Terms and Conditions

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 user agreement for access or usage of www.WowGiftsIndia.com website.

User Agreement

This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use WowGiftsIndia.com, including any sub-domains, webpages or extension of WowGiftsIndia.com (Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of WowGiftsIndia.com and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.

Amendment: Wowgifts Shopie (Henceforth referred to as “Firm”) reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Firm believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Firm posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Firm will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Firm. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

Definitions

Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) WowPay Facility or (ii) the buyer (if permitted by the seller) has opted to deposit the Transaction Price in the bank account of the Firm by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Firm within [3] days of booking the Transaction.

Cash on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Firm in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for Delivery of items outside India.

Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Firm) by the Firm through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.

Dispatch/ Dispatched shall mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Firm) have been dispatched by the Firm through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on the Website.

Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Firm from time to time, which the seller/ Logistics Partner is obligated to provide to the Firm [on the Website] as proof that the item has been Dispatched and/or Delivered, as the case maybe.

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Firm or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.

Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.

Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Firm that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Firm may require.

Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed on the Website.

Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the air delivery charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Firm.

Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.

Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account [The Buyer Bank Account is  required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].

WowPay Facility means the page there you choose a payment gateway, there is automated electronic payment or collection and remittance facility provided by the payment gateway providers to Buyers to facilitate purchase of items and making payments there for on the Website directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, WowPay Facility supports PayUmoney & CC Avenue as our payment gateway facility providers for all the payments through online bank transfers and/or Valid Card (credit/ debit/ cash card). The Firm may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on the Website.]

Eligibility

This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.

If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Registration and Communication

Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Firm, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.

You agree that your sole purpose of registering or using the Website is to buy unique products such as may be specifically notified by the Firm on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Firm has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Firm reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever. Other than being a User, there is no separate registration requirement for buyers. The WowPay Facility is available to Buyers who hold a Valid Card or Valid Bank Account.

Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Firm. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Firm is through electronic records and you consent to receive communication from the Firm via electronic records which will be deemed adequate service of notice/ electronic record.

Terms of Use

You understand and agree that the Firm and the Website merely provide hosting services to its Users who access the Website for purchase of its unique products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Firm to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Firm or the Website to do so.

If you purchase anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.

You agree that the Firm may appoint any third party service provider, including but not restricted to one or more of the Firm’s affiliate to provide backend operations and support as instructed by the Firm from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.

The Firm neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Firm has no control over third parties and contents generated by the Users on the Website.

Any information provided by you to the Firm or submit on the Website or provide or display to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Firm or the Website merely is a platform where such information is distributed, published, displayed or used by Users. The Firm or the Website is not liable for accuracy, appropriateness or legality of such information.

WowGiftsIndia Policies for Buyers

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by WowGiftsIndia.com Rules and Policies for Buyers as provided below –

  • As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the Transaction Price which shall be paid to the seller through your Issuing Bank (except in case of cash payments).
 
  • You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.
 
  • Payment Method: You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website. You will be intimated when (i) the Transaction Price is credited to the account of the Firm (in case of Payment on Billing) or (ii) on committing to pay the Transaction Price on Delivery if you opt for Payment on Delivery payment method, which will be confirmed by the Website. The Website shall notify the Buyer upon Payment Confirmation as provided herein.
 
  • Non-payment: Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method of opting for Payment on Delivery or such other payment method provided by the Firm on the Website, in respect of the product as described in the listing.
 
  • Contacting Users: Users shall not communicate with other Users outside the Website to warn them about a products or listing. However, you are entitled to provide feedback and/or reviews/ ratings as per the feedback facilities provided on the Website.
  • Contact Information: The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Firm takes no responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.
  • Feedback: You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of the Website or your experience whilst using the Website, known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback. You must inform the Company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at customercare@WowGiftsIndia.com
  • Limit on volume of Transactions: The Firm reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
 
  • The Firm reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Firm or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
  • Arrangement with the Issuing Bank: All Transactions conducted on the Website for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions on the VillaPay Facility will also be governed by the terms and conditions agreed to between the buyer and the respective Issuing Bank and payment instrument issuing company and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless the Firm and its service providers against any direct or indirect liability that may arise on account of such violation. All online bank transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the WowPay Facility to provide these services to the Users.
  • Octroi and other local levies: Delivery of items to buyers located in places where octroi or other local taxes and levies are charged will be liable to pay the same to the courier company even though the listing mentioned no such octroi, taxes or levy.

User Obligations

All contractual terms of the manner and terms and conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that you may transact with.

You will treat the Website as a mere passive conduit which is used as a platform for Users to create listings or provide information for the purpose of selling items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items or provide feedback on items they have purchased.

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

  1. belongs to another person and to which You do not have any right to;
  2. 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person or use an anonymous proxy;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  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;
  10. shall not be false, inaccurate or misleading;
  11. shall not, 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;
  12. may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
  13. link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions, the Firm has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.

You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Firm accountable for any loss of data in any circumstances.

You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.

In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Firm of such violation at customercare@WowGiftsIndia.com.

If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.

You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Firm in writing.

You shall not attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive funds from the Firm and/or its service providers and/or the buyer or seller as the case maybe.

  1. Consent and Privacy Policy
By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website on the WowPay Facility, by the Firm. The personal information / data including but not limited to the Information provided by You to the Website/ WowPay Facility during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Firm does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the Firm only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

The Firm views the protection of user’s privacy as a very important community principle. The Firm clearly understands that you and the personal information provided by you is one of the most important assets to the Firm. The Firm stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.

  1. Acceptance of Refund Policy


All payments for refund of the Transaction Price shall be accordance to the Refund Policy which is incorporated herein with the applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009. Refund Policy is a part of this User Agreement and your access & using the Website is mean your acceptance of the Refund Policy.

  1. Declaration
It is declaration herewith that in the products of handicraft, there is a possibility of little variation in size, weight, color & design. Also little color difference is possible due to photography effects & your computer screen brightness & contrast. Your access & use of the Website is mean that you know very well about this declaration.

  1. BREACH
Without limiting other remedies that the Firm may pursue, the Firm may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:



  1. You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
  2. Any misuse of the WowPay Facility
  3. The Firm is unable to verify or authenticate any information provided by you;
  4. The Firm believes that your actions may cause legal liability to the Firm, other Users or yourself.


No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Firm may have against the User.

Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Firm. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Firm reserves the right to recover any amounts due and owed by you to the Firm and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.

  1. Grievance Redressal Mechanism
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, WowPay Facility or the Firm, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer at customercare@WowGiftsIndia.com and provide him with all necessary information and/or documents to enable the Firm/ Grievance Officer to resolve the issue.

The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

  1. General


None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Firm and you shall have no authority to bind the Firm in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to the Firm shall be given by email to customercare@WowGiftsIndia.com and any notices to you by the Firm shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Firm with respect to the subject matter herein.

The Firm at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Firm assigns this User Agreement on the same terms or such terms that are no less favourable to you.

All remedies of the Firm under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

  1. ARBITRATION
If any dispute arises between you and the Firm during your use of the Website or the WowPay Facility or WowGiftsIndia Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or WowPay Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Firm whose decision shall be final. The place of arbitration shall be Nathdwara jurisdiction only. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  1. GOVERNING LAW
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction.

This document is an electronic record in terms of Information Technology Act, 2000 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.
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