Introduction

WMall Platform” i.e. WMall website located at https://www.wmall.co.in, and all associated sites linked to https://www.wmall.co.in, or the WMall mobile application or any similar platform are operated by Blitzscale Technology Solutions Private Limited(including its directors, full time employees, subsidiaries and affiliates, collectively the “Company”). The Company, through its “WMall Platform” offers an [e-Commerce marketplace for dropshippers, selling products across fashion, lifestyle and home/kitchen categories, and associated marketing, payment, order management, enquiry management tools and other incidental services to enable the transactions as available from time to time, on the “WMall Platform” (the “Services”).

These terms and conditions (the “Terms of Service”) shall apply to all users of the “WMall Platform”, including without limitation users who are browsers, wholesale vendors (the “Vendors”), merchants, or contributors of content (collectively, the “Users”). By visiting or accessing any part of the “WMall Platform” or utilising the Services, the Users agree to be bound by these terms and conditions, including any additional terms and conditions and policies referenced herein. If the Users do not accept any or all of the Terms of Service, they may not access the “WMall Platform” or use any of the Services.

The Users can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to unilaterally update, change or replace any part of these Terms of Service by posting updates or changes to the “WMall Platform”. It is the responsibility of the Users to check this page periodically for changes. The Users continued use of or access to the “WMall Platform” following the posting of any changes constitutes acceptance of those changes.

These Terms Of Service govern the use of the “WMall Platform”, by installing, downloading or even merely using the “WMall Platform”, the Users shall be contracting with the Company and signify their acceptance to the Terms of Service and other policies of the Company (the “Policies”) as posted on the “WMall Platform” from time to time, which takes effect on the date on which the application is downloaded or the Website is visited and creates a legally binding arrangement to abide by the same.

Eligibility

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 “WMall Platform”. Only individuals who are eighteen (18) years of age or older may use the “WMall Platform” and avail Services. The Company reserves the right to terminate the Users account and / or deny access to the “WMall Platform” if it is brought to the Company’s notice that the Users are under the age of eighteen (18) years.

Account Registration

The Company permits all Users to access and view the contents of the “WMall Platform” without registration on the “WMall Platform”. Users may place orders and make purchases on the “WMall Platform” without registration on the “WMall Platform”.

The Company reserves the right to suspend or terminate the account or access to the “WMall Platform” (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or (ii) if the Users are found to be non-compliant with the Terms of Service.

The Uers agree to: (i) take full responsibility for all activities by Users accessing the “WMall Platform” through their account; (ii) immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and (iii) ensure that they exit from their account at the end of each session.

It shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any of the provisions of these Terms of Service.

 

Orders and Financial Terms

The “WMall Platform” allows the Users to place orders for the products sold by various Vendors and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or does not control the Vendors. The Company reserves the right to delist any product from the “WMall Platform”.

The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms of Service, and any terms and conditions imposed by the Vendor concerned.

On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the Vendor confirmed. Confirmation of the order shall be treated as final.

 

The Users acknowledge and agree that the Company may, at the request of the Vendor, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Vendor. Upon payment of the amounts to the Company, which are due to the Vendor, the payment obligation to the Vendor for such amounts is completed, and the Company will be responsible for remitting such amounts, to the Vendor. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the “WMall Platform”. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

The Users agrees to provide current, complete and accurate purchase and account information for all purchases made at on the “WMall Platform”. The Company agrees to promptly update the Users account and other information, including addresses and credit/debit card numbers and expiration dates, so that the Company can complete the transactions.

In connection with any order, information such as name, billing address and credit/debit card information will have to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the “WMall Platform” services.

The Company merely collects the payment on behalf of the Vendor. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Vendor. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Vendor.

For Applicable laws:

a.            Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);

b.            Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules);

c.            Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).

As per above mentioned acts and regulations and any other relevant law in place during the tenure of this association , we understand that there is an obligation on the Supplier transacting on WMall App/Website to ensure that package in which the products are sold complies with labelling and packing requirements . Hence, it shall be the sole responsibility of the Supplier to comply with applicable laws and Blitzscale Technology Solutions Private Limited(the ‘Company’) or platform “WMall” shall not be held responsible in anyways . Supplier shall indemnify the company and the platform for any harm or loss in relation to contravention of above regulations.

Use of the “WMall Platform”

The Users agree, undertake and confirm that the Users use of the “WMall Platform” shall be strictly governed by these Terms of Service. Further the Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; 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; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices; tries to gain unauthorized access or exceeds the scope of authorized access to the “WMall Platform” or to the profiles, blogs, communities, account information, or other areas of the “WMall Platform” or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; interferes with another User’s use and enjoyment of the “WMall Platform” or any third party users enjoyment of similar services; refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the “WMall Platform” or any other website, contains content that would be prohibited or violates the spirit of these Terms of Service; violates any law for the time being in force; impersonate another person; contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and directly or indirectly, offers, attempts to offer, trades or attempts 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.

By using the “WMall Platform” the Users represent and warrant that:

All registration information submitted by the Users is truthful, lawful and accurate;

The Users use of the “WMall Platform” shall be solely for their personal use and they shall not authorize others to use the account;

The Users will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Service and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available;

The Users will not use the “WMall Platform” in any way that is unlawful, or harms the Company or any other person or entity;

The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the “WMall Platform” or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the “WMall Platform”.

The Users will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

The Users will not delete or modify any content of the “WMall Platform”, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos.

The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

The Users shall not access the “WMall Platform” without authority or use the “WMall Platform” in a manner that damages, interferes or disrupts, any part of the “WMall Platform” or any equipment or any network on which the “WMall Platform” is stored or any equipment of any third party;

The Users release and fully indemnify the Company 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 “WMall Platform” and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the “WMall Platform”.

The Users shall not attempt to gain unauthorized access to any portion or feature of the “WMall Platform”, or any other systems or networks connected to the “WMall Platform” by any means. The Users shall not probe, scan or test the vulnerability of the “WMall Platform” nor breach the security or authentication measures on the “WMall Platform” or any network connected to the “WMall Platform”.

The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the “WMall Platform” or any transaction being conducted on the “WMall Platform”, or with any other person’s use of the “WMall Platform”. The Users may not use the “WMall Platform” or any of its content for any purpose that is unlawful or prohibited by these Terms of Service.

The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the “WMall Platform” and listing, purchase, solicitation of offers to purchase, and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

In order to allow the Company to use the information supplied by the Users, without violating any rights or any laws, the Users agree to grant the Company 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. The Company will only use the information in accordance with these Terms of Service and Privacy Policy (defined below) applicable to use of the “WMall Platform”.

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

The Company reserves the right, but has no obligation, to monitor the materials posted on the “WMall Platform”. The Company 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 of these Terms of Service. In no event shall the Company assume 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 “WMall Platform”.

The Company shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

The Users understand that their content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Users understand and acknowledge that the use of the “WMall Platform” requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the “WMall Platform” and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

Accuracy, Completeness and Timeliness of Information

The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the “WMall Platform”, either provided by the Users or otherwise. The material on the “WMall Platform” is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the “WMall Platform” is at the Users own risk.

The “WMall Platform” may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the “WMall Platform” at any time, but has no obligation to update any information on the “WMall Platform”. The Users agree that it is their responsibility to monitor changes to the “WMall Platform”.

Occasionally there may be information on the “WMall Platform” that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the “WMall Platform” is inaccurate at any time without prior notice.

The Company undertake no obligation to update, amend or clarify information in the “WMall Platform”, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the “WMall Platform”, should be taken to indicate that all information on the “WMall Platform” or pertaining to the Services have been modified or updated.

Disclaimers of Warranties and Limitation of Liability

The Company endeavours to make the “WMall Platform” available during the Company’s working hours. However, the Company does not represent that access to the “WMall Platform” will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

The Company does not warrant that the “WMall Platform” will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading and installing the “WMall Platform”.

The Company does not represent or warranty that the information available on the “WMall Platform” will be correct, accurate or otherwise reliable.

The Vendors shall be solely responsible about the details pertaining to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the “WMall Platform”. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to the Users, and in no event shall such products be the responsibility of the Company.

The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.

The Company does not at any point of time during any transaction between any Vendor and a User take possession of any of the products offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Company only provides a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Users concerned.

The “WMall Platform” may be under constant upgrades, and some functions and features may not be fully operational.

The “WMall Platform” is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.

The Company makes no representation or warranty that: (i) the “WMall Platform” will be accurate or reliable; (ii) the “WMall Platform” will be uninterrupted, timely, secure, or error-free; (iii) any information that may be obtained from the use of the “WMall Platform” will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the “WMall Platform” will be corrected.

The Company does not represent any of the users, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such users displayed on the site or with respect to the services provided. any information provided with respect to the users and fees payable is subject to change without notice. any trademark, word mark or intellectual property of any users belongs to such users alone, and the company has no right or claim over the same.

The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; (ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the “WMall Platform”; or (iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the “WMall Platform”.

The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the “WMall Platform”, or for any other claim related in any way to the use of the “WMall Platform”, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the “WMall Platform” or any content posted, transmitted, or otherwise made available via the “WMall Platform”, even if advised of their possibility.

The Company shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the “WMall Platform”. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.

Selling

Vendors are permitted to list products for sale on the “WMall Platform” in accordance with the Policies which are incorporated by way of reference in this Terms of Service. The Vendors represent and warrant that they are legally able to sell or list the products on the “WMall Platform”; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

Privacy

All information about Users that are collected, stored or transmitted in any way on the “WMall Platform”, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), located at Privacy Policy

Optional Tools

The Company may provide you with access to third-party tools over which the Company neither monitors nor has any control nor input.

The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by the Users of the optional tools offered through the “WMall Platform” is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Company may also, in the future, offer new features through the “WMall Platform” (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

Third Party Links

Certain content or products available via the “WMall Platform” may include materials from third-parties.

Third-party links on the “WMall Platform” may direct you to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Intellectual property

The Company is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the “WMall Platform”, and on the material published on it.

The Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The Users must not use any part of the materials on the “WMall Platform” for commercial purposes without obtaining a licence to do so from the Company.

Indemnification

The Users agree to indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of a breach of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either the Company or the Users. The Users may terminate these Terms of Service at any time by notifying the Company that you no longer wish to use the “WMall Platform” or the Services, or when you cease using the “WMall Platform”.

If in the Company’s sole judgment the Users fail, or they suspects that the Users have failed, to comply with any term or provision of these Terms of Service, the Company may also terminate their access to the “WMall Platform”, or cease the provision of the Services at any time without notice and the Users will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Users access to the “WMall Platform” or the Services (or any part thereof).

Entire Agreement

These Terms of Service and any policies or operating rules posted by the Company on the “WMall Platform” constitute the entire agreement and understanding between the Users and the Company with respect to the “WMall Platform”, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Governing law and dispute resolution

These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this “WMall Platform”, shall be subject to the jurisdiction of the courts at Bangalore, India.

Contact Information

Questions about the Terms of Service should be sent to us at help@blitzscale.co

Return, Cancellation and Refund Policies

Order can be cancelled any time before the product is dispatched. In case of cancellation of a prepaid order, refund will be processed to payment instrument used at the time of order placement. Replacement/Return policy will vary from product to product and will be mentioned in the description of the product. Refunds if applicable will be made within 5-7 working days. Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the app from time to time. The Company holds the right to change these policies as required in the app without any permission from the users.