Terms & Conditions
Last Updated: 30/9/2024
These terms of use (“Terms”) mandate the terms on which the users (“You” or “Your” or
“User”) access and register on the web based platform www.wahstory.com The Company
has granted a worldwide, non-exclusive, non-sublicensable, non-transferable and non-assignable
license to the subsidiary to access, use, manage and operate the Platform and use the
Company’s intellectual property in relation to its use on the Platform.
This Terms is an electronic record in terms of the Information Technology Act, 2000 and rules
made thereunder as applicable. The Terms is (i) published in accordance with the provisions
of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any
physical, electronic, or digital signatures by the Company.
These Terms apply to all Users of the Platform, including those Users who view and access the
Content, those Users who are contributors of the Materials and User which may enter into an
agreement such as, a sponsorship agreement with the Company. By clicking on the “I
accept” button provided in the Platform, You expressly accept these Terms and agree to be
legally bound by them.
The Terms are between You and the Company and the User understands and accepts that
Company maintains the Platform to provide Users with information about Company and its
Services. You also accept that You are required to read the below mentioned Terms, and any
use of the Platform constitutes Your acceptance and agreement to be bound by such terms, and
the changes made to this Terms from time to time, relating to Your usage of the Platform as
communicated and made available on the Platform. If You do not agree to any of the terms
enumerated in the Terms and the Privacy Policy, please do not use the Platform.
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DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, for these Terms, the following terms shall have
the meaning ascribed to them hereunder:
- “Applicable Law” means all laws, ordinances, statutes, rules, orders, decrees,
injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges,
agreements, and regulations of any governmental authority/court of law having jurisdiction in India over the relevant matter including any interpretations thereof, in
effect, including but not limited to, Information Technology Act, 2000 and the rules
made thereunder, Digital Personal Data Protection Act, 2023
- “Content” shall mean any content, including but not limited to, pictures, messages,
videos that may be shared, uploaded and posted on the Platform by the User
- “Eligibility Conditions” shall have the meaning as ascribed to under Clause 2.7
- “Company IP” shall have the meaning as ascribed to under Clause 7.1
- “Intellectual Property Rights”means all patents, designs and drawings, trademarks,
service marks, logos, domain names, and utility models, copyrights, inventions, brand
names, and business names, and any similar rights and the benefit (subject to the
burden) of any of the foregoing (in each case whether registered or otherwise, and
includes applications for the grant of any of the foregoing and the right to apply for
any of the foregoing in any part of the world)
- “Materials” includes (i) the text, software, scripts, graphics, photos, sounds, music,
videos, audio-visual combinations, interactive features and other materials and (ii)
comments and Content that You may contribute in any manner on a particular section
of Platform via features or functionalities to the Platform
- “Privacy Policy” shall mean the Privacy Policy available on the Platform
- “Personal Data” shall have the meaning as ascribed to under Clause 2.3
- "Services" shall have the meaning as ascribed under Clause 3
- “User / Users / You” shall mean and include any such User who visits the Platform
or any user who wishes to avail Services through our Platform whether registered or
not on the Platform and shall not include your permitted assigns, successors, heirs,
and legal representatives, unless the context requires otherwise
- “User Account” means the personal online account created by the User to gain access
and use the Platform.
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USER ACCOUNT AND USER OBLIGATIONS
- The User may view and / or access the Services or the Platform by simply visiting the
Platform and clicking on relevant pages that include, articles, newsletters.
Furthermore, to access certain other Services, the User must first create a User
Account with the Platform by providing details, including Personal Data as may be
required by the Company and provided for in the Privacy Policy.
- Confidentiality Obligation: User shall be responsible for maintaining the
confidentiality of the credentials of User Account, and furthermore, Company shall
process and maintain the confidentiality of the Personal Data (defined) in
accordance with the Applicable Law and is dealt in detail in the Privacy Policy of
Company.
- In consideration of Your use of the Platform, You agree: (a) that You are of legal age
and have the capacity to agree to these Terms and furthermore, if You are a parent /
legal guardian of a “minor” then in that event the compliance to the Applicable Law
should be adhered to and Company reserves the legal rights to insert necessary
protocols / check mechanism to enforce the foregoing including but not limited to
the parental / legal guardian’s consent, if required under the Applicable Law and as
detailed under the Privacy Policy; (b) to provide complete, accurate, current, and
required information about You as may be prompted at the time of registration on
the Platform ("Personal Data"); (c) to maintain the security of Your password and
identification; (d) to maintain and promptly update the Personal Data and any
information You provide to Company, to keep it accurate, current and complete for
providing the Services. You are not permitted to use the Platform or submit Content
to the Platform if You do not follow these Terms. If You provide any information that
is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue,
inaccurate, not current, or incomplete), or if the Company has reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete, the
Company has the right to refuse any and all the Services.
- You are entirely responsible for all Content that You upload, post, or otherwise
transmit through Your use of the Platform. You agree not to upload, post or otherwise
transmit Content that: (a) is inaccurate, false, harmful, obscene, pornographic,
defamatory, paedophilic, insulting, racist, violent, offensive, harassing on the basis of
gender, unlawful as per the Applicable Law, harmful to a minor, impersonates another
person, invasive of another’s privacy, relating or encouraging money laundering or
gambling or otherwise objectionable to Company or other Users of the Platform; (b)
includes unauthorized disclosure of Personal Data; (c) violates or infringes anyone's
Intellectual Property Rights; or (d) contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
- You agree not to access (or attempt to access) the Platform by any means other than
through the interface that is provided by the Company. You shall not use any 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 Platform or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the Platform, Materials or any
Content, to obtain or attempt to obtain any Materials, documents or information
through any means not specifically made available through the Platform.
- By using the Platform, You represent and warrant that You currently meet and will
continue to meet the following eligibility conditions ("Eligibility Conditions") for as
long as You use the Platform: (a) You have and will at all times comply with all
Applicable Law and regulations; (b) You have the right, authority and capacity to
enter into these Terms s and to abide by all provisions stipulated in these Terms.
- By using the Platform, You understand and agree that Company may rely on the above
Eligibility Conditions, representations and warranties as true. You understand and
agree that Company may revise the Eligibility Conditions/Terms from time to time
and that User will abide by such revised Eligibility Conditions/Terms or discontinue
using the Platform.
- You also understand and agree Company neither confirms nor denies the validity of
information provided by Users and that Company does not verify that any or all of the
Eligibility Conditions are met by Users.
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SERVICES PROVIDED ON THE PLATFORM
- You acknowledge that the Platform allows You to avail the following Services
including:
- The Company may, at its discretion, add, modify, or remove any of the Services listed
above from time to time. The Company may also, at its discretion, have terms and
conditions specific to any category or section in addition to these Terms.
- The Company does not (i) adopt any ‘unfair trade practices’ either on the Platform
or otherwise with respect to the Services; and (ii) discriminate between Users of the
same class or arbitrarily classify the Users.
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PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS
- User acknowledges and agrees that this Platform and the Content posted herein, which
shall include but shall not be limited to pictures, branding, text, Content, graphics,
designs, brand logos, audio, video, interfaces and/or any other information, or any
Intellectual Property Rights (whether those rights happen to be registered or not, and
wherever in the world those rights may exist) and/or the overall arrangement of
Content is protected and is owned, controlled or licensed by or to Company; all
comments, feedback, ideas, suggestions, information or any other Content provided
by You (hereinafter referred to as “Company IP”). You may not modify, publish,
copy, transmit, transfer, sell, reproduce, modify, create derivative works from, license,
distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or
commercially exploit Company IP in any other way unless the User has agreed
otherwise with Company in writing. User further acknowledges that the Services may
contain information which is designated confidential by Company and that User shall
not disclose such information without the Company's prior written consent.
- You agree not to use any framing techniques to enclose any trademark or logo or other
Company IP, or remove, conceal or obliterate any copyright or other proprietary
notice or any credit-line or date-line on other mark or source identifier included on the
Platform/ Service, including without limitation, the size, colour, location or style of
all proprietary marks. Any infringement shall be vigorously defended and pursued
to the fullest extent permitted by law.
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PRIVACY POLICY
- Company is committed to protecting Your Personal Data. Our Privacy Policy
available on the Platform provides details about the information we collect about You,
how we use it and how we protect it. It also explains Your rights and how to contact
us if You have questions about how we use Your information, including Personal
Data. Further, Company will, upon receipt of government order, or any order from the
court or any competent authority provide information or assistance to authorized
Government agencies for verification of identity or traceability of the User, or
prevention, detection, investigation, prosecution, cyber security incidents and
punishment of offences under any Applicable Law.
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DISCLAIMER
You expressly understand and agree that, to the maximum extent permitted by
Applicable Law:
- The Platform is solely operated and managed by the Company.
- The Services on the Platform are provided by the Company to the Users.
- The Platform and other Content are provided by the Company on an “as is” basis
without warranty of any kind, express, implied, statutory, or otherwise, including
the implied warranties of title, non-infringement, merchantability, or fitness for a
particular purpose. Without limiting the foregoing, the Company makes no warranty
that the Platform or Services will meet Your requirements, or Your use of the Platform
will be uninterrupted, timely, secure, or error-free. No advice or information, whether
oral or written, obtained by You from the Company shall create any warranty not
expressly stated in the Terms.
- Company will not be liable for any loss that You may incur as a consequence of
unauthorized use of Your User Account or User Account information in connection
with the Platform either with or without Your knowledge.
- Company has endeavoured to ensure that all the information on the Platform is correct,
but the Company neither warrants nor makes any representations regarding the
quality, accuracy or completeness of any data, information regarding the Services or
otherwise. The Company shall not be responsible for the delay or inability to use the
Platform or related functionalities, the provision of or failure to provide
functionalities, or for any information, software, functionalities, and related graphics
obtained through the Platform, or otherwise arising out of the use of the Platform,
whether based on contract, tort, negligence, strict liability or otherwise. Further, the
Company shall not be held responsible for non-availability of the Platform during
periodic maintenance operations or any unplanned suspension of access to the
Platform that may occur due to technical reasons or for any reason beyond the
Company’s reasonable control.
- The Company shall have no liability whatsoever for any loss, damage that may be
caused to You due to Your usage of the Platform and Services. Furthermore, in no
event shall the Company’s total liability to You for all losses, damanges and causes
of action exceed, in the aggregate, the amount paid by You, if any.
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UPDATION / AMENDMENT
- Company can update this or any other related policy by uploading an updated
version of this policy on the Platform or any click-through format which would be
considered a consent of the User.
- The most recent version of this or any other policy will govern the use of the
information on the Platform. We may revise or amend this from time to time. If we
decide to change this or any other related policy, we will inform You by posting the
revised policies on the Platform. Company may also, notify You of changes to the
policies via email to the email address associated with Your User Account. If You
object to any changes in this or any other related policy, You should immediately stop
using the Platform and/or Services and close any related accounts. By continuing to
access or use the Platform and/or Services after changes have become effective, You
agree to be bound by the revised amendments.
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MODIFICATIONS TO OR TERMINATION OF THE PLATFORM
- Modification or Cessation:
Company reserves the right to, at any time and from time to time, modify or
discontinue, temporarily or permanently, the Platform (or any part thereof), Services
with or without notice and in its sole discretion. Users agree that the Company shall
not be liable to the User or any third party for any modification, suspension, or
discontinuance of the Services offered by the Company.
- Termination by Company:
The Terms will continue to apply until terminated by either You or the Company as
set forth below. If You object to the Terms or are dissatisfied with the Platform, You
may (i) close Your User Account on the Platform; and/or (ii) stop accessing the
Platform. Furthermore, User hereby acknowledges and agree that the Company, in its
sole and absolute discretion, has the right (but not the obligation) to delete,
terminate, or deactivate User Account, block User’s email or IP address, cancel the
Platform or otherwise terminate User’s access to or participation in the use of the
Platform (or any part thereof), or remove and discard any Content submitted by User
on the Platform, immediately and without notice, for any reason, including without
limitation, User Account inactivity or if the Company believes or has reason to believe that the User
has violated any provision of the Terms. You shall be liable to pay any fees or charges,
if applicable in respect of the Services until the date of termination by either party
whatsoever.
- Effect of Termination:
Upon termination of the User Account, User’s right to participate in the Platform shall
stand terminated. In the event of termination, the User Account will be disabled and
the User may not be granted access to the User Account or any other data contained
in the User Account. Notwithstanding the foregoing, residual data may remain in
Company’s system. Upon termination of Service, the User’s access to the Platform
shall be immediately revoked. The provisions of these Terms which by their very
nature are intended to survive termination shall survive expiration or termination of
the Platform or User Account.
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MISCELLANEOUS
- Charges for Services:
The Company may charge a commission/fees for its Services, on a case to case
basis subject to the User’s add-on requirement over and above the basic features of
Platform as decided by the Company from time to time.
- Advertisements:
The Company may display advertisements and promotions on the Platform. The
manner, mode, and extent of advertising by the Company on the Platform are
subject to change and the appearance of advertisements on the Platform does not
imply endorsement by the Company of any advertised products or Services. The User
agrees that the Company shall not be responsible or liable for any loss or damage of
any sort incurred by the User as a result of any such dealings or as the result of the
presence of such advertisers on the Platform.
- Communications:
You hereby expressly agree to receive communications by way of SMS, telephone
calls, WhatsApp /or e-mails from the Company and other third parties duly authorised
by the Company. You hereby expressly consent to the monitoring and recording, by
the Company of any and all communications between You and the Company or its
agents, employees, consultants, contractors, or representatives of the Company or of
their authorised partners as per the Applicable Law. You can unsubscribe or opt-out
from receiving communications through SMS and e-mail from the Company. In which
case, the Company will only send You communications solely required for the
purposes of the Services provided through the Platform.
- Use of Cookies:
The Company uses cookies to aggregate information about the User’s sessions,
track information, store certain User preferences, analyse web page flow, etc. so that
the Company can update and redesign the Company Platform, as necessary, to
provide User with the most useful information.
Users have the option to either accept or decline the use of cookies on their
computer/device, whether they are registered or not. However, a User’s experience of
the Platform shall be limited and certain features of the Platform will not be
available if the User declines the use of Cookies.
- Customer Care & Grievance Mechanism:
The User is hereby informed that in case of any queries relating to the Services, the
User may contact the customer care, the details are mentioned
below:info@wahstory.com
In the event the User has concerns / issues relating to the Services provided by
Company, the User is hereby informed that Company aims to provide You the best
experience and thereby, is fully committed to resolve all the issues faced by You in
relation to the Services we provide within 15 (fifteen) days from the date of receipt of
the complaint.
To Address the queries/concerns of the Users, please note that we have a fully
committed redressal mechanism and that Your complaint shall be acknowledged with
a period of 24 (twenty four) hours and the same be resolved within a period of 15
(fifteen) days. In this regard, kindly contact our grievance officer on the details
below:
