This is an Agreement ("Agreement") between Waffor Inc., herein ("Waffor"), having an registered office at 16192, Coastal Highway, Lewes, Delaware 19958, USA and place of business at No: 4A, First Floor, 4th Cross Street, Dhandeeshwaram Nagar, Velachery, Chennai - 600042, India registered as "Waffor Retail Solutions (P) Ltd" and the entity agreeing to the terms here in ("Participant", "You", "you" or "Customer" or “Buyer”).
By using or accessing any part of the service, you agree that you have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the service. If You are entering into this agreement on behalf of a company, you represent that you have the authority to bind that company to the terms of this agreement.
Welns offers support services to various Salons/Spas (herein referred as “Merchants”) in respect to online booking, payment collection, call centre, and other services.
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period related to products and services and after sales services related to products and services. Welns does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.
Welns does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Welns takes no responsibility for such offers.
Welns neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Welns accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Welns is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Welns cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Welns is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back booked.
Welns is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Welns hold any right, title or interest over the products nor shall Welns have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
Welns is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Welns shall notify the same to Merchant and shall also redirect the Buyer to the customer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Booking to which the complaint relates, to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence
You may access the Platform by registering to create an account ("Welns Account") and become a member ("Membership"); or (c) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Welns Account with Third Party Accounts, by either:
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Platform via your Welns Account.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Welns Account on the Platform.
We will create your Welns Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one Welns Account and not permitted to create multiple accounts. If found, you having multiple accounts, Welns reserves right to suspend such multiple account without being liable for any compensation.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Welns Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Welns Account.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
As a general rule, all bookings made on the Platform are treated as confirmed.
Welns reserves the right to update and change the Terms of Service from time to time; an updated version will be published on our website at http://welns.io/terms-of-service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and/or other illegal purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Welns does not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.
Welns backs up entire data periodically for continuity of its services. This backup solution is built on top of the world's leading cloud hosting providers like Google, Inc., Amazon.com, Inc., and others. However, Welns, shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or retrieve any data due to a glitch or a defect in our software or the software used by the earlier mentioned cloud service providers.
Solely and only for the purpose of providing the services to you, you grant Welns loyalty free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
You hereby consent that, Welns may identify You as a Customer of the service (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, press releases and proposals to other current and prospective customers. If a Customer does not renew the subscription for the Service, Welns shall provide master data and limited transactional data of the Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term and thereafter may delete the customer account and all of the Customer Data. Please note that some information like billing and subscription may remain with us for accounting and legal reasons. Additionally, Customer Data may remain with us for the period of 90 days on our replication servers and or high availability servers, beyond which it is completely deleted.
Confidential Information of the Customer shall mean all business and technological information of Customer and shall include the Customer Data. Confidential Information of Welns shall mean the Services other than the Customer Data. Confidential Information shall not include any information which is in the public domain (other than through a breach of this agreement), which is independently developed by the recipient or which is received by a third party not under restriction. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, professional advisors, or third party vendors who participate in the provision of the Services hereunder who need to know it and who have agreed to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by an order of a government entity of appropriate jurisdiction; provided that the recipient uses commercially reasonable efforts to promptly notify the other party of such disclosure before complying with such order.
Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
Usernames and passwords are personal, and are to be considered part of Confidential Information of Customer. The Customer is at all times fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify Welns for all claims and losses related to such acts and omissions.
Customer may not use the Service for any illegal or unauthorized purpose. Customer must not, in the use of the Service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
Welns may make updates to the Service from time to time as per market demands. Customer is responsible for all taxes and Customer will pay Welns for the Services without any reduction for taxes. If Welns is obligated to collect or pay taxes, the taxes will be invoiced to Customer.
Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and Welns owns all Intellectual Property Rights in the Service.
When the Customer pays Welns via bank transfer or credit card, the necessary bank transfer or credit card charges should be borne by the Customer. For avoidance of doubt, the total license fee payable should be credited to our account without any deductions.
Welns warrants that it will provide 95% uptime of the service failing which downtime credit will be provided for the time the service was not available.
Welns agrees to defend, indemnify, and hold harmless Customer, its Affiliates, and their respective, officers, directors, employees, agents, representatives and contractors from and against any claims, actions, demands, liabilities and expenses, including, without limitation, damages, other monetary relief, expert fees, costs and reasonable legal fees, alleging or resulting from any claim that the Services infringe upon the intellectual property rights of whatever type or form of any third party.
Welns is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the Customer provided internet and electronic communications.
Except as otherwise provided herein, the Service is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
Welns takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, Welns makes no warranty that the service will be free of viruses or other harmful components.
Welns makes no warranty that the service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, Welns will take reasonable efforts the rectify the errors and interruptions; any information or advice obtained by Customer in connection with the Service will be accurate or complete; the results of using the Service will meet Customer requirements.
IN NO EVENT SHALL WELNS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WELNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WAFFOR RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL WELNS'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 1 MONTH FEES PAID BY YOU TOWARDS SUCH SERVICE
At Welns, we respect our customers and users need for online privacy and protect any personal information that may be shared with us, in an appropriate manner. Welns's practice as regards use of customer personal information is as set forth below. The following provisions are in addition to the confidentiality provisions set forth herein. In the event of a conflict between the provisions of this section and the confidentiality provision, the confidentiality provisions shall prevail.
Welns collect information in two ways: Information customer gives us. Welns collects information from Social Networks such as Facebook, etc. to provide better service to all our users - that includes first name, last name, email address and email groups each user belongs to. Welns does not collect passwords or store documents in our application Information we get from customer use of our service. Information we get from customer use of our service. Welns may collect information about the service that customer use and how customer use them, like when customer visit the application or when customer used a specific feature. Our logging system automatically collects information like the internet protocol address, browser type, browser language, referring URL, features accessed, errors generated, time zone, operating system information and other such information that is transmitted in the header of the user's HTTP request and stores it in log files. Welns uses these log files to analyze trends, administer, and improve the application. Welns doesn't collect or store application or user specific data as a part of logs.
How we use the information we collect Welns uses the information for the following general purposes: service provisioning, billing, identification, authorization and service improvement. When the Customer contacts Welns, we may keep a record of customer communication to help solve any issues customer might be facing. Security of customer data Welns adopts industry appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Customer personal information and data stored in customer user account. Welns shall ensure that it receives similar commitments from its vendors used to provide the Services hereunder. Welns will provide notification to Customer as soon as reasonably practical after a breach of such security which may impact Customer Data. Access to customer name and email address is restricted to our employees who need to know such information in connection with providing Welns Service to Customer and are bound by confidentiality obligations. Welns does not sell the personally identifiable information Customer provide for financial gain nor does Welns share such information with third parties for the purpose of sending customer advertisements for products or service unaffiliated with Welns.
Governing Law & Jurisdiction This agreement shall be governed by the laws of the State of Delaware, United States of America.
Last Updated: 19th September 2022