TERMS AND CONDITIONS FOR USERS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE WAKHAL PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Terms") apply exclusively to your access to, and use of, the Wakhal Platform (the "Wakhal"), and the information and other services provided on the Wakhal (the "Services"). If you are using the Wakhal on behalf of any person (and for the purposes of these Terms, "person" includes natural persons and any type of incorporated or unincorporated entity), you represent and warrant that you are authorized to accept these Terms on such person's behalf, and that such person agrees to indemnify you and WAKHAL for violations of these Terms.
Each time you use the Wakhal you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by these Terms as they then read.
The Wakhal may be accessed and used only be individuals who can form legally binding contracts on their own behalf and on behalf of the persons they represent, and who have accepted these Terms.
These Terms are in addition to and supplement any other written agreements you may have with WAKHAL, or its subsidiaries or affiliates, for products, services or otherwise. These Terms will govern regarding access to and use of the Wakhal, and the other agreements will govern regarding all other matters.
WAKHAL reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Wakhal, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon the release of any updates of the Wakhal. Your continued use of this Wakhal following any updates, changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these Terms, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Wakhal. If you do not agree to the amended terms, you must stop using the Wakhal.
2. Consent to Receive E-mails
3. Copyright and Limited License
Unless otherwise indicated, the Wakhal and all content and other materials on the Wakhal, including, without limitation, the WAKHAL logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Wakhal Materials") are the proprietary property of WAKHAL or its licensors or users and are protected by, India and international copyright laws.
You are granted a limited, non-sub licensable license to access and use the Wakhal for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include or authorize: (a) any resale or commercial use of the Wakhal or the Wakhal Materials therein; (b) the distribution, public performance or public display of any Wakhal Materials, (d) modifying or otherwise making any derivative uses of the Wakhal and the Wakhal Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; or (f) any use of the Wakhal or the Wakhal Materials other than for its intended purpose. Any use of the Wakhal or the Wakhal Materials other than as specifically authorized in these Terms, without the prior written permission of WAKHAL, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Copyright Complaints
If you believe that any material on the Wakhal infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Full Address of Designated Agent to Which Notification of Claimed Infringement Should be Sent:
E-Mail Address at email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Wakhal, electronic mail to a user's e-mail address in our records.
Wakhal logo sand any other product or service name or slogan contained in the Wakhal are trademarks and/or registered trademarks of WAKHAL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WAKHAL or the applicable trademark holder. In addition, the look and feel of the Wakhal, including all page headers, custom graphics, button icons and scripts, is the service mark and/or trademark of WAKHAL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and WAKHAL names or logos mentioned in the Wakhal are the property of their respective owners.
6. No Advice, No Client Relationship
Information posted or made available on or through the Wakhal with regards to businesses and their products is provided to WAKHAL by businesses and their suppliers.
THE WAKHAL SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE WAKHAL, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
7. Disclaimers and Acknowledgements Regarding Use of Wakhal Information
The information included in the Wakhal is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Wakhal Materials, such as business and product information other Information), and that information on the Wakhal may be outdated or contain errors, omissions or misinterpretations of information. You should independently verify the accuracy of any information you obtain on the Wakhal before using it. You agree to be solely responsible for your use of the Wakhal, the Wakhal Materials and the Services.
WAKHAL IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING PRODUCT INFORMATION.
WAKHAL reserves the right to change any and all content contained in the Wakhal and any Services offered through the Wakhal at any time without notice. Reference to any service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by WAKHAL.
8. Disclaimers and Limitation of Liability
WAKHAL does not accept any liability for your use of the Wakhal. For that reason, the following provisions apply to all matters arising from, connected with or related to the Wakhal:
THE WAKHAL, THE WAKHAL MATERIALS (INCLUDING ANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SEQUENCE, OR TIMELINESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY WAKHAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WAKHAL MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT (A) THE WAKHAL WILL BE COMPATIBLE WITH YOUR HARDWARE AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WAKHAL WILL BE AVAILABLE OR FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WAKHAL WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WAKHAL WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH ACCESS TO OR USE OF THE WAKHAL; (F) ACCESS TO AND USE OF THE WAKHAL WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND WAKHAL DISCLAIMS ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE WAKHAL MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WAKHAL'S CONTROL. WAKHAL OPERATIONS MAY NOT BE CONTINUOUS OR UNINTERRUPTED AND MAY BE SUBJECT TO SECURITY OR PRIVACY BREACHES.
B) LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THESE SITE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL WAKHAL OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE WAKHAL, THE SERVICES, THESE TERMS, THE TERMINATION OF THESE TERMS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WAKHAL, OR YOUR PURCHASE OF ANY PRODUCT AS A RESULT OF YOUR USE OF THE WAKHAL, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL WAKHAL EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR OPINION OBTAINED FROM THE WAKHAL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WAKHAL'S RECORDS, PROGRAMS OR SERVICES.
IF, NOTWITHSTANDING THE ABOVE, WAKHAL IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF WAKHAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WAKHAL FOR ACCESS TO OR USE OF THE WAKHAL OR ANY WAKHAL SERVICES.
9. Third Party Content
WAKHAL may provide links to Web pages and content of third parties as a service to those interested in such links and content, and WAKHAL may post third party content to the Wakhal including without limitation Information (such content is collectively referred to as "Third Party Content"). WAKHAL does not monitor or have any control over and is not liable for any Third Party Content or third party Web sites. WAKHAL does not endorse or adopt any Third Party Content or third party website and can make no guarantee as to its accuracy or completeness. WAKHAL does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility or liability to update or review any Third Party Content or third party websites. Users use these links, Third Party Content and third party websites at their own risk. THE WAKHAL SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY THIRD PARTY CONTENT YOU ENCOUNTER ON OR THROUGH THE WAKHAL, AND ANY USE OR RELIANCE ON THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
10. Third Party Services
11. Advertisements and Promotions
WAKHAL may run advertisements and promotions from third parties on the Wakhal. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WAKHAL, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. WAKHAL is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-WAKHAL advertisers on the Wakhal.
12. Applicable Law and Venue
These Terms and your use of the Wakhal shall be governed by and construed in accordance with the laws construed in accordance with and governed by the laws of the Province of Ontario. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Wakhal or these Terms shall be filed only in the local courts located in Toronto and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Terms, WAKHAL reserves the right, without notice or liability to you and in its sole discretion, to terminate your license to use the Wakhal, and to block or prevent your access to and use of the Wakhal.
If your permission to access or use the Wakhal is terminated by you or WAKHAL for any reason, then these Terms will continue to apply and be binding upon you regarding your prior access to and use of the Wakhal, and anything connected with, relating to or arising therefrom. Without limiting the generality of the foregoing, and notwithstanding any other provision of these Terms, Sections 1, 5, 6, 7, 8, 12, 13 and 14 of these Terms, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of your permission to access or use the Wakhal and remain in full force and effect.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16. All Rights Reserved
Any rights not expressly granted by these Terms are reserved to WAKHAL.
For any inquiries, please use the contact form https://wakhal.com/contact
17. Any Contest is sponsored and administered by WAKHAL. Although the Contest may be communicated or promoted by means of third party social media or social networking site, the Contest is not sponsored, endorsed or administered by Apple or Google, or associated with any Third-Party Service; any questions, comments or complaints regarding the Contest should be directed to WAKHAL not to any Third-Party Service. Participants to any contest using wakhal platform should of 17+ years of age.