The Terms will apply in respect of all websites or other electronic content applications (“Sites”) owned or operated by Webnish Software LLP (hereinafter referred to as 'Webnish', 'Our', 'Us', 'We') or its wholly owned subsidiaries unless specified to the contrary on the relevant Site.
This Terms and Condition for Use of the Sites is a legal agreement (Agreement) between you and Webnish, a limited liability partnership incorporated in India, providing, among other things, the terms and conditions for your use of subscription services, primarily a technology and hosting service that will assist in setting up your website (the 'Services').
Read the Terms and Conditions carefully. Your use of Services on the Website means you are consenting to these Terms and Conditions. You could archive the copy of this Agreement for your records. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Webnish, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Website Terms on such entity's behalf, and that such entity agrees to indemnify you and Webnish for violation of these Terms.
We reserves the right to change or modify any of the terms and conditions contained in the Terms of Service, and any such changes shall be communicated to You by indicating the summary of changes made at the top of the Terms of Service the date such document was last updated. Any material changes shall be highlighted on the website. Your continued use of Sites and the Services after such changes or modifications will mean your acceptance of the changed Terms of Service.
1. AUTHORISED USERS:
You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website Services are available to legal entities or individuals aged 18 years or older. By using the Website you represent that you are atleast 18 years old.
3. ACCOUNT SECURITY:
You are solely responsible for the confidentiality of any password and other account information that you create in order to use the Services. You agree to notify us immediately on any unauthorized use of you r account, user name, or password. You also agree that We are not liable in any manner for any loss, additions, modification or deletions that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password. Log-in to your account shall be used by one person. Multiple people are not permitted to share the same/single log-in.
4. SERVICES AND USE OF WEBSITE:
4.1 Webnish provides technology tools for setting up and hosting the websites of the users. The details of the Services are provided here . Use of the Website may require you to use software provided by or operated by us, and on occasion we may make certain software available to you for usage of the Service. To the extent you use such software or download such software from our Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") will be deemed to be licensed to you by us, for providing Services to you and enabling you to use those Services only. We do not transfer either the title or the intellectual property rights to the Software, and We (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
4.2 You may be provided a pre-drafted questionnaire from which Content will be created for the Services. Prior to the Services going live, You will be provided a limited access beta preview of the Services. This entails a demonstration of the Services as it would appear and be viewable by the users of the World Wide Web.
4.3 On acknowledgment and confirmation of the Services by You and receipt of payments for the Services rendered, we shall then transfer all ownership and access of the Services to You which shall include the Services going live on the World Wide Web. For the purpose of clarification, the Services will not go-live until the payments have been received by Webnish.
4.4 We shall provide all back-end and technology support for all queries, clarifications and functionality issues raised by You.
5. PAYMENT, FEES AND TAXES
i. You agree to pay all subscription fees and other fees applicable to your use of Services and you shall not circumvent the fee structure. The fee is dependent on the User Plan that you purchase and not on actual usage of the services.
ii. The subscription fee is paid annually in advance and is non-refundable.
iii. Each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Webnish is in no way responsible for any of the taxes except for its own income tax.
iv. You can make payments using any method listed in http://www.webnish.com/static/pay
v. We consider the payment process to be complete only on receipt of the amount to our designated bank account.
vi. All Fees are exclusive of taxes. Service Tax is levied on every purchase.
6. INTELLECTUAL PROPERTY:
i. Webnish grants you the right to access and use the Services internally for the Website's Services of ordering, receiving, delivering and communicating only as per this Agreement. You must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Website in anyway other than those listed in this Agreement, including for any public or commercial purposes. You shall not reverse engineer or attempt to interfere with the operation of any part of the Services.
ii. Webnish retains all its rights, title and interest in all copyrights, know-how, trade secrets, trademark, logo, design and features in the Services. The ownership of all Content generated for the Services shall vest with You. Notwithstanding the foregoing, any design, text, graphics, photos, trademarks or other artwork (collectively “Content”) furnished for the Services herein are either owned by You or You have the necessary licenses that enable us to utilize the same in the Services. Any infringement claim or suit arising thereof shall be indemnified by You.
7. DATA USAGE:
8. USER CONDUCT:
All Users agree that while using the Service, you agree not to:
i. Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of "hacking" or defacing any portion of the Services;
iii. Express or imply that any statements you make are endorsed by us;
a. any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
b. any material, non-public information about companies without the authorization to do so;
c. any trade secret of any third party; or
d. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
e. any job posting involving any franchise, club membership, distributorship or sales representative agency arrangement or other business opportunity.
f. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
g. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software;
h. Remove any copyright, trademark, or other proprietary rights notices contained in the Website;
i. "Frame" or "mirror" any part of the Website without our prior written authorization;
k. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
l. Harvest or collect information about website visitors or members without their express consent.
9. WARRANTY DISCLAIMER
The Services provided by Webnish or any of our licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party.
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
i. You can terminate your Membership with us at any time by providing 30 days of prior written notice to us. We need this period to inactivate your Account, only after verifying if there are any ongoing or pending Services or payments. We may want you to continue until the completion of an on-going Service should the situation warrant.
ii. Webnish reserves the right to terminate any Account in cases (a) you breach any terms and conditions of this Agreement. (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Users or for Webnish or are contrary to the interests of the Website. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Website under the same Account, a different Account or re-register under a new Account. On termination of your Account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material you keep on the Website. Please ensure that you have continuous backup of the Services you have rendered in order to comply with your record keeping process and practices.
iii. Return of Your Content. Upon request by You made within 30 days after the effective date of termination of a Services subscription, We will make available to you for download a file of your Content. After such 30-day period, We shall have no obligation to maintain or provide any of your Content and shall thereafter, unless legally prohibited, delete all of your data in Our systems or otherwise in Our possession or under Our control.
iv. Even after termination, certain obligations mentioned under Warranty Disclaimer, Limited Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
12. CUSTOMER SERVICE
If you have any questions, issues, complaints regarding any of our Services, please contact our customer service at +91-80-41227462/3/4.
13. DISPUTE RESOLUTION
Our goal is to provide Services efficiently and communicate effectively with Users / Members to prevent any dispute. Should a dispute arise between you and Webnish, you shall agree with us to resolve such dispute quickly and cost-effectively. Before resorting to any legal recourse, we urge you to contact our Customer Service team so that we can resolve issues amicably.
14. NOTICES AND COMMUNICATION
Webnish communicates with you through the email address you have provided us. It is your responsibility to keep your email address and snail mail address update at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you fail to respond to an email message regarding violation, dispute or complaint within two business days, we reserve the right to terminate or suspend your Account. All notices to us intended to have a legal effect must be in writing and delivered to the following address:
WEBNISH SOFTWARE LLP
#53, 54 & 77, 78, Anjaneyalu Plaza,
Old Mangammanapalaya Road, Off Hosur Main Road,
Bengaluru - 560 068, India.
15. GOVERNING LAW.
16. SEVERABILITY; WAIVER.
If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
17. CONTACT INFORMATION.
18. REFUSAL OF SERVICE
Webnish at its sole discretion may reserve the right to refuse to provide the Services for any material that they feel is not legal, moral or in the best interest of Webnish.
Webnish reserves the right to assign the provisions of the Services to any person/company whom they find suitable.