

The decision to engage any of these professionals is an important one, and one that you must make carefully based solely on your own judgment. If you agree to avail of the services on our website, you are giving us permission to make this selection on your behalf. If you disagree with these terms and conditions, or do not want us to choose a suitable professional to fulfill your request, please do not use our services.

We constantly strive to keep our content and documents accurate, current and up-to date. However, because of changes in the law and regulations, we cannot and do not guarantee that any or all of the information on the site and other communication is completely current.

Please be advised that sometimes, the law, legal requirements, rules and regulations are location specific and may differ from location to location. The general information or other material we provide cannot fit every situation or circumstance.

Our sites and services are not intended to create any advocate-client relationship, and your use of our sites and services does not and will not in any circumstance create any such relationship between you and us.

III. User Guidelines

The users of Legal Champ are granted a nonexclusive, limited right to access and use the service in accordance with the rules that are described in this contract. In order to keep this system attractive and useful for all users, it is important that users follow the rules of the system. Legal Champ reserves the right to deny further access to its service to any user who violates these rules, is the subject of complaints by other Legal Champ users or for any other reason.

Users engaged in any of the following activities on our system will not be tolerated:

  • ✔ Foul or otherwise inappropriate language.
  • ✔ Racist, hateful, or otherwise offensive comments.
  • ✔ Promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  • ✔ Defame any person or group which includes people of all ages, races, religions, and nationalities.
  • ✔ Violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation).
  • ✔ Violate Internet standards.
  • ✔ Use the service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other's privacy.
  • ✔ Interfere with or disrupting the service or servers or networks connected to the service by posting advertisements or links to competing services, transmitting "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail.
  • ✔ Compromise the security of the service Legal Champ provides. Please do not try to gain access to system areas private to Legal Champ, or to other users.

IV. Disclaimer of Information Obtained on The Service and Some User Supplied Content

(A) Disclaimer of Information Obtained on The Servicee

Legal Champ provides lawyers and potential clients with a forum whereby people who need legal representation or help are connected to providers of it. Legal Champ is a resource for informational purposes and is intended, but not promised or guaranteed to be correct, complete, and up-to-date. The accuracy, completeness or adequacy of Legal Champ is not warranted or guaranteed. Legal Champ further assumes no liability for the interpretation and/or use of the information contained on this website. The owner of this website does not intend links from this site to other websites to be referrals to, endorsements of, or affiliations with the linked entities. Legal Champ is not responsible for, and makes no representations or warranties about the contents of websites to which links may be provided from this website.

Legal Champ will make every effort to ensure that promotional material of a user trying to promote himself on the website is deleted. Apart from this, the opinions and views expressed are those of the individual users of the service and do not reflect those of Legal Champ. Data submitted by other users (lay persons) is not verified or reviewed in any way before it appears on the Legal Champ website. Please use due caution when using this site.

Legal Champ makes every effort to verify that lawyers who subscribe to the service are licensed and in good standing with the local bar at the time of registration. However, Legal Champ cannot track, verify, or monitor the standing of lawyers using the Service. Therefore, Legal Champ makes no representation regarding the status, standing or ability of lawyers or law firm that is listed on the site.

Users are urged to make their own independent investigation and evaluation of lawyers or law firm being considered. The determination of the need for legal services and the choice of lawyers are extremely important decisions and should not be based solely on claims of expertise, or on the cost of rendering the requested legal services.

Legal Champ is not responsible for, and in no way endorses any description or indication of specialization or limitation of practice by lawyers or law firm. Efforts will be made to avoid false information, but please be aware that no agency or board may have certified such lawyers as a specialists or experts in any indicated field of law practice. In addition, lawyers claiming specialization is not necessarily any more competent than other lawyers. It is up to the user to question the lawyers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.

Users are encouraged to use caution when reviewing any information submitted by lawyers and other parties. Although Legal Champ requires lawyers to comply with all regulations governing lawyers conduct, it is impossible for Legal Champ to monitor lawyers' integrity.

Legal Champ in no way endorses the content or legality of any offers, statements, or promises made by lawyers or any other parties, on or off this site.

(B) Disclaimer of Content Supplied by Users in The Form of Reviews, Comments, Communications, and Other Content

At various locations on the Site, Legal Champ may permit visitors to post reviews, comments, and other content (the "user content"). Legal Champ is not the publisher or author of such user content. It only stores and disseminates the ideas and opinions that Legal Champ members may choose to post and distribute as user content. Legal Champ disclaims all responsibility for this content. If any offending material is brought to the notice of Legal Champ, it will be deleted as soon as is possible. Whether such material is indeed offending will be finally be left to the discretion of Legal Champ.

V. Limitations on Use

The contents of Legal Champ are for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Legal Champ. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the contents without taking prior written permission from Legal Champ. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Legal Champ, except to the extent permitted above. You may not use or otherwise export or re-export Legal Champ or any portion available on or through Legal Champ in violation of the export control laws and regulations of India. Any unauthorized use of Legal Champ or its content is prohibited.

VI. Confidentiality

Legal Champ makes every effort to maintain the confidentiality of any information submitted by users to our system and our database of lawyers. The user is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium. Additionally, because Legal Champ cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the System. Do not make any confessions or admissions. The user should preferably describe their issue or dispute in the general terms only. Specific information should only be revealed after the user has selected an advocate/lawyer/attorney and made contact outside the service (e.g. via telephone or appointment). Subscribing lawyers using this service should refrain from asking any user to reveal any specific or confidential information through the service. Legal Champ is not responsible for the release or improper use of such information by users or any release due to error or failure in the System.

VII. Indemnification

The user agrees that Legal Champ is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Legal Champ harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service. The user agrees that this defense and indemnity shall also apply to any breach by the user of the agreement or the foregoing representations, warranties and covenants. The user further agrees that this defense and indemnity shall include without limitation of lawyers fees and costs. The user also agrees that this defense and indemnity shall apply to Legal Champ, its founders, officers and employees. Legal Champ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user and the user shall not in any event settle any matter without the written consent of Legal Champ.

VIII. Communications and Other Data

Legal Champ is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.

IX. License of Your Contents to Legal Champ

By uploading content to or submitting any materials for use on Legal Champ, you grant (or warrant that the owner of such rights has expressly granted) Legal Champ a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. Legal Champ however gives an assurance that any information of a sensitive nature will not be intentionally disclosed and revealed to any third party.

X. Legal Champ Proprietary Rights

Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. The user agrees that the content and Web Site are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. The user acknowledges and agrees that the user is permitted to use this material and information only as expressly authorized by Legal Champ, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The user acknowledges and agrees that Legal Champ can display images and text throughout the Service. Users cannot extract and publish any information from the system, either electronically or in print, without the permission of Legal Champ and the permission of all other concerned parties. This is not a complete list - other things on the system are also Legal Champ property. Contact Legal Champ before copying anything from the system with plans of reproducing it or distributing it.

XI. Linking to Legalchamp

Users are welcome to provide links to the homepage of Legal Champ, provided they do not remove or obscure, by framing or otherwise, any portion of the homepage and that you discontinue providing links to the site if requested by Legal Champ.

XII. Advertisers

Legal Champ may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Legal Champ is accurate and complies with applicable laws. Legal Champ will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

XIII. Registration

Certain sections of Legal Champ may require you to register. If registration is requested, you agree to provide Legal Champ with accurate and complete registration information. It is your responsibility to inform Legal Champ of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Legal Champ does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, please notify Legal Champ immediately by contacting us. If we find that unauthorized use is being made of Legal Champ and the services we provide, the right of any or many users may be terminated.

XIV. Errors and Corrections

Legal Champ does not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. Legal Champ may make improvements and/or changes to its features, functionality or service at any time.

XV. Third Party Content

Third party content may appear on Legal Champ or may be accessible via links from Legal Champ. Legal Champ is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third party content appearing on Legal Champ. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Legal Champ.

XVI. Unlawful Activity

Legal Champ reserves the right to investigate complaints or reported violations of the Agreement and to take any action Legal Champ deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

XVII. Remedies for Violations

Legal Champ reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including but not limited to the right to block access from a particular Internet address to Legal Champ and its features.

XVIII. Conflicts Checks

The user understands that registered lawyers will not be able to and will not perform a check for conflicts of interest between the user and other clients of the registered lawyers prior to responding to a request. Conflict checks require the user to provide their name and contact information and the identity of any affiliated entities, opposing individuals and entities, and such other information as lawyers may require. Conflict checks by registered lawyers who obtains information from the user through this service are not possible since submissions by the user to subscribing lawyers are not sufficient to conduct such a check.

X1. Severability of Provisions

The Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the service provided by Legal Champ. If any provision of these terms and conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

XX. Modifications to Terms of Use

Legal Champ may change the agreement at any time. The user will be responsible for checking the Terms and Conditions before use. Use of the service after the change will indicate acceptance of the new terms and conditions.

XXI. Modifications to Service

Legal Champ reserves the right to modify or discontinue, temporarily or permanently, the service with or without notice to the user. The user agrees that Legal Champ shall not be liable to the user or any third party for any modification or discontinuance of the service. The user acknowledges and agrees that any termination of service under any provision of this agreement may be effected without prior notice, and acknowledges and agrees that Legal Champ may immediately delete data and files in the user's account and bar any further access to such files or the Service.

XXII. Disclaimer of Warranties and Limitation of Liability

A great danger for Legal Champ, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault. If a user uploads a program with a computer virus, and the other users' computers are damaged, we might be blamed even though a user left the virus on our System. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.

Although it is the goal of Legal Champ to provide users with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, Legal Champ must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.

These needs are accomplished by the following disclaimers:

(a) Disclaimer of Warranties

The user expressly agrees that use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. Legal Champ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Legal Champ makes no warranty that the service will meet a user's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Legal Champ make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Legal Champ makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.

No advice or information, whether oral or written, obtained by the User from Legal Champ shall create any warranty not expressly stated herein.

(b) Limitation of Liability

The user agrees that Legal Champ shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Legal Champ has been advised of the possibility of such damages. The user further agrees that Legal Champ shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.

XXIV. Arbitration

Any controversy or claim arising out of or relating to this Agreement or Legal Champ services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Chennai shall have jurisdiction in all such cases.

XXV. Ownership

This Site is owned and operated by Legal Champ. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned by Legal Champ. Except as otherwise expressly provided by Legal Champ, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Legal Champ's intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. Legal Champ does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Legal Champ. Any rights not expressly granted herein are reserved by Legal Champ.

XXVI. Entire Agreement

This agreement constitutes the entire and whole agreement between user and Legal Champ, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Legal Champ and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. It is your responsibility to review these Terms and Conditions periodically.

By using Legal Champ services or accessing the Legal Champ site, you acknowledge that you have read these terms and conditions and agree to be bound by them.

XXVII. Indemnification

You agree to defend, indemnify and hold harmless Legal Champ, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the site and the materials.

XXVIII. Cancellation and Refund Policy

We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates.

We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates.

However, there may arise situations when you desire a refund. Firstly, when you pay for the services but later on decide that you do not wish to avail them. Secondly, when there is a delay in the services offered from our side, beyond the time frame we have intimated to you, due to human error i.e., factors for which we are solely responsible. Thirdly, although we highly doubt it, you might find our services unsatisfactory. In all three situations, kindly , contact us through https://support.wecare.digital. We would like to clarify that only refunds of the professional fees component of the charges paid by you shall be considered for a refund.

Upon receiving your mail, the Senior Management at Legal Champ shall decide on whether your request for a refund should be processed, contingent on the reasons for such a request. Please note that we reserve the right to take the final and binding decision with regard to requests for refund.

Most importantly, we wish to clarify that in cases outside our control, including but not limited to national holidays, department holidays, delays on the part of the Government of India, the respective State Governments, Our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, breakage of sea cable, hacking, piracy, we shall not liable for any delays.

If we confirm your request for refund, subject to the terms and conditions mentioned herein or elsewhere, we will send you an e-mail seeking the details required to refund the amount which may include your Bank Account details such as the account number and the IFS code of the branch in question. Kindly note that it will take us a minimum of about 48-72 working hours from the receipt of all such information to process the refund and initate the transfer.

We reiterate once again that only the professional fees paid for our services shall be refunded, subject to the discretion of the Senior Management at legalchamp.app

Contact Us

If you have any questions about this Agreement, the practices of the Website/Company, or your experience with the Service, you can contact us through https://support.wecare.digital

Terms of Service

General

wecare.digital” (hereinafter, the “Website”) is owned and operated by WECARE.DIGITAL (hereinafter referred as the “Firm”), having its office at The W.B.S.I.D.C. Building Unit No.1/20 1st Floor 81/2/7 Phears Lane, Kolkata - 700012, India. 

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Website. These terms are to be read along with the Privacy Policy and any other policies on the website.

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures.

Definitions

For the purpose of these Terms, wherever the context so requires,

  1. ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires;
  2. ‘Services’ shall refer to facilitation of the platform and the services offered by the Firm on the Website;
  3. “Service Providers” shall mean including, but not limited to the contractors, service providers who provide the Service to the Users;
  4. “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website;
  5. “Third Party” refers to any person other than the “User” the “Firm”, or the “Website”;
  6. “We”, “Us”, “Our”, shall mean the Firm;
  7. “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.

Services Overview

The Website is an online platform which provides users with access to the overall marketing, accounting, innovation, customer service operations and other related services for all brand and services under this Firm.

Registration

To use the services provided on the Website, it is compulsory to create an account. A User may create an account on the Website which shall collect only Your basic information. You also have the option of linking your social media accounts, such as Your Facebook or Google Plus account, to create your account on the Website.

At the time of registration, the Firm shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,). If you choose to link your social media account with your account on the Website, we collect basic information about you from those social media platforms, such as: name, age, gender, location and e-mail address. Information collected about you is subject to the Privacy Policy of the Firm, which may be read as part and parcel of these Terms of Use.

You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Firm has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.

Eligibility

Services on the Website would be available to only select geographies in India. 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.

However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. We reserve the right to terminate or refuse your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that you are a minor.

Security

We provide utmost data security and protection through reasonable securities and practices as defined by law from time to time. Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. We provide adequate date security for the information collected by us. For further information on privacy and security of data please refer to the Privacy Policy on the Website.

License and Access

The Firm grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Firm. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Firm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Firm and/or its affiliates without the express written consent of the Firm. You may not use any meta tags or any other “hidden text” utilizing the Firm’s name or trademarks without the express written consent of the Firm.  You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
  10. is misleading or known to be false in any way.

Communications

By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the Firm and its partners.

This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by visiting https://support.wecare.digital

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

User Obligations

You are a restricted user of this website.

  1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. 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.
  2. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of 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, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
  3. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
  4. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  5. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  7. Publish, post, disseminate, any information which 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  8. Post any file that infringes the copyright, patent or trademark of other legal entities;
  9. 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;
  10. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  11. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  12. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
  13. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
  14. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  16. Violate any applicable laws or regulations for the time being in force within or outside India;
  17. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  18. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  19. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
  20. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  21. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  22. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.

You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

Confidential Information

“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We undertake not to reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.

Suspension of User Access and Activity

Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Website, and/or refuse to usage of the Website to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Firm, at the sole discretion of the Firm
  4. The Firm shall not encourage any union or any 3rd party involvement in the services provided on the Website, and if it is seen that some 3rd party is getting involved, the Firm holds the right to cancel the particular Firm business plan or registered User’s funds.

Force Majeure

The User agrees that in situations due to any technical or other failure in the Website, services committed earlier may not be provided or may involve substantial modification. In such cases, We shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Website against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

Copyright and Trademark

The Firm, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Firm or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Firm. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Firm. 

You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Firm, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Firm’s endorsement, sponsorship or recommendation of the third party, the information, its product or services. 

The Firm is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

Disclaimer of Warranties and Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The website, services and other materials are provided by this website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that

  1. Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
  2. Materials, information and results obtained will be effective, accurate or reliable;
  3. Any errors or defects in the website, services or other materials will be corrected.
  4. To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
  5. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless this website/firm including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us 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 of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.

In no event shall the firm, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have 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 materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Termination

This User Agreement is effective unless and until terminated by either you or the Firm. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Firm may terminate this User 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 the Firm. The Firm’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Hosting of Third Party Information

The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

  1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Firm reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
  2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
  3. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Kolkata.

Privacy

The Privacy Policy is separately available on the Website, and can be perused by you at your convenience.

Miscellaneous Provisions

  1. Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.
  2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

Contact Us

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us through https://support.wecare.digital

Ombudsman

WECARE.DIGITAL the owner, controlling and managing the websites wecare.digitaltripsiq.app, ritual.gurulegalchamp.app (hereinafter collectively referred to as the “Website”) strongly believes in a sincere and transparent approach to its Users. You trust and love Us and We would never put growth before trust. This policy document aims at minimizing instances of customer complaints, grievances and disappointments via channelized approach, review and redressal.

You can file a grievance / share feedback if You are disappointed with the services rendered by WECARE.DIGITAL or any other issues. You can give your grievance / feedback online

In order to make WECARE.DIGITAL redressal channels more meaningful and effective, a structured system has been put in place. This system will ensure that the complaints are redressed seamlessly and well within the stipulated timeframe.

You can reach us through https://support.wecare.digital

Or

If the resolution you received does not meet your expectations within 15 days please write to us at ombuds@wecare.digital

Reseller Terms

General

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the following Website wecare.digitaltripsiq.app, ritual.gurulegalchamp.app (hereinafter collectively referred as the “Website”)   

WECARE.DIGITAL (“Firm”), having its office at The W.B.S.I.D.C. Building Unit No.1/20 1st Floor 81/2/7 Phears Lane, Kolkata - 700012, The Firm conducts its business using the aforesaid domain names to provide the services as listed below.

For the purpose of these Reseller Terms (hereinafter referred as the“Agreement”), wherever the context so requires,

The terms “Party” and ‘Parties’ shall respectively be used to refer to the Reseller and the Firm individually and collectively, as the context so requires.

The term “You” & “Reseller” shall mean any natural or legal person accessing or using or even selling the services provided on the Website to offer for sale or advertise the sale of products including but not limited to products or services offered on the Website and related services, and who is competent to enter into binding contract, as per the provisions of the Indian Contract Act, 1872; and in the case of an entity, the individual acting on its behalf, and who is authorised to act on behalf of the entity and bind the entity to this Agreement;

The term “Customer” or “Buyer” or “User” mean any natural or legal person accessing or using the services provided on the Website to buy any of the products or services offered for sale on the Website and who is competent to enter into a binding contract, as per the provisions of the Indian Contract Act, 1872; and in the case of an entity, the individual acting on its behalf, and who is authorised to act on behalf of the entity and bind the entity to these Terms.

The headings of each section in this Agreement are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

The use of the Website by the Reseller is solely governed by these Terms, and any modifications or amendments made thereto by the Firm from time to time, at its sole discretion. Using the platform provided on the Website to sell or advertise the sale of any product or service of the Reseller (hereinafter referred as the “Service”), shall be deemed to signify the Reseller’s unequivocal acceptance of these Terms, and the Reseller expressly agrees to be bound by the same.

The Reseller unequivocally agrees that this Agreement constitutes a legally binding agreement between the Reseller and the Firm, and that the Reseller shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into this Agreement, and shall be treated as part and parcel of the same. The Reseller acknowledges and agrees that no signature or express act is required to make these Terms binding on the Reseller, and that the Reseller’s act of using the Website or any part of the services therein to sell or advertise the sale of any product or service constitutes the Reseller’s full and final acceptance of these Terms.

Acceptance of Terms

  1. This Agreement is an electronic contract that establishes legally binding terms that the Reseller must accept to use the Service provided through the Website. This Agreement include by reference any other terms disclosed and agreed to by the Reseller in the event the Reseller sells or accepts additional features, products or services in addition to the Service, including but not limited to terms governing features, billing, free trials, discounts, promotions, preferential positioning, etc.
  2. The Reseller is aware and agrees that the Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Reseller, and the Reseller expressly agrees that any such amendments or modifications shall come into effect immediately. The Reseller has a duty to periodically check the Terms and stay updated on its requirements.  If the Reseller continues to use the Website following such a change, the Reseller will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the Reseller complies with these Terms, the Reseller is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Websiteto sell and advertise the sale of products and services.

Eligibility

  1. The Reseller represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The Reseller may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation or judicial verdict currently in force.
  2. In the event of the Reseller being an entity, the individual acting on the entity's behalf represents and warrants that he/she is authorised to act on behalf of the entity and bind the entity to these Terms, and also that the entity is in compliance with any and all rules, regulation and Statues applicable to it, and that it has all requisite permissions and licenses required for its operations.
  3. Furthermore, it is mandatory for Resellers to register themselves on the Website.

Term and Termination

These Terms will remain in full force and effect while the Reseller avails of the Service and/or is in possession of an active account. The Reseller is aware that the Firm may terminate or suspend the Reseller’s account at any time, without cause or notice, if the Firm believes that the Reseller has breached the Terms, or for any other reason, in its sole discretion, whether or not such action is instigated by complaints from the users of the Website. The Reseller is further aware and expressly agrees that even after the Reseller’s account is terminated for any reason, these Terms shall survive such termination, and continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Account Security

The Reseller is responsible for maintaining the confidentiality of the Reseller's username and password, assigned to the Reseller during the registration process, and the Reseller is solely responsible for all activities that occur under the Reseller’s username and password, including but not limited to listing / delisting of products and services, modifications to prices listed for said products / services and communication with users of the Website. The Reseller agrees to immediately notify the Firm of any disclosure or unauthorized use of the Reseller’s username or password, or any other breach of security with respect to the Reseller’s account, and also to ensure that the Reseller logs out from the account at the end of each session.

Role of the Firm & Website

  1. The Reseller acknowledges and agrees that the CFirm merely provides a platform for the Reseller to act on behalf of the Website, and shall pay a commission to the Reseller.
  2. The Reseller is also aware that the Firm is engaged in an E-commerce business on the Website.
  3. The Reseller hereby expressly authorises the Firm to act as the Reseller’s agent for purposes of processing payments, refunds and adjustments for the Reseller’s transactions, receiving and holding sales proceeds on the Reseller’s behalf, remitting such proceeds to the Reseller’s bank account, and paying the Firm and its affiliates amounts owed to them by the Reseller in accordance with these Terms or other agreements the Reseller may have with the Firm or its affiliates.
  4. The Reseller expressly consents to allowing the Firm to retain amounts paid by its users towards products / services purchased for a period of 7 to 10 days from the date of payment by the user, to account for any possible claim for a refund by such user, and further consents to the Firm adjusting such claimed amounts against amounts payable to the Reseller arising from different transactions on the Website, in the event that that consideration for the transaction in question has already been paid to the Reseller.

Intellectual Property and Proprietary Rights

  1. The Reseller is aware that the Firm owns and retains all proprietary rights in the Website and Service, and in all content, trademarks, trade names, service marks, copyrights and other property rights related thereto. The Website and Service contain the copyrighted material, trademarks, and other proprietary information of the Firm and its licensors, and the Reseller agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Firm, or if such property is not owned by the Firm, the owner of such intellectual property or proprietary rights. The Reseller agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  2. The Reseller is aware that for the purpose of availing of the Service, the Reseller will be required to upload on the Website images and descriptions of all products and services the Reseller wishes to sell through the Website. The Reseller is further aware that the same will be visible to and accessible by all users of and visitors to the Website, and that the Firm has no control over their actions, and will not be liable in any manner should any such user or visitor infringe on the intellectual property of the Reseller by accessing / misusing / copying / using / creating derivative works from said product / service listings, and the Reseller hereby expressly agrees that the Firm shall have absolutely no liability for the same, and further agrees not to involve the Firm in any resulting legal proceedings, and expressly agrees to indemnify the Firm and reimburse the Firm for any expenses incurred in this respect.
  3. The Reseller expressly agrees and accepts that the intellectual property of the Reseller is required to be displayed on the Website in the form of product / service listings, and the Reseller does hereby expressly authorise the Firm and the Website to use the same in this connection, and also expressly agree to continue to allow the Firm to do so, without the Firm ever being required to pay any manner of license, fee or amount in this respect, for any such incidental usage. The Reseller further agrees and hereby expressly authorises the Firm to continue to display said product / service listings of the Reseller even after the Reseller has stopped producing / supplying the same, and even if the Reseller has deleted the account assigned to the Reseller and has stopped availing of the Service. If the Reseller does not agree to these provisions, then the Reseller is not authorised to use the Website or avail of the Service.

Items listed by the Reseller on the Website

  1. The Reseller shall be fully liable in ensuring that the product delivered to a User shall confirm with the product description quality assurance as displayed on the Website. The Reseller agrees that in the event of non-conformance, the Website shall not be responsible or liable in any manner and agrees not to hold the Website, the Firm, its officers, agents and employees harmless from any loss, claim or dispute that may arise from the non-conformance of the product to the description, quality on the Platform.
  2. The Reseller shall be fully responsible when refusing the delivery of products / services purchased, or increase the cost thereof for any reason whatsoever. The Reseller shall retain full liability when honouring any and all orders placed by Users of the Platform even if such order has been placed against an item listed at an incorrect price, and even if the Client is no longer in possession of such item.

Reseller Obligations

  1. The Reseller may not Post, upload, display or otherwise make available content that:
  2. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. advocates harassment or intimidation of another person;
  4. requests money from, or is intended to otherwise defraud, other users of the Service;
  5. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spamming”, “phishing”, “trolling” or similar activities);
  6. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
  7. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  8. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  9. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  11. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  12. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  13. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  14. provides information or data the Reseller do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  15. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  16. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  17. publicises or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  18. The Firm reserves the right, in its sole discretion, to investigate and take any legal action against any Reseller who violates this provision, including removing the offending item listing / content from the Service and terminating or suspending the account of such Reseller.
  19. The Reseller’s use of the Service, including all content Posted by the Reseller through the Service, must comply with all applicable laws and regulations. The Reseller agrees and acknowledges that the Firm may access, preserve and disclose the Reseller account information and content if required to do so by law, or if it in good faith believes that such access, preservation or disclosure is reasonably necessary, to: (i) comply with any legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to the Reseller’s requests for customer service, or allow the Reseller to use the Service in the future; or (v) protect the rights, property or personal safety of the Firm or any other person.
  20. The Reseller shall not issue any invoices in his name and shall do so only in the name of the Firm. All payments shall be made in the name of the Firm as well
  21. The following is a non-exclusive list of actions and activities that the Reseller is not permitted to engage in while availing of the Service:
  22. impersonate any person or entity;
  23. solicit money from any user(s) in excess of amounts already paid / agreed to be paid by users, or in excess of amounts listed on Website for the product / service in question;
  24. Offer money to any user, for any reason whatsoever without the express knowledge and consent of the Firm;
  25. post any content that is prohibited by these Terms or any applicable law currently in force;
  26. stalk or otherwise harass any person;
  27. express or imply that any statements the Reseller makes are endorsed by the Firm without the Firm’s specific prior written consent;
  28. use the Service in an illegal manner or to commit an illegal act;
  29. access the Service in a jurisdiction in which it is illegal or unauthorized;
  30. ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
  31. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  32. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
  33. interfere with or disrupt the Service or the servers or networks connected to the Service;
  34. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  35. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
  36. “frame” or “mirror” any part of the Service, without the Firm's prior written authorization;
  37. use meta tags or code or other devices containing any reference to the Firm or the Service (or any trademark, trade name, service mark, logo or slogan of the Firm) to direct any person to any other Website for any purpose;
  38. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
  39. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with the Reseller use of the Service in accordance with these Terms;

Customer Service

The Firm may provide assistance and guidance through its customer care representatives. When communicating with the Firm’s customer care representatives, the Reseller agrees to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If the Firm is of the impression that the Reseller’s behaviour towards any of its customer care representatives or other employees is at any time threatening or offensive as described hereinabove, the Firm reserves the right to immediately terminate the Reseller’s account.

Modification to Service

The Firm reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or Service (or any part thereof) with or without notice. The Reseller agrees and acknowledges that the Firm shall not be liable to the Reseller or to any third party for any modification, suspension or discontinuance of the Service, even if the same should lead to loss of profits, damage, injury, etc to the Reseller. To protect the integrity of the Service, the Firm reserves the right to block Resellers from certain IP addresses from accessing the Service, at any time and in its sole discretion.

IPR Policy

  1. The Reseller may not sell, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limitation to the foregoing, if the Reseller or any third party believes that his/her work has been copied and posted on the Service in a way that constitutes infringement of his/her intellectual property, he/she is required to contact the Firm and provide the Firm with the following information:
  2. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
  3. a description of the work that the individual claims has been infringed;
  4. a description of where such material is located on the Service (and such description must be reasonably sufficient to enable the Firm to find the alleged infringing material, such as a URL, user profile, etc.);
  5. the individual’s address, telephone number and email address;
  6. a written statement by the individual that the individual has a good faith belief that the disputed use is not authorized by the owner of the intellectual property; and
  7. a statement by the individual, made under penalty of perjury, that the above information supplied is accurate, and that the individual is the owner or authorized to act on the owner's behalf;
  8. Notice of claims of misuse and infringement must be provided to the Firm’s grievance officer.
  9. The Firm reserves the right to terminate the accounts of any Resellers found to have misused / infringed the intellectual property of another person/entity, in its sole discretion. The Reseller is aware that the Reseller may also face civil and criminal charges in the event of such misuse / infringement.

Limitation of Liability

  1. To the fullest extent allowed by applicable law, in no event will the Firm, its affiliates, business partners, licensors or service providers be liable to the Reseller or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Firm has been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, the Firm's liability to the Reseller for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Reseller to the Firm for the Service while the Reseller maintains an account. The Reseller agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within One (1) year after such claim or cause of action arose or be forever barred.
  2. The Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm / Website incurring any form of liability whatsoever, these Terms shall stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the Reseller shall be prohibited from accessing the Website and availing of the Service beyond such date.

Dispute Resolution and Jurisdiction

  1. It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of the Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
  2. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
  3. Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Kolkata.

The Parties expressly agree that the Terms and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Kolkata, India shall have exclusive jurisdiction over any disputes arising between the Parties.

Indemnity by the Reseller

  1. The Reseller hereby expressly agrees to defend, indemnify and hold harmless the Website and the Firm, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, caused by or arising out of any and all claims of any individual against the Reseller, including without limitation the non-fulfilment of any of the obligations or commitments of the Reseller under the Terms, or arising out of the Reseller’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other Resellers, or the infringement of any other rights of a third party.
  2. In no event shall the Firm be liable to compensate the Reseller or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable, and whether or not the Firm had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Reseller’s use of or access to the Website, the Service, and any transaction involving a user of the Website and products / services listed by the Reseller. The Firm reserves the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by the Reseller, in which event the Reseller will fully cooperate with the Firm in connection therewith, and hereby expressly agrees to bear the cost thereof.
  3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm incurring any form of liability whatsoever, these Terms shall stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the Reseller shall be prohibited from accessing the Website and availing of the Service beyond such date.

Notices

Any and all communication relating to any dispute or grievance experienced by the Reseller may be communicated to the Firm by the Reseller reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

Miscellaneous Provision

  1. Entire Agreement: These Terms, read with any specific guidelines or rules that are separately posted for particular services or offers in the Service, comprises the entire agreement between the Reseller and the Firm regarding the Reseller’s use of the Website and the Service. If any provision of these Terms is held invalid by any court or governmental authority of requisite jurisdiction, the remainder of these Terms shall continue in full force and effect and the Parties shall attempt to give full effect to their original intention.
  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  4. Non-Transferability: The Reseller agrees that the Reseller’s account is non-transferable and all of the Reseller’s rights to the profile or contents within the account shall terminate upon the Reseller’s death or termination of the Reseller’s access to the Service.
  5. Relationship between the Parties: The Reseller is aware and agrees that no agency, partnership, joint venture or employment is created as a result of these Terms, and the Reseller may not make any representations or bind the Firm in any manner.

Copyright Policy

wecare.digitaltripsiq.app, ritual.gurulegalchamp.app (collectively referred to as “Website”). The Website and the content of the Website is a registered Copyright and We seek to protect our Intellectual Property rights simultaneously while providing Our Services. This Copyright Policy explains how to make use of the Website’s Copyrighted content. This Copyright Policy is a part of the Terms of Use, and on using any of Our Services, it is deemed that You have agreed to this Copyright Policy.

Basics of Copyright

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

Copyright Usage

You may use the content of this Website for Research or private study, criticism/review, reporting current events, any purpose in connection with judicial proceedings. Except as expressly permitted by the other provisions of this Policy and the Terms of Use, You must not download any material from our website or save any such material to your computer.

Unless You own or control the content on the Website, you must not republish content from the Website; sell or subvert material from the Website; display any material from the Website in public; extract content from the Website for any commercial purpose; redistribute material from our website, save to the extent expressly permitted by this Policy and the Terms of Use.

Report Abuse

We encourage the Users of the Website to inform Us if any discovery as to the infringement of this Policy or the Terms of Use is made by contacting Us through https://support.wecare.digital

Our Right to Enforce the Copyright

If it is found by Us that You have infringed this Policy or the Terms of Use or any of Our intellectual property rights, We reserve the right to take legal action against You for either seeking monetary damages or injunctive relief to prevent the impugned copyright infringement.

Authorization to Use Content

You may seek authorization from Us to use the Copyrighted material on the Website by contacting us through https://support.wecare.digital

Disclaimer

1. Introduction

1.1 This Disclaimer shall govern your use of our website’s, wecare.digitaltripsiq.app, ritual.gurulegalchamp.app (hereinafter collectively referred as the “Website”)

1.2 By using Our Website, you accept this Disclaimer in full; accordingly, if You disagree with this Disclaimer or any part of this Disclaimer, You must not use Our Website.

1.3 Our Website uses cookies; by using Our Website or agreeing to this Disclaimer, You consent to Our use of cookies in accordance with the terms of our Privacy Policy.

2. Intellectual Property Notice

2.1 Subject to the express provisions of this Disclaimer -:

(a) We, together with Our licensors, own and control all the trademark and other Intellectual Property rights in Our Website and the material on our Website; and

(b) all the Intellectual Property rights in Our Website and the material on Our Website are reserved.

3. Licence to use Website

3.1 You may:

(a) view pages from Our Website in a web browser;

(b) download pages from our Website for caching in a web browser; and

(c) print pages from our Website,
subject to the other provisions of this Disclaimer

3.2 Except as expressly permitted by Section 4.1 or the other provisions of this Disclaimer, You must not download any material from Our Website or save any such material to Your computer.

3.3 You may only use Our Website for your own personal and not for any commercial purposes, and You must not use Our Website for any other purposes.

3.4 Unless You own or control the relevant rights in the material, You must not:

(a) republish material from our Website (including republication on another Website);

(b) sell, rent or sub-license material from our Website;

(c) show any material from our Website in public;

(d) exploit material from our Website for a commercial purpose; or

(e) redistribute material from our Website.

3.5 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

4. Limited Warranties

4.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on Our Website;

(b) that the material on the Website is up to date; or

(c) that the Website or any service on the Website will remain available.

4.2 We reserve the right to discontinue or alter any or all of Our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Disclaimer, You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if We stop publishing the Website.

4.3 To the maximum extent permitted by applicable law and subject to Section 5.1, we exclude all representations and warranties relating to the subject matter of this Disclaimer, Our Website and the use of Our Website.

5. Limitations and Exclusions of liability

5.1 Nothing in this Disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

5.2 The limitations and exclusions of liability set out in this Section 5 and elsewhere in this Disclaimer: 

(a) are subject to Section 5.1; and

(b) govern all liabilities arising under this Disclaimer or relating to the subject matter of this Disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Disclaimer.

5.3 To the extent that Our Website and the information and services on Our Website are provided free of charge, We will not be liable for any loss or damage of any nature.

5.4 We will not be liable to You in respect of any losses arising out of any event or events beyond our reasonable control.

5.5 We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

5.6 We will not be liable to You in respect of any loss or corruption of any data, database or software.

5.7 We will not be liable to You in respect of any special, indirect or consequential loss or damage.

5.8 You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, You acknowledge that We are a limited liability entity; You agree that You will not bring any claim personally against Our officers or employees in respect of any losses You suffer in connection with the Website or this Disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

6. Variation

6.1 We may revise this Disclaimer from time to time.

6.2 The revised Disclaimer shall apply to the use of Our Website from the time of publication of the revised Disclaimer on the Website.

7. Severability

7.1 If a provision of this Disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 7.2 If any unlawful and/or unenforceable provision of this Disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.