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TERMS OF USE

Waa Motors and Pumps

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The terms "We" / "Us" / "Our"/ “Company” individually and collectively refer to WAA MOTORS AND PUMPS PRIVATE LIMITED [p1] and the terms "Visitor” / “User” / “you” / “your” refer to the users/customers/visitor/buyer.


This page states the Terms and Conditions under which you may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

 

1. Use of Content

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.


You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without our written permission.

 

2. Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or otherwise to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. If you wish to order products for business purposes you may reach to us at legal@waamotors.com

 

 

3. Privacy

Please review our Privacy Policy, which also governs your visit to our Website, to understand our practices. The personal information / data provided to us by you during the course of usage of Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

 

 

4. E-Website for Communication

 

You agree, understand and acknowledge that the Website is an online Website that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that we are only a facilitator and not a party to or controller in any manner for any transactions made on the Website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between us.

 

5. Access to Website

We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We may attempt to limit the frequency and duration of any such suspension or restriction.

 

6. License for Website access

Subject to your compliance with these Terms & Conditions and payment of applicable fees, if any, we grant you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Company and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

 

This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company and / or its affiliates, as may be applicable.

 

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Company‘s and/or its affiliates' names or trademarks without the express written consent of Company and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Company and / or its affiliates, as applicable.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of Company as long as the link does not portray Company and/or their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written consent of Company and / or its affiliates, as may be applicable.

 

7. Acceptable Website Use

  1. Security Rules


Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

  1. Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.

  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization

  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing"

  4. Sending unsolicited electronic mail, including promotions and/or advertising of products or services.

  5. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.

  6. To cause annoyance, inconvenience or needless anxiety

 

Violations of system or network security may result in civil or criminal liability. The Company and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

  1. General Rules


Visitors may not use the Web Site in order to transmit, distribute, store or destroy material:

  1. that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation

  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others

  3. that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

8. Copyright, authors' rights and database rights

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software including but not limited to compilation of all content, all software used on this Website, is the property of Company, its affiliates or its content suppliers and is protected by applicable laws of India and other applicable international copyright, authors' rights and database right and other applicable laws.

 

You may not systematically extract/ or re-utilise parts of the contents and/or not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts and/or not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of the Website without Company and / or its affiliate's (as may be applicable) express written consent.

 

9. Other Businesses

Parties other than Company and its affiliates may operate stores, provide services, or sell product lines on Website. For example, businesses and individuals offer products via Marketplace. In addition, we may provide links to the Websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Company does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other Terms & Conditions.

 

10. Communications

When you visit Website, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the Website.

 

11. Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or

  2. Exceeding the present limit mutually agreed by You and between "Bank/s", or

  3. Any payment issues arising out of the transaction, or

  4. Decline of transaction for any other reason/s

All payments made against the order/s on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

 

Before shipping / delivering your order to you, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your order. This is done in the interest of providing a safe online shopping environment to our users.

Transactions, transaction Price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Website.

 

You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically and from other users in respect of transactions through payment facility. Your relationship with Company is on a principal to principal basis and by accepting these Terms & Conditions you agree that Company is an independent contractor for all purposes, and does not have control of or liability for the order that are listed on Website that are paid for by using the payment facility. Company does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.

 

You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Website is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

Payment Facility for Users:

 

You, as a User, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the Payment Facility, and You shall pay the transaction price through your issuing Bank to the seller using Payment Facility.

 

You, as a Buyer, may agree with the seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

 

You, as a Buyer, may be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier except force majeure events which are beyond our control. In case you do not raise a refund claim using Website features within the stipulated time than this would make you ineligible for a refund.

 

 

You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.

 

Refund, if any, shall be made at the same issuing bank from where transaction price was received, or through any other method available on the Website, as chosen by you.

 

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.

 

Refund shall be conditional and shall be with recourse available to Company in case of any misuse by User.

  1. We may also request you for additional documents for verification.

  2. Refund shall be subject to User complying with policies.

 

Company reserves the right to impose limits on the number of transactions or transaction price which Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

Company reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

 

Company may delay notifying the payment confirmation i.e. informing seller to dispatch, if Company deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, Company may hold transaction price and Company may not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

The User acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Company.

12. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.

13. Notices:

Any notices from either Party to the other will be given in writing to address mentioned below or to other such address or addressees as may hereafter be designated in writing here. A notice can be sent through any mode of electronic communication or registered post or courier (will be deemed received when delivered, or three (3) days after deposit in a reputed international courier service) or electronic mail (once successfully delivered).

 

Name: PUJAN DOSHI

Designation: DIRECTOR

Address

No. 40, Vibrant Business Park,

Phase I, GIDC Vapi

Gujarat - 396195

India Email: legal@waamotors.com

14. Indemnity

The Visitor unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages and/or penalty and/or any other charges/penalty by whatsoever name including but not limited to reasonable attorney's fees, made by any third party in whatsoever nature it may be arising from or resulting from their use of Website or their breach of the terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

 

You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.


IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERM & CONDITION, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

15. Liability
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/ or incidental and/or special consequential and/or exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

 

16. Disclaimer

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. You further acknowledge and undertake that you will use the Website to order products only for your personal use and not for business purposes.

 

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website.

 

17. Disclaimer of Consequential Damages

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

 

18. Alteration of Service or Amendment to the Conditions

We reserve the right to make changes to our Website, policies, and these Terms & Conditions at any time. You will be subject to the policies and Terms & Conditions in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these Terms & Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

19. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

20. Waiver

The failure or delay by us to enforce or to require the performance at any time of any of the provisions shall not be construed to be a waiver of such provision, and shall not affect either the validity or any part hereof or the right to enforce the provisions.

 

21. Amendment

This Agreement shall not be amended, modified or altered, except in writing, duly accepted and executed by both Parties.

 

22. Governing Law

This Terms & Conditions shall be governed by, and construed in accordance with the laws of India. Subject to clause 23 below, any dispute arising out of this Terms & Conditions shall be subject to the exclusive jurisdiction of Courts in Mumbai only.

 

23. Dispute Resolution

Any difference, dispute, controversy, or claim (“”) which may arise between the Parties out of or in relation to or in connection with this Agreement, or the breach, termination, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities hereunder, other than a Dispute for which provisions specifically made in this Agreement, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the Parties, within 30 (thirty) days of the date when the dispute arisen, the same shall be settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996, or any subsequent enactment or amendment thereto, adjudicated by a sole arbitrator appointed mutually by the Company in the state of Maharashtra, Mumbai only where proceedings shall be in English language. The decision of the Arbitrator(s) shall be final and binding upon the Parties. This clause shall survive termination or expiry of this Terms and Conditions.