TERMS OF USE


The very idea at “Worldwide Hydraulic Professionals” - “WHYPS” is to facilitate the original equipment manufacturers, distributors, design engineers, technicians, recruiters and such people connected with hydraulic/fluid power industry to interact with each other, share their details, introduce new technology, ideas and developments, and initiate any dialogue between the players about anything that is new around the world relevant to hydraulic/fluid power industry, products and also career.

  1. GENERAL
  2. ELIGIBILITY
  3. TERM
  4. TERMINATION
  5. ONLINE PLATFORM
  6. REGISTRATION
  7. CONTENT
  8. COMMUNICATION
  9. CHARGES
  10. MODE OF PAYMENT
  11. SECURITY
  12. USER OBLIGATIONS
  13. COMMUNICATION WITH USER
  14. SUSPENSION OF USER ACCESS AND ACTIVITY
  15. CONFIDENTIAL INFORMATION
  16. INDEMNITY AND LIMITATIONS
  17. INTELLECTUAL PROPERTY RIGHTS
  18. DISLAIMER OF WARRANTIES AND LIABILITIES
  19. SUBMISSIONS
  20. FORCE MAJEURE
  21. DISPUTE RESOLUTION AND JURISDICTION
  22. AMENDMENT
  23. NOTICES
  24. PRIVACY
  25. MISCELLANEOUS PROVISIONS
  26. REFUND AND CANCELLATION POLICY
Go to top1.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 www.whyps.com
  • The domain name www.whyps.com ("Website" & “Whyps”) is owned and operated by Maraborox Infomedia a Pvt. Ltd. Company (“Company”) registered under the provisions of the Companies Act 2013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  • For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
    • The term ‘You’ ‘Your’& ‘User’ shall mean any legal person or entity accessing, using the services or purchasing Equipment provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
    • The term ‘Equipment’ shall mean any hydraulic/fluid power Products and machinery listed for sale on the Website.
    • The term ‘Customer’ shall mean and refer to all those registered Users who wish to post or view advertisement listed on the Website or avail the services of the Professionals registered on the Website
    • The term ‘Professionals’ shall mean and refer to those Users who specialize in any field of work related to the Hydraulics and offer their services to Customers on the Website.
    • The term ‘Sponsors’ shall mean and refer to any individual or company who wishes to sponsor the website by methods of monetary sponsorships.
    • The term ‘Advertiser’ shall mean and refer to any individual or company who wishes to advertise their brand or product on the website for a stipulated fee. This does not include the advertisements on the website for the sale of hydraulic products.
    • The term "Content" shall mean and refer to any information that You provide as a registered User on the Website.
    • The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the Users and the Company individually and collectively, as the context so requires.
  • The headings of each section in these Terms 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 User is solely governed by these Terms as well as the Privacy Policy (“Policy”, available at www.whyps.com/privacypolicy) and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.
  • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User 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 these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  • The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
Go to top2.ELIGIBILITY

The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.WHYPSby Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham on the website whyps.com The standard chunk of Lorem Ipsum used since the 1500s is reproduced below for those interested. Sections 1.10.32 and 1.10.33 from "de Finibus Bonorum et Malorum" by Cicero are also reproduced in their exact original form, accompanied by English versions from the 1914 translation by H. Rackham.

Go to top3.TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

  • The User continues to access and use the Website; or
  • The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 16, 17, 18, 21 & 25 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

Go to top4.TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Equipment and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.

Go to top5.ONLINE PLATFORM

The Website offers a variety of Services and Equipment related to the field of Hydraulics. The very idea at “Worldwide Hydraulic Professionals” - “WHYPS” is to facilitate the original equipment manufacturers, distributors, design engineers, technicians, recruiters and such people connected with hydraulic/fluid power industry to interact with each other, share their details, introduce new technology, ideas and developments, and initiate any dialogue between the players about anything that is new around the world relevant to hydraulic/fluid power industry, products, career and it also facilitates buying and selling of hydraulic/ fluid powered products between users by serving as a platform to connect them.

"WHYPS" provides a service in media, communication, marketing and advertising across the world. We aim at providing quality information and Equipment related to hydraulics/fluid power industry. The Website also provides a platform where Hydraulics Professionals who can offer their Professional expertise and services to the Customers. Customers also have the option to choose from a long list qualified Professionals with the help of Whyps. Our network of experienced and licensed Professionals and contractors stand ready to assist You with a broad range of Hydraulics Equipment and Services.

Go to top6.REGISTRATION

To fully avail the services of the Website and use of it, registration is required. In order to post advertisements to sell Hydraulic Equipment and to access advertisements for the purpose of purchasing products from individual sellers from this Website and avail the services of the listed Professionals, You are required to register Yourself by providing the following information which inter alia includes Name, Gender, Date of Birth, Current Address, User Name, Password, Email ID, Mobile Number. Users who register with Whyps can view and post advertisments for Equipment by the and avail the services of the Website and Professionals.

Registration for this website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Maraborox Infomedia Pvt.Ltd. reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, 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 and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

Go to top7.CONTENT

If the Professionals listed on the Website posts information including but not limited to their photograph, job title, technical details, product details, news, exhibitions, careers, education details, training programmes, surveys and other information on the profile section and on the Website, the Website has the right to use this Content for marketing purposes. Information about hydraulic field and industry such as technical articles, news, events, information, products, exhibitions, trade shows, conferences, meetings, market trends, new projects, hydraulic industry articles, books and magazines, training courses, learning resources, training institutes, newly launched products, used products, surplus products, career-job vacancies in different companies, advertisements etc. can be made available on the Website.

  • Professionls acknowledge and agree that the Website may use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, of Professional obtained through the Website(“Content”) to create marketing Equipment in whole or in part, in any manner or media as the Website sees fit, and
  • Professionls acknowledge and agree that the Website owns all right, title and interest in and to the Content and any and all Intellectual Property Rights embodied in the Content.
Go to top8.COMMUNICATION

By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to info@whyps.com with the subject [Stop Promotions]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company 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 Parties that any information shared by the User with the Company shall be governed by the Policy.

Go to top9.CHARGES

The browsing of the Website by the User is free of cost. For the purchase of products as listed on the advertisement, the buyer is to contact the seller individually and the website plays no role in the payment process . Customers may agree to receive Services and Professionals may agree to provide his/her services to Customers outside of the Whyps platform with Customers or Professional identified through the Whyps platform, but only on the terms set forth in this Agreement. Prior to contracting outside of the Whyps platform to provide or receive Services from a Customer/Professional identified through the Whyps Platform. The Customer agrees to make the payments with complete honesty and good faith in accordance with the payments terms stated by the Professionals for their services availed. The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website.

Go to top10.MODE OF PAYMENT

Sponsors or Advertisers shall be required to pay the stipulated amount through an online payment gateway. To process such financial transactions, We use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

The Company accepts the following modes of payment:

  • Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
  • Visa Debit cards issued by domestic banks and those which are acceptable by the ESP;

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safekey to complete the transaction.

The Advertiser or the Sponsor is required to complete the transaction, including making payment for the service opted for. Once the payment transaction has been successfully completed, the service will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the service order is successfully placed. Thereafter, the Equipment purchased by the User will be activated based on successful completion of verification of information furnished by the user. On payment of the stipulated fee by the Advertiser and on receiving the payment, the advertisement uploaded by him shall be visible on the website.

Go to top11.SECURITY

Transactions on the Website are secure and protected. Any information entered by the the Customer 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 Company/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.

Go to top12.USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:

  • agrees that they are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or any Professionals may suffer for any such breach.
  • agrees and acknowledges that the Company is not the seller of the Equipment and the Company shall in no manner be deemed to be the responsible for the Equipment on this Website. The Website is only facilitating a platform for Vendors to sell the Equipment and engaging the services of Professionals by You.
  • agrees that the Website may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
  • agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for any purchases on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
  • agrees to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
  • agrees to make no representations or warranties or enter into any contracts on behalf of the Website/Company. Customers and Professionals may agree to additional terms in their contract productly different than the standard Terms; however, nothing in such contract will in any way limit or modify the Company's rights.
  • recognizes, acknowledges and agrees that the Professionals on the Website are not employees of the Company and that the Company does not, in any way, supervise, direct, or control their work or services
  • is 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. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. 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 contained on the Website is expressly prohibited.
  • agrees not to access (or attempt to access) the Website and/or the Equipment or services by any means other than through the interface 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 its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, or to obtain or attempt to obtain any other Content, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 14 hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to Content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive Content on the Website. The User expressly agrees and acknowledges that the Equipment displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Equipment through the Company’s Website, and that the Company/Website is in no way responsible for the Content of the same. The User may however report any such offensive or objectionable Content, which the Company may then remove from the Website, at its sole discretion. In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such Content is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such Content that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
  • Further undertakes not to:
    • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
    • Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
    • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
    • Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; 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;
    • Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
    • Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
    • 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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other Customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites/Application or any affiliated or linked Websites;
    • Collect or store data about other users of the Website.
    • Use the Website or any Product or Content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
    • Violate any code of conduct or guideline which may be applicable for or to any particular Equipment offered on the Website;
    • Violate any applicable laws, rules or regulations currently in force within or outside India;
    • Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    • Threaten the unity, integrity, defence, 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 the investigation of any offence, or insult any other nation.
    • Publish, post, or disseminate information that is false, inaccurate or misleading;
    • Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
    • Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
  • Further undertakes not to:
    • In order to generally use and browse through the Website, You need not be a registered User. However, certain parts or sections of the Website demand you to register. If registration is required, You agree to provide us with accurate and complete registration information.
    • It is the sole responsibility of the user to inform Company of any changes to that information.
    • Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
    • You are responsible for maintaining the confidentiality of your account credentials.
    • You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
    • When a User registers on the Website, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
    • Any attempt by the User to use fake/stolen Credit and Debit Cards will result in the blocking of the User’s account by the Company.
    • In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use your information, please visit our Privacy Policy at www.whyps.com

    information, please visit our Privacy Policy at www.whyps.com. The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company 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 Company/Website might be directed to disclose any information (including the identity of persons providing information or Content on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

    All Customers and Professionals are to comply with all laws applicable to them or to their activities, and with all posted Website’s Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Website's discretion, and the currently effective policies will be deemed to be part of this Agreement.

    The Professional are responsible for providing all tools and Equipment necessary to complete the Contract, unless explicitly stated in advance by the Customer. Professionals agree to respond to all Customer communications and requests for information within one business day. If the Professionals are unable to meet this requirement due to an absence, he/she is expected to notify the Customer at least 2 weeks prior. After the completion of a contract, the Customer can provide timely, honest and objective feedback on the Professionals.

    You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

    The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the Content posted on the Website, but that it has 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. Notwithstanding this right, the User remains solely responsible for the Content posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any Content posted, or for any claims, damages or losses resulting from use of any such Content and/or the appearance of any Content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all Content provided as well as all information contained therein, and that such Content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive Content, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such Content on the Website.

    Go to top13.COMMUNICATION WITH USER

    When the User decides to contact the Website they can do so by through Phone or email and gives consent so that the Website can contact the consumer. The Website shall send notifications to consumers through email, SMS notification feature to inform about current promotional offers and discounts. User/Customer shall contact the Company for any Equipment related queries through Phone or email.

    Go to top14.SUSPENSION OF USER ACCESS AND ACTIVITY

    Notwithstanding other legal remedies that may be available to it, the Company 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 membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:

    • If the User is in breach of any of these Terms or the Policy;
    • If the User has provided wrong, inaccurate, incomplete or incorrect information;
    • If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
    Go to top15.CONFIDENTIAL INFORMATION

    Confidential Information shall mean any information disclosed by the Customers/Professionals related to the project undertaken by an agreement by both Parties. However, Confidential Information shall not include information that: (a) is now or subsequently becomes publicly known through no wrongful act or omission of the Professional or anyone to whom it discloses such information; (b) the Professionals can demonstrate by written records to have had rightfully in the Customers possession, free of restriction, prior to the date of this Agreement; (c) the Professionals can demonstrate by written records to have obtained on or after the date of this Agreement, rightfully and free of restriction, from a third party who has the right to transfer or disclose it, provided that it was not acquired, directly or indirectly, from the customer; (d) the Professionals can demonstrate by its written records to have been independently developed.

    All Professionals using the Website acknowledge that certain information disclosed by Customer may be confidential and, if so, must be protected. All Confidential Information and its embodiments and derivatives shall remain the sole and exclusive property of the customer and no license or other right with respect to Confidential Information is granted or implied hereby. 

    Go to top16.INDEMNITY AND LIMITATIONS

    The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any Equipment or services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.

    Each Customer shall indemnify, defend and hold harmless the Company from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Customer’s use of services, including without limitation claims by or on behalf of any Professional’s compensation; (ii) any Service Contract entered into between such Customer and a Professional; or (iii) any breach of their obligations set forth herein.

    Each Professional shall indemnify, defend and hold harmless the Company from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to: (i) such Professional's provision of services, (ii) any contract entered into between such Professional and a Customer; or (iii) any breach of their obligations set forth herein.

    Go to top17.INTELLECTUAL PROPERTY RIGHTS

    Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

    The User 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 users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.

    The User is aware that the Equipment sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Equipment resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Equipment are listed for sale to the Users of the Website, and neither the Company nor the Website owns any of the intellectual property relating to the Equipment displayed on the Website.

    The Intellectual Property Rights subsisting or which subsequently subsists in all Equipment or any other shall belong to the Manufacturers absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Customer without the Manufacturer’s or the Website’s written consent for any purpose other than that for which they were furnished. Whyps shall contact the Manufacturer to obtain any such permission sought by the Customer.

    The Website accepts no responsibility for the accuracy and authenticity of Equipment or specifications supplied by the Manufacturer. The Customer shall indemnify the Manufacturer and Whyps against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Customer’s instructions express or implied and the Customer will fully indemnify the Manufacturer and Whyps against any liability in respect thereof and shall pay all costs and expenses which may be incurred by the Manufacturer and Whyps in reference to any such claim.

    We at Whyps respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at info@whyps.com.

    The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

    Go to top18.DISLAIMER OF WARRANTIES AND LIABILITIES

    Except as otherwise expressly stated on the Website, all Equipment offered on the Website are offered on an "as is" basis without any warranty provided by the Website whatsoever, either express or implied

    • All commercial/contractual terms are offered by and agreed between the buyer and the seller. The Company pays no role other than connecting the buyer and the seller.
    • The Company/Website is not responsible for any non-performance or breach of any contract entered into between Customers and Professionals. The Company/Website shall not and is not required to mediate or resolve any dispute or disagreement between Customers and Professionals.
    • The Company/Website does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Equipment proposed to be sold or offered to be sold or purchased on the Website. The Company/Website does not implicitly or explicitly support or endorse the sale or purchase of any Equipment on the Website.
    • The User understands and agrees that the Website uses commercially reasonable efforts to display the colors of the Equipment accurately via the Website and services. However, because individual computer monitors may display colors differently, the Website is not responsible for the color accuracy of any Equipment displayed on the Website and services, and disclaims all liability in this regard.
    • The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any Equipment listed on the Website or availing any services of the listed Professionals, or accessing/using any information displayed thereon.
    • The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, Professionals 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 any Equipment purchased or service availed of by the User from the Website.
    • The User is solely responsible for the security and confidentiality of his/her credit/debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
    • The Company/Website shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by the Website with our acquiring bank from time to time.
    • It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy
    Go to top19.SUBMISSIONS

    The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the Content contributed as advertisements to the Website, and that use of such Content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

    Go to top20.FORCE MAJEURE

    Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

    Go to top21.DISPUTE RESOLUTION AND JURISDICTION

    It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the Contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

    • 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;
    • 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 Company, 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 the city of kochi, in the state of Kerala, India.

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

    Go to top22.AMENDMENT
    • We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
    • The Company has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
    • Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.

    You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.

    Go to top23.NOTICES

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

    Go to top24.PRIVACY

    We encourage You to read our Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and Content (such as but not limited to photographs) which You provide on the the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

    Go to top25.MISCELLANEOUS PROVISIONS
    • Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
    • 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.
    • 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.
    Go to top26.Refund and Cancellation Policy

    Due to the nature of placing a classified ad online, we do not generally offer refunds on listing fees. Once an ad is posted, the advertisement will immediately gain exposure to our visitors, however, no guarantees are made as to the success of the advertisement.

    We adhere to the following policy with respect to requests for refunds of listing fees:

    • We will not provide a refund, for any reason, once the advertisement has been published. Advertisements cancelled prior to publishing will be refunded in full.
    • Due to the type of advertising sold online, no prorated refunds will be made for any ad cancelled following the first publication.
    • Advertising should be checked for errors by the advertiser on the first day of publication. Credit for Publisher’s errors in advertisements will be allowed for the first insertion.
    • No typographical mistakes by the advertiser will be considered for adjustment and no credit is made for errors that do not materially affect the value of the advertisement.
    • No refunds are offered to advertisers who wish to cancel enhancements to an ad posting after the advertisement has been published the first time in print, online or both.
    • Approved refunds for credit card transactions will be made as credits to the credit card account used in the initial transaction.

    Advertisements can be cancelled within 24 hours after posting and no refund will be provided.Publisher reserves the right to edit, classify, reject or cancel any portion or all advertising as determined in the publishers sole discretion. Any advertising language that does not comply with Federal, State or local laws including, without limitation, those regarding the prohibition of discrimination in employment, housing and public accommodation will be rejected.

    DISCLAIMER

    The Terms of Service shall govern your use of the site www.Whyps.com. The said terms and conditions may be amended from time to time on the website and the Customer including potential Customer is advised to periodically check for applicable terms and conditions. The Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Equipment proposed to be sold or offered to be sold or purchased on the Website. The Company does not implicitly or explicitly support or endorse the sale or purchase of any Equipment on the Website.

    The Website is merely a platform which facilitates the sale of Hydraulic Equipment and a venue where Users may act as Customers or Hydraulics Professionals. The Website is not a party to any contracts between Customers and Hydraulics Professionals. The Website has no control over the said Professionals or over the services promised or rendered by the said Professionals. The Website makes no representations as to the reliability, capability, or qualifications of any Professionals or the quality, security or legality of any services and The Website disclaims any and all liability relating thereto.

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