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 Terms of Use for access or usage of www.Whooser.com website.

The domain name www.Whooser.com (hereinafter referred to as "Website/Mobile app") is owned by Whooser Online Services Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 6F, 4th Floor, DD Angadi Building, Convent Junction,Ernakulam-682011 (hereinafter referred to as "Whooser").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Whooser Online Services Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Whooser.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Whooser allows the User to surf the Website without registering on the Website. The term "We" , "Us" , "Our" shall mean Whooser Online Services Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Whooser Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

 

Revision of the terms

Whooser may revise the policy later by period by period when updating the Whooser website/ mobile app. It will be mention in the Whooser website. It’s your responsibility to read the updated Terms and condition once you agreeing term here it’s your sole responsibility to read the revising terms. By agreeing terms here you are agreeing for the future revision. If you have any complaints against the future revised terms you can reach out to Whooser by mail to us admin@Whooser.com.

 

Membership Eligibility

Use of the Website is available only to 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Whooser website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Whooser reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Whooser's notice or if it is discovered that you are under the age of 18 years.

 

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Whooser is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers/service professionals alone. The commercial/contractual terms include without limitation price, warranties related to products and services and after sales services related to products and services. Whooser does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand/service professionals and not by Whooser.

  2. For products Product sales is not the direct scope of Whooser. Whooser shall provide you as a seller to get the lead or customer towards your product. It’s your as a seller, responsibility to make the Whooser lead to successful sales.

  3. Whooser does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) (excluding warranty offered by Whooser for home services) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Whooser does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Whooser accepts no liability for any errors or omissions, whether on behalf of itself or third parties (as above mentioned).

  4. Whooser is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Whooser cannot and does not guarantee that the concerned Buyers and/or Sellers/Service provider will perform any transaction concluded on the Website. Whooser shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers/Service providers.

  5. Whooser does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

  6. Whooser does not at any point of time during any transaction between Buyer and Seller/Service provider on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller/Service provider to Buyer.

  7. At no time shall Whooser hold any right, title or interest over the products nor shall Whooser have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers/Service providers. Whooser is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Whooser is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller/Service providers and the Buyer.

Whooser is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  1. You shall independently agree upon the manner and terms and conditions of delivery of professional service, payment, insurance etc. with the seller(s)/Service provider(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller/Service provider may cancel such your order(s)/request(s).

  1. You release and indemnify Whooser and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Whooser cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretense.

Charges

Membership on the Website is free for buyers. Whooser does not charge any fee for browsing and buying/receiving services on the Website for customers. For the sellers Whooser charges as per the detailed price listing shown in the website. Whooser reserves the right to change its Fee Policy from time to time. In particular, Whooser may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Whooser reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Whooser online services private limited.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) 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;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices.

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Whooser's prior written consent means a communication coming from Whooser's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) 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 products;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) 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, cancel bots, 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;

(y) threatens the unity, integrity, defense, 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.

(z) shall not be false, inaccurate or misleading;

(aa) 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.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

  1. You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

  3. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Whooser,Whooseronline,Whooser.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Whooser or sellers on platform or otherwise tarnish or dilute any Whooser's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Whooser's systems or networks, or any systems or networks connected to Whooser.

  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

  7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Whooser and / or others.

  8. 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/GST, Income Tax, Octopi, 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.

  9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

  10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

  11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Whooser shall have 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 of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Whooser views. In no event shall Whooser assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

  1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be 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 advertisers on the Website.

  2. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

  3. Whooser shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content “except Whooser own items), is a third party user generated content and Whooser has no control over such third party user generated content as Whooser is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Whooser's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way, please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.





 

Limitation of Liability

IN NO EVENT SHALL WHOOSER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the responsible person are provided below:

Managing Director

Whooser Online Service Pvt Ltd

6F,4th floor,DD Angadi Building,

Convent Junction

Ernakulam-682011

POLICIES

Profanity Policy

Whooser prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Whooser will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;

  2. Loss of special status;

  3. Account suspension.

If Whooser has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Whooser may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

Whooser reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Whooser may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Private communication, including email correspondence, is not regulated by Whooser. Whooser encourages its Users to be professional, courteous and respectful when communicating by email.

However, Whooser will investigate and can take action on certain types of unwanted emails that violate Whooser policies.

Such instances:

Threats of Bodily Harm - Whooser does not permit Users to send explicit threats of bodily harm.

Misuse of Whooser System - Whooser allows Users to facilitate transactions through the Whooser system, but will investigate any misuse of this service.

Spoof (Fake) email - Whooser will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Whooser's spam policy applies only to unsolicited commercial messages sent by Whooser Users. Whooser Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell product/service Outside of Whooser - Whooser prohibits email offers to buy or sell listed products or services outside of the Whooser Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Whooser policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

Other Businesses

Whooser does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Whooser assumes no responsibility for examining or evaluating the products and services offered by them. Whooser do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Whooser does not endorse, in any way, any third party website(s) or content thereof.

Whooser Infringement Verification (WIV) - Reporting Listing Violations

Whooser has put in place Whooser Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Whooser's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

Whooser does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Whooser is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Whooser.

WIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. WIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.

We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.

Notice of Infringement

Whooser Online Services Pvt Ltd

_______________________

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

  1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").

  2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorized by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.

  3. I may be contacted at:

Name ________________________________________

Title & Company ________________________________________

Address ________________________________________

Email (correspondence) ________________________________________

Telephone/Fax ________________________________________

Date ________________________________________

and I make this declaration conscientiously believing it to be true and correct.

Declared by ________________________________________

on [date] ________________________________________ in [place] ___________

Truthfully,

Signature

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Whooser will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

  1. Trademark owner doesn't make this type of product or has discontinued the production of the product

  2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

  1. Listing(s) has unlawful comparison to trademark owner's brand or product

  2. Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

  1. Software is being offered without any license or in violation of a license

  2. Item(s) is a bootleg recording;

  3. Item(s) is an unlawful copy (software, games, movies, etc.);

  4. Item(s) is unlawful duplication of printed material

  5. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

  1. Listing(s) comprises unauthorized copy of copyrighted text

  2. Listing(s) comprises unauthorized copy of copyrighted image

  3. Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: ________________________________________

Work(s)

infringed: ________________________________________

Item Number(s): ________________________________________

Note:

  1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

  2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to admin@Whooser.com;

At Whooser we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at 0484 2366522 or access contact us in www.whooser.com.

 

SERVICES

  1. It is your responsibility to read down the reviews and previous service history of the professionals you are requesting for the service needs.

  2. If you make direct deal with the professionals listed in Whooser outside the Whooser platform, then Whooser will not be responsible for any work done by the said professional or any fraudulent committed by the same, you cannot complain it in Whooser platform. And if Whooser find that you have done direct deal with professional Whooser may take punitive action including the suspension of your account.

  3. It is your responsibility to ask the professionals for the visiting charge. Whooser is just platform and not handling professional’s charges. It varies upon the different professionals. You can find it from professional profile or you can directly contact the same.

  4. You can contact service professional. But not allowed to make outside deals without the knowledge of the Whooser. If find so Whooser will take necessary action including suspension of your account.

  5. If you do any illegal activity alongside with the service professional outside Whooser. Whooser will not be responsible for any consequences. If you put Whooser name for any illegal things. Whooser will be forced to take legal action against you.

  6. If your service request date is not feasible for the professional, then you can finalize it with convenient one. Once scheduled the service you should be available for the day or you should coordinate it with the professional.

  7. Make sure you receive the final bill after the completion of work through Whooser. if not it is your responsibility to inform the professional to provide you the same through Whooser. once you receive the final bill and pay through Whooser as card/cash on delivery/internet banking, then only you will be eligible for the Whooser service warranty.

  8. If professional don’t give final bill or not mentioned in Whooser that you paid for the service you will not receive the warranty of service or you can’t raise any complaint regarding the service you received.

  9. If you settled professional outside the Whooser without acknowledging and mentioned in the Whooser. Whooser will not be responsible for the service and your account will be suspended. You are not permitted to do so. if you do, Whooser also proceed for the legal action against you and service provider.

  10. For the product use for the service Whooser doesn’t have any warranty or responsibilities or product Whooser in just an information providing platform.

  11. For services warranty will be up to 3 month from the take of handover depend upon the service type. Any complaint regarding the quality of work except damage due to inappropriate usage or outside force will not be considered in warranty.

  12. For using the warranty for the non quality service you received, you have to raise the complaint by contacting us through the website/mobile app or by sending mail to admin@Whooser.com. Whooser will check It is genuine and if find genuine, will do the needed action within 1-10 days depend upon the urgency and repair type.

  13. If Whooser find the complain for Whooser warranty is not genuine, you may not be eligible for warranty and also if Whooser find it as fake one, Whooser may take punitive action including suspend your account if needed.

 

PRODUCTS

  1. Whooser is just Information providing platform for Products. Whooser is not responsible for the products mention in the website. Neither Whooser provide any warranty nor Whooser not guarantee the availability. Its customer’s responsibility to enquire about it prior to visit the store or prior to purchase the product

  2. If as a customer you have any complaint against the store listed in the Whooser. You can mail us at admin@Whooser.com. Even though we are not responsible for the service provided by the store listed in Whooser. We will try to help you if it is possible from our side.

  3. As a customer u are not allowed to give a wrong rating for the sellers listed in the Whooser. If Whooser finds your rating is not genuine Whooser may take punitive action including suspension of your account.

 

SELLERS

  1. Whooser is just an information providing platform for products. You are completely responsible for the product list and details you provide in Whooser.

  2. You are as a seller hereby agreeing that you should not charge extra cost for the material than you sell it in your store

  3. It is your responsibility to update the availability of then material. If an item is shown as available in the website and not actually not available in your store and user get inconvenience due to the action. It’s your sole responsibility over the customer dissatisfaction.

  4. You shall be responsible for the Ads you post regarding the offers and discounts.

  5. You cannot post ads without coordinating with Whooser. Whooser will post the ad by verifying with the Whooser admin.

 

SERVICE PROFESSIONAL

  1. It is your responsibility to completely put down your detailed experience, scope of work and charges and inspection charge. you are not allowed to take extra inspection charges than you put on the website

  2. Once you receive the enquiry, you have to give response expedite by contacting them within the time mentioned in the website and you suppose to quote against the enquiry after visiting the site or contacting customer within the time period mentioned in the website.

  3. It is your responsibility to confirm customer needs it with material or not. if customer needs with material you can give a quote with the help of material price available in the Whooser by mentioning material price may vary little depend upon the seller

  4. Clarify service before quoting. It is your responsibility to provide minimum cost to customers.

  5. It is your responsibility to conform the schedule for service once customer accept the quotation

  6. You should complete the final bill and send it to customer via Whooser after successfully complete a service. You are not allowed to settle service payment without the knowledge of the Whooser. If you do so Whooser will take necessary punitive action against you.

  7. You are not allowed to make direct deal with the Whooser material vendor outside the Whooser platform. if you do so Whooser shall suspend your account. And may proceed for legal action to retain the loss created to Whooser. it will be considered violation of Whooser policy.

  8. You are solely responsible for the customer rating you receive through Whooser

  9. You are not allowed directly deal with the customer or seller of whoosr. if find so you may be suspended from Whooser service

  10. Commission on the payment received after a service (rate shall be as per mentioned in the website) shall be paid within 3 days to the bank details provided to you. if not Whooser shall be put your Whooser account on freeze within 7 days after give you warning. And if it is not paid within 7 days your account will be suspended without prior notice irrespective of amount

  11. Product in the Whooser is just for information. Neither Whooser direct sell nor has any responsibility over the product lists in Whooser.

  12. You can always contact the Whooser helpline when needed 04842366522 or mail us at admin@Whooser.com

  13. You are hereby agreeing that you are providing warranty for the work you do through Whooser. Warranty period shall be as per the list mentioned in the Whooser website. Whatever complaint arises during the warranty period, you will be responsible for the repairing work without any payment. Complaint related to physical damage by external force or by issue due to inappropriate usage shall not be considered. But you should visit the site before deciding it comes under warranty or not.

  14. If you are not responding within 1-10 days depend upon the service mentioned in Whooser website after you receive the complaint which comes under warranty period, Whooser will do the repair if necessary and you will be charged for the repairing cost. If you didn’t pay it along with your next work or within 1 week whichever come first, your account will be suspended without any prior notice. If needed Whooser may proceed for legal measures to retain the loss.