Legal

Legal

PRODUCT INFORMATION - Full Colour Sandstone

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap, or in a dishwasher. However, refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.

Washing of the product and constant exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

These products cannot be recycled.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The products/models are made of hard, brittle material and the parts are required to be handled carefully.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/colour etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

Full colour Sandstone is heat proof to 60 degrees Celsius / 140 degrees Fahrenheit. Exposure to High Temperatures may significantly change material properties.

PRODUCT INFORMATION - Metallic Plastic (Alumide)Regular And Polished

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap, or in a dishwasher. Refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.

Exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

These products cannot be recycled.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The products/models are made of hard, brittle material and the parts are required to be handled carefully.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/colour etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

[Metallic Plastic is heat proof upto 78 degrees Celsius / 172 degrees Fahrenheit. However, higher temperatures may significantly change material properties and hence modify appearance of the product].

PRODUCT INFORMATION - PLA

The material used for the manufacturing of this product is washable and hence can be cleaned by mild soap, dishwashing soap, or in a dishwasher. However, refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.

Prolonged exposure to water may lead to dullness and fading of the colours used in the product as well as decomposition of the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

These products cannot be recycled. Product is biodegradable.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/colour etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

[PLA melts at between 175-220 degrees Celsius. Higher temperatures may significantly change material properties and hence modify appearance of the product.

PRODUCT INFORMATION - Precious Plated Material

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap, or in a dishwasher. Refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.
Washing of the product and constant exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model

The products/models are made of hard, brittle material and the parts are required to be handled carefully.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/color etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

Precious Plated Metal used in the models/product is a durable material; however the material is not scratch proof and will wear down. Prolonged surface wear and tear can lead to loss of sheen/finish of the product/model. To prevent damage, we recommend that you store the item/products/models in a soft cloth pouch away from other products and avoid exposure to household chemicals and other cleaning products.

TERMS AND CONDITIONS - SLS (Nylon)

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap, or in a dishwasher. Refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.

Exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.
These products cannot be recycled.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The products/models are made of hard, brittle material and the parts are required to be handled carefully.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/color etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

[Strong and Flexible Plastic is heat proof upto 80 degrees Celsius / 170 degrees Fahrenheit. However, higher temperatures may significantly change material properties and hence modify appearance of the product].

TERMS AND CONDITIONS - Steel Parts

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap or in a dishwasher. The material used makes the product watertight and can be used as a container, but refrain from using the product as a container for any type of liquid or semi liquid storage for long periods of time as this may cause damage to the product. A dishwasher for the purpose of this terms and condition is a mechanical device used to clean utensils and cutlery. Washing of the product and constant exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

These products cannot be recycled.

The way that bronze infiltrates into the steel can vary, and this changes the colour of your product.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The products/models are made of hard, brittle material and the parts are required to be handled carefully. The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/colour etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

Due to chemical reactions and properties, components such as steel and bronze when used individually or together over a period of time may result in the change of the colour of your product. Though items containing the mentioned metals are heat resistant to 831 degrees Celsius / 1528 degrees Fahrenheit, high temperatures may significantly change the material properties which will lead to damage of the products.

PRODUCT INFORMATION - Bronze Parts

The material used for the manufacturing of this product is not washable and hence cannot be cleaned by mild soap, dishwashing soap, or in a dishwasher. Refrain from using the product as a container for any type of liquid or semi liquid storage as this may cause damage to the product, because the product is not watertight. A dishwasher as referred to in this document means a mechanical device used to clean utensils and cutlery.

Exposure to water may lead to dullness and fading of the colours used in the product.

These products are not meant to be used as cutlery, dishes, for storage of food etc. as there are various components that may be hazardous to health of the user. The product is not food safe. The user should refrain from such use and the Company shall not be liable for any losses that may occur due to deviation from the instructions mentioned in this agreement.

These products cannot be recycled.

MakeWhale believes in high quality and excellence in output, and so we optimize each print run to make the individual models/products look great, but some variation in colour shade is inevitable and the user/client/customer may see a difference in colour when looking at multiple prints of the same model.

The products/models are made of hard, brittle material and the parts are required to be handled carefully.

The models/products should not be exposed to high temperatures as our products contain various materials/ components/ metals/colour etc. that may be modified or damaged when exposed and hence users/customers must exercise due diligence while handling and using the products.

Items containing bronze will need to be polished. Like all other bronze products, our polished and raw offerings will tarnish over time and may need to be polished as when required by the user. Please note that excessive polishing can wear down very fine details and edges of the models and products

PRIVACY POLICY

At Makewhale Designs Private Limited ("Makewhale"), we are committed to protecting the privacy of all our customers.

Makewhale shall not share any identifiable information at the individual level regarding its customers to any third party for commercial or non-commercial use. Any information you give us is held with utmost care and security. Also, we will not pester you with inane advertisements into your mailbox unless you have provided your consent to the receipt of advertisements. We will offer a newsletter where the subscription can be turned off very easily We value you as a patron and would endeavor to treat you the way we want to be treated as customer. We would like to assure you that we follow industry standards when it comes to protecting your privacy on our web sites.

Makewhale will not sell, trade or disclose to third parties any information derived from the registration for, or use of, any online service (including names and addresses) without the consent of the user or customer (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the user or others). If any information is required under the mandate of law, the same shall be provided to the concerned authority. If our privacy policy changes in the future, it will be posted here and a new effective date will be shown. You should access our privacy policy regularly to ensure you understand our current policies. Please reference the privacy policy in your subject line when you write to us. Makewhale will attempt to respond to all reasonable concerns or inquiries as soon as possible.

Users can contact Makewhale on the following email ID:-contact@makewhale.com

Some of our web pages use "cookies" so that we can better serve you with customized information when you return to our site. Cookies are identifiers, which a web site can send to your browser to keep on your computer to facilitate your next visit to our site. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you.



SECURITY POLICY

We validate email ID and encrypted password combination. We use hosting services to prevent hacking. The application is built to show only a relevant parties details.

Our servers are protected behind firewalls and our systems are monitored to prevent any unauthorized access. We maintain strict security systems designed to prevent unauthorized access to your personal information by anyone, including our staff. Therefore only authorized employees of Makewhale and its subsidiaries shall have access to information.

We may be required from time to time to disclose your personal information to Governmental or judicial bodies or agencies or our regulators, but we will only do so under the legal mandate of a proper authority.

TERMS & CONDITIONS

The www.makewhale.com website ("Website") is the official website ofMakewhale that is owned and operated by MakeWhale Designs Private Limited ("MakeWhale"), a company incorporated under the laws of India, with its registered office at 603/604 Niranjan, 99 Marine Drive, Mumbai 400002.


PRICE

The price is inclusive of charges of conception, design, customization, and manufacturing of the product. The price also includes basic packaging and delivery charges within city limits of Mumbai. The price indicated is in INR. Conversion rates shall apply on day of sale if sold in any other currency by MakeWhale to clients. There will be additional delivery charges for areas of delivery falling outside the jurisdiction of Mumbai.


SAMPLES

MakeWhale may or may not provide free samples on its discretion to clients. Free Samples shall only be provided to a client on a confirmed order of above 20 pieces of the same product by the said client.


DISCLAIMER

Please note that the 3D Printed products are meant for decorative purposes only. They are not suited to be used as toys or to be given to underage children. This will be both hazardous and dangerous. The users shall be responsible for the use of the same. The products should not come into contact with electricity and should be kept away from heat.


RETURN POLICY

Products once sold cannot be returned unless there is damage during transportation. In case of damage during transportation, users/ clients are required to report such damage within 24 hours along with proof/picture and we shall replace the product subject to verification of such damage in transit. Any damage after sale due to any other reason shall not be the responsibility of MakeWhale and MakeWhale shall not liable to return or replace any goods/products or models. MakeWhale shall not be liable to indemnify clients/users for any losses arising out of the use of its goods/products or models.


INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

The 3D Designs and 2D Designs used for production of these products is the sole property of MakeWhale. Any infringement of these rights in any form will attract legal action. The tangible products will be the property of the customer buying it. 3D Designs and 2D Designs will not be shared with any one even if it is a design sent by the client.

Except for the rights of use expressly granted to the client/ user under these terms and conditions, MakeWhale will retain all right, title and interest in and to the designs of the products/ models, including all intellectual property and proprietary rights

The user/client acknowledges and agrees that it has no ownership or other rights to any intellectual property i.e. the design and concept embodied in the models/products. With respect to Derivative Works of the models/products, ownership will remain with MakeWhale even if ideas are provided by clients/users for customization etc.

The users/clients agree that nothing in this Agreement is to be construed to grant or imply to them any rights with respect to use of these designs and concepts for any commercial use or production. MakeWhale shall have the right to seek legal redressal including injunction of use of its designs and client/user shall indemnify or/and return all profits made by unauthorized use of its designs and products.
Makewhale only collects personal information about you (for example your name, address, telephone number, email address and credit card details) when you specifically provide us with such information on a voluntary basis, for example when purchasing or enquiring about products online. Any personal information we collect via our web site will never be released or sold to any companies or individuals outside of Makewhale or our authorized partner companies.
We will not share your personal information for marketing or any other purposes without your consent unless where required by law. If you have registered your interest with www.makewhale.comand/or any of our associated companies, and thereby given your consent, you may be contacted with relevant promotions, offers or information that you have expressed an interest in or that might be of interest to you.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole


WHAT WE DO WITH YOUR INFORMATION?

We use the information you provide us with to promote ourproducts you requested. We may occasionally use some of the same information (such as the details of the products you requested) to tailor the content of this site to the interests of our Users. By making a enquiry on this site you are consenting to your personal information being passed to any third party organizations necessary to process your requests with MakeWhale, such as. Except for these specific cases, we will never share information with third parties without your specific consent.For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this these terms and conditions and others that may reflect on the website. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.Use of the website shall be construed as acceptance by the User of the terms and conditions mentioned in the website and this document.


THIRD PARTY LINKS AND SERVICE PROVIDERS

When you enquired about your product(s) you MAY HAVE BEEN asked if you wished to be contacted by carefully selected third parties. Depending on how you replied, third parties may contact you by post or email with information or offers regarding their goods and services. The Third Party Linked Sites are not under the control of Makewhale or the Website and Makewhale is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Makewhale is not responsible for any form of transmission, whatsoever, received by the User from any third party link. Makewhale is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Makewhale or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.Makewhale is not responsible for the privacy policies or practices of any third party sites linked to this site. Consequently we advise you to read their privacy policies before submitting data to such sites.


OPTING OUT

IF YOU DO NOT WISH TO RECEIVE FURTHER UPDATES PLEASE CLICK on the link provided. We will always respect your privacy and any personal communication between you and ourselves. We will always comply with any data protection legislation currently in force.


INFORMATION AND THE LAW

We may occasionally release your personal information to assist law enforcement, to comply with laws or regulations, to enforce the terms under which you transacted with Makewhale, or to protect the rights, property or safety of Makewhale, Users of the site or others.


MODIFICATION OF TERMS AND CONDITIONS

Makewhale reserves the right to change the terms, conditions and notices under which the Products are offered through the Website, including but not limited to the charges details for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.


PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Makewhale in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.


OBLIGATIONS OF THE USER

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion or design of the Products. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meantforenquiryonly.
The User further agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Makewhale’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Servicesunder the laws of India or other applicable law.

To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider charges which are to be exclusively borne by the User.

The User also understands that the services may include certain communications from Makewhale as service announcements and administrative messages. The User understands and agrees that the services are provided on an "as is" basis and that Makewhale does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.

Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Makewhale. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Makewhale services. Makewhale will not be responsible for any l loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Makewhale Services.

The User also agrees and undertakes to immediately notify Makewhale of any unauthorized use of the User's password or user id and to ensure that the User logs off at the end of each session at the website. Makewhale shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Makewhale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Makewhale has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.

Furthermore, the User grants Makewhale the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services and sale of products.
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this terms and conditions including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.


INDEMNITY CLAUSE

The User agrees to indemnify, defend and hold harmless Makewhale from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Makewhale that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these terms and conditions.


LIABILITY

In no event shall Makewhale be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Makewhale be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Makewhale shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Makewhale's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of Makewhale arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.


TERMINATION / ACCESS RESTRICTION

Makewhale reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice
The User agrees that Makewhale may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Terms and Conditions, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable Terms and Conditions.

This Agreement may be terminated by either the User or Makewhale through a written notice to the other. Makewhale shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Terms and Conditions or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Makewhale of such discontinuance.

Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Makewhale shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later


BREACH

Without prejudice to the other remedies available to Makewhale under this terms and conditions or under applicable law, Makewhale may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website if:
(a) the User is in breach of this agreement, the terms and conditions and/or the documents it incorporates by reference;
(b) Makewhale is unable to verify or authenticate any information provided by the User; or
(c) Makewhale believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website and/or Makewhale.

Makewhale may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the User may not register or attempt to register with Makewhale or use the website in any manner whatsoever until such time that the User is reinstated by Makewhale. Notwithstanding the foregoing, if the User breaches this agreement, the terms and conditions or the documents it incorporates by reference, Makewhale reserves the right to recover any amounts due and owing by the User to Makewhale and/or the service provider and to take strict legal action as Makewhale deems necessary.


PROPRIETARY RIGHTS

Makewhale may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Makewhale and shall not copy, transmit or create derivative works of such material without express authorization from Makewhale.

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.


GOVERNING LAW

These Terms and conditions shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.


ARBITRATION CLAUSE

In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or in any manner whatsoever in connection with it, the same shall be referred to Arbitration of a single Arbitrator, if the parties agree upon one, otherwise to the two Arbitrators one each to be appointed by each party respectively, and such arbitration shall be in accordance with the subject, to the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or substitution for the time being in force such Arbitration shall take place in Mumbai.The decision or award so given shall be binding on the parties hereto.
(Please ensure that as a User you must read all the terms and conditions of third parties links if provided in this website. Makewhale shall be not liable to pay the User any damages or refund any amount for acts of third party vendors.)