TERMS OF SERVICE

Last Updated – Oct 1, 2019

WeTales is a one-stop for a customised digital solution for all your event management ethos.

WeTales Service is owned and operated by WeddingTales Technologies Pvt Ltd, an Indian corporation (“WeTales”, “we” or “us”).

Your use of WeTales Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF WeTales SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WeTales.in SERVICE. USE OF WeTales SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access WeTales Service.

1.         Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of WeTales Service. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use WeTales Service, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of WeTales Service.  In addition, when using particular services or features on WeTales Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

2.         Modifications to WeTales Service. Features of WeTales Service may be modified/deleted and may be temporarily or permanently suspended at any time, with or without notice. WeTales will not be liable to you or any third party for any modification, suspension, or discontinuance of WeTales Service.

3.         Privacy Policy. Use of WeTales Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing WeTales Service, you agree to be bound by the terms of our Privacy Policy.

4.         Intellectual Property. You acknowledge that all materials on WeTales Service, including the Website design, Platform design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of WeTales and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. WeTales authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of WeTales or the respective copyright owner.  In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at WeTales Service are the sole property of WeTales and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of WeTales and/or its licensors. WeTales reserves the right to enforce its intellectual property rights to the fullest extent of the law.

For the avoidance of doubt, your use of WeTales Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise.  All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of WeTales Service are either the property of WeTales, its affiliates or licensors. WeTales retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by WeTales to you are fully reserved by WeTales, its advertisers and licensors.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within WeTales Service may not be owned by us, and are the property of their respective trademark holders.  These trademark holders are not affiliated with, nor do they sponsor or endorse, WeTales Inc., WeTales Service, our products and services, the Website and/or the Platform.

5.         Mobile Participants.  You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use WeTales Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with WeTales Service. We do not represent, warrant or guarantee that all portions of WeTales Service, or WeTales Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.

6.         Third Party Sites. Links provided via WeTales Service to third party websites and services are provided only as a convenience. If you use these links, you may leave WeTales Service.  WeTales does not control nor endorse any such third party websites. You agree that WeTales Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through WeTales Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from WeTales Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. WeTales expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

7.         Use of WeTales Service. You may be required to establish an account in order to use WeTales Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by WeTales Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or WeTales has reasonable grounds to suspect that such information is false, inaccurate or outdated, WeTales has the right to suspend or terminate your account.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via WeTales Service, including charges resulting from unauthorized use of your account.

You agree to use WeTales Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via WeTales Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use WeTales Service in any manner that interferes with its normal operation or with any other user’s use of WeTales Service.

You may not do any of the following while accessing or using WeTales Service: (i) access, tamper with, or use non-public areas of WeTales Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search WeTales Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use WeTales Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing WeTales Service, or otherwise creating an undue burden on WeTales Service.

You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of WeTales Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of WeTales Service.

You further agree that you will not access WeTales Service by any means except through the interface provided by WeTales for access to WeTales Service. Creating or maintaining any link from another application to any page at WeTales Service without the prior authorization of WeTales is prohibited. Running or displaying WeTales Service, or any information or material displayed via WeTales Service in frames or through similar means on another website or application without the prior authorization of WeTales is prohibited. Any permitted links to WeTales Service must comply with all applicable laws, rule and regulations.

You assume all risk when using WeTales Service, including but not limited to all of the risks associated with any online or offline interactions with Users, including workspace employees and any other people with which you may interact while using WeTales Service. You agree to take all necessary precautions when communicating with individuals through WeTales Service.

 

PLEASE NOTE THAT WeTales SERVICE IS INTENDED TO BE USED TO FACILITATE WEDDING AND EVENT CLIENTS REQUIRE DIGITAL INVITATION SUPPORT FOR THEIR EVENT. WETALES WILL DESIGN AND DELIEVER THE INVITES BEHALF OF THE CLIENT. WeTales IS NOT RESPONSIBLE FOR ANY DAMAGES OCCURS DURING SUPPORT DUE TO THIRD PARTY DEPENDENCIES.

WeTales makes no representation that Materials contained, described or offered via WeTales Service are accurate, appropriate or available for use in any particular jurisdiction, or that these Terms of Service comply with the laws of any particular country. Visitors who use WeTales Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access WeTales Service from any territory where its contents are illegal, and that you, and not WeTales Parties, are responsible for compliance with applicable law.

8.         Payment Policy.

We take 50% advance from client before we start the work. Rest 50% payment can be paid before 10 to 15 days of the event. If client wont be able to pay rest 50% payment before the event then WeTales is not responsible for commited services. WeTales is only obligated for the commited services if payment will be cleared on time. WeTales is also not responsible for any damanges happened in services due to third party services.

Cancellations and Refunds:: In case client already paid the advance and then wants to cancel the event then WeTales is not obligated to pay the any refund at any stage. In case WeTales decided to cancel the event due to any reasons, WeTales is obligated to pay the rest of the amount for the services which is not used or prepared for the client. Refund policy is not advisable. Provider serves the right to offer the refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligations to do so in another.

9.         Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use WeTales Service, send us messages, or whether we post notices on WeTales Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.

10.      Confidentiality.  Client’s personal information is contained behind secured networks and is only accessible by limited persons who have special access rights, and are required to keep the information confidential. ● Third-party disclosure: We do not sell, trade, or otherwise transfer to outside parties client’s Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. ● Third-party links: Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

11.      Content. All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using WeTales Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with WeTales Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with WeTales Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.

For purposes of these Terms of Service, the term “Content” includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through WeTales Service.

12.      Termination. You may discontinue access to and participation in WeTales Service at any time.  Upon discontinuance of use/termination for any reason, WeTales may delete all data/information related to User from Service.

13.      Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on WeTales Service, including as applicable, in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Nevertheless, we do not make any representations, warranties or guarantees that: (1) WeTales Service, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to content that is opinionated, offensive, and/or inappropriate.

14.      No Endorsement.       WeTales does not endorse any users of WeTales Service. Users are required by these Terms of Service to provide accurate information, and although WeTales may undertake additional checks and processes designed to help verify or check the identities or backgrounds, we do not make any representations about, confirm, or endorse any user or user’s purported identity, background, information or social media presence.

By using WeTales Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or third parties will be limited to a claim against the particular user or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from WeTales with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other applicable users on WeTales Service regarding any bookings or listings made by you.

15.      Representations.  You expressly represent, warrant, and/or acknowledge that:

            a.         WeTales does not warrant or guarantee for the 100% delivery of the WhatsApp, SMS and Call.

            b.         WeTales does not screen the authenticity of the design owned 100% by the WeTales.

            c.         WeTales makes no representations or promises regarding any Material or Content, and that many of the Material or Content provided via WeTales Service may be owned or licensed by third parties.

            d.         WeTales is not a party to any transaction between you and any provider of products or services via WeTales Service. Any dispute shall be resolved between yourself and such provider of such products or services.

            e.         Any information, including any data, Materials, or Content on WeTales Service, including on any Facebook, Instagram or Twitter page, is for informational purposes only.

            f.          You assume all risk when using WeTales Service, including all of the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.

            g.         You acknowledge that WeTales Service is a platform to design and deliver the invites. Its not actually a authorised SMS, WhatsApp and Call provider company.

            h.         You assume all risk regarding currency fluctuations, as fluctuations in the currency market may have an impact on the value of a booking or potential booking, along with any potential refund for a cancellation.

16.      Indemnification.  You agree to indemnify, defend and hold harmless WeTales Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of WeTales Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through WeTales Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to WeTales Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

17.      Applicable Law and Jurisdiction. Your use of WeTales Service is governed by and will be enforced under the laws of the State of Gujarat without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located within Pune.  You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to WeTales Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by WeTales. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. WeTales may seek any interim or preliminary relief from a court of competent jurisdiction within Gujarat necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF WeTales SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

19.      Procedure for Notifying the Company of Copyright Infringement. Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:

            a.         An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

            b.         Identification of the copyrighted work claimed to have been infringed.

            c.         Information describing where the allegedly infringing material is located on WeTales Service.

            d.         Your address, telephone number, and email address.

            e.         A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

            f.          A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

The foregoing information may be emailed to [email protected]

Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.

21.      Miscellaneous. These Terms of Service constitute the entire agreement between WeTales and each user of WeTales Service with respect to the subject matter of these Terms of Service.

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

You may not assign any of your rights or delegate any of your obligations under these Terms of Service.  Your subcontractors and employees will comply with these Terms of Service applicable to you, and you are responsible for their actions and omissions as though they were your actions and omissions.

The failure of WeTales Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.  You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.

We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.

No action arising out of these Terms of Service or your use of WeTales Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

 

22.      Customer Service.  If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at [email protected].

23.  Force Majeure causes clause applicable. WeTales not responsible to make good any loss/damage caused to Professional Workspace or Visitors due to events of Force Majeure OR in the cases where it is caused by any reason otherwise than the direct default of WeTales.