MakeWhale

MakeWhale

Terms & Conditions Share

Read Through our Terms and Conditions Carefully. Use or access of our websites is implied consent on the part of the User

The www.makewhale.com website ("Website") is the official website of MakeWhale that is owned and operated by MakeWhale Designs Private Limited ("MakeWhale/Company"), a company incorporated under the laws of India, with its registered office 603/604, 6th Floor, Plot-99, Niranjan Bldg, Bhagwandas Todi Bal Undyan Marg, Marine Drive Mumbai 400002.

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.com and/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 our products 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 an 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. 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 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.

Security measures

We take the security of your personal information very seriously. Consequently we use Secure Sockets Layer (SSL - 3) & Transport Layer Security (TLS - 1.2) encryption for all your transactions with MakeWhale. This system encrypts all your personal information, including credit card number, name, and address, so that it cannot be read if intercepted by a malicious third party.

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 meant for enquiry only.

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 of MakeWhale. The contents hereof are the sole and exclusive property of the Company. Unless otherwise indicated and may not be, for whatsoever purpose, reproduced, stored, copied or archived in any manner, format or medium whatsoever either in full or in parts without the prior express written consent of the Company. Proprietary Rights in Intellectual Property Rights of the products and the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is retained by the Company.

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 Services under 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. The information and materials contained in this site, including text, graphics, Products, links or other items are provided "as is", "as available". The Company does not warrant the accuracy, adequacy or completeness of the product features, information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of noninfringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials

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.)

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