WHIDE - TERMS & CONDITIONS
Customer Terms & Conditions
Thank you for visiting our website, www.whide.com ("Website") or downloading our mobile application ("App"). While the Whide partners finish your personal tasks, please spare the time to read the following terms and conditions. You can learn about our services from the website and use our services through the mobile application or App (the Website and the App referred to herein as "Platforms").
1. Acceptance of Terms
2. General Registration Requirements
In consideration of your use of our Platforms, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and
(b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.
There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Whide. Whide reserves all rights not expressly granted in and to the Website/App and the Content.
You may access our Platforms as available for Your information and personal use.
You will be required to enter a valid phone number while registering on our Platforms as a subscriber. By registering Your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send You will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.
3. Subscriber Account and Security
If You register with Whide, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
4. Services and Payment
Whide’s services constitute a technology platform that connects You to a third party Whide partner/ Merchant to schedule and complete your everyday requirements and errands ("Services"). Whide does not run your tasks or errands by itself nor does it actively supervise the completion of Your tasks.
When You use the services of a service provider/ Whide partner/ merchant, You will incur a charge. Whide will facilitate your payment for the services and the service provider/partner/ merchant fee through integrated payment platforms. To the extent that Whide receives charges on behalf of the service provider/partner/ merchant, it acts as an agent of the service provider/partner/ merchant and all payments made by You for services rendered are deemed to be payments made to the service provider/partner/ merchant. Payments are inclusive of taxes.
5. User Information
Our Services depends on the information You provide to us. You are solely responsible for and in control of the Information You provide to us.
If You use the Website or the App, You agree that information about Your use of the Whide Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your Whide data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Whide account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.
Whide reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Whide.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Whide reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.
We may disclose to third parties certain data related to You, without providing Your personal details such as name, residential and e-mail address, mobile number, unless:
(1) You expressly permit us to do so, or any other person You may specifically designate to disclose such information or
(2) We are required to disclose such information by any applicable law or legal process.
6. Prohibited Conduct
You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
harasses or advocates harassment of another person
exploits people in a sexual or violent manner
contains nudity, violence, pornography, sexually explicit material or offensive subject matter
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
violates any intellectual property or other proprietary right of any third party, including Content that 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, or providing pirated music or links to pirated music files
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
solicits passwords or personal identifying information from other Subscribers
involves commercial activities and/or sales without Whide’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.
7. Termination or Suspension of Account or Services
You agree that Whide may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.
You acknowledge, consent and agree that Whide may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
comply with legal process nationally or internationally
enforce these Terms
respond to your requests for service or complete your tasks
protect the rights, property or personal safety of Whide, its subscribers and the public, or
9. Security Components
You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Whide and/or content providers who provide content to Whide. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.
10. Proprietary Rights
All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Whide. You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Whide’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
11. Whide and Links to Third Parties
We may introduce you to independent third parties to complete your tasks. Where we refer independent third party service providers, You shall pay the fees directly to the service provider. Whide’s disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
12. General Terms and Conditions
You agree and accept that the use of the Services provided by Whide is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.
You agree and acknowledge that the use of the Services offered by Whide is at Your sole risk and that Whide disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, Whide makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances Whide’s liability is limited to the service fee paid by You for the transaction in question.
Whide will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Whide shall be entitled at any time without giving any reason to terminate the request for services from You.
If You have any complaint in respect of the Services, You must inform Whide of the same in writing within 24 hours of using the Services of Whide.
Whide shall not be liable for any conduct or behaviour or actions of third party service providers. However, Whide encourages you to notify it of any complaints that you may have against the service provider that you may have hired using Whide's services.
Partners will only run Your errands as per your instructions. In the interest of user privacy, partners do not check any bags or packages for any contents. You are solely responsible for the contents of the packages.
Scheduling and rescheduling a task depends on the availability of Whide partners at the time of scheduling and at the time of running the task. Should you choose to reschedule a task at a later point in time it will be considered as a new task.
If a partner/ service provider /merchant cannot fulfil any of your tasks, you will be notified as soon as is reasonably possible.
Under no circumstances can we run any tasks which are immoral or unlawful in nature. Whide reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. Whide may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
To help the service provider to serve you better, please provide as much information as possible regarding the task.
The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.
In the event your task requires the purchase or sale of any product or service, such product or service is provided to you from a third party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the Services, Whide by itself does not sell or provide any such product or service. Whide is not responsible for the quality, merchantability or fitness of such product or service.
13. Compliance with Applicable Law
You agree that You shall not use any Whide Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, Whide Content:
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
(c) that belongs to another person and to which the user does not have any right to,
(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
(e) harm minors in any way,
(f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
(g) impersonate another person or entity,
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Whide’s computer systems or site or Whide’s users, customer’s computer systems or site,
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
14. Intellectual Property Rights
The Services provided by Whide is premised on a proprietary software developed and made available exclusively by Whide. Whide is the sole owner of the App, Website and all software created to provide You with the Services. Whide provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Whide. You may not copy, reproduce or use such Content without due attribution of ownership to Whide. All icons and logos are trademarks of and proprietary to Whide. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content is the exclusive copyright of Whide or its licensors, except the Third Party Content and link to third party website. Systematic retrieval of Whide Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Whide is prohibited. In addition, use of the Content for any purpose not expressly permitted by Whide in these Terms is prohibited and may invite legal action.
15. Acceptance of Terms
These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.
Whide reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if Whide believes that You have breached any of these Terms, furnished Whide with false or misleading information, or interfered with use of the Platform by others.
16. Disclaimer of Warranties and liability
All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Whide does not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.
Whide will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. Whide does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL WHIDE OR ITS EMPLOYEES OR ITS AGENTS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY WHIDE FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
17. Cancellations and Refunds
We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, You may incur a service fee if we have already commenced work.
If a third party vendor has been engaged or We have incurred a cost with a third party vendor, You cannot cancel the task. You will in such circumstances be subject to the cancellation and refund policies of such third party vendor.
Whilst we surely hope not, but We may need to cancel Your order in any of the circumstances below:
(a) in the event of the designated address following outside the delivery zone offered by us;
(b) if in our discretion the task involves the supply of goods/services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
(c) Inability to proceed/complete the task due to lack of information, direction or authorization from You;
(d) inability to complete the task due to reasons beyond Our control.
Refunds may be provided only when the task has been pre-paid. In any one of the following circumstances we may provide a refund:
(a) Your order packaging has been tampered or damaged at the time of delivery;
(b) Us cancelling Your order due to the area of delivery being outside the jurisdiction of the services offered by us or by third party vendors;
(c) You cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund shall be processed and credited to your account in accordance with the terms that may be stipulated by the partner payment merchant and/or associated bank.
18. Exclusions and Limitations
Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
You agree to defend, indemnify and hold harmless Whide, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
Your use of and access to our Platforms in a manner except as permitted herein;
Your violation of any of these Terms or any applicable law;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
This indemnification obligation will survive the termination of Your account or use of services and the App.
20. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
21. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.
You may discontinue using the services at any time. You may also delete your account by writing to us at email@example.com. Deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Whide without restriction.
23. Integration Clause
24. Waiver and Severability of Terms
The failure of Whide to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
25. Governing Law and Venue
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Delhi.
26. Grievance Officer
In case of any grievance arising from the use of the Website or the App, please write to the Grievance Officer at firstname.lastname@example.org.
27. WHIDE CASH: Terms and Conditions
In these Terms, references to "You", "User", "Your" shall mean the end user/shopper/customer accessing Whide. The term "Whide", "We", "Us", "Our" shall mean Kintsugi WhidePrivate Limited and its affiliates.
Usage/redemption of Whide Cash will be subject to the terms and conditions as and when decided by the company:
We may terminate your eligibility for Whide Cash or terminate your account, or the accounts of Whide members you have referred, if you or they take any of the following actions:
Open multiple accounts, including with different email addresses, for the same person in order to generate additional Whide Cash rewards.
Use false names, impersonate other people, or otherwise provide false or misleading information to us.
Violate these terms or any other terms and conditions on Whide.
Participate in the Whide Cash Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change the terms of this program, including but not limited to:
Modifying the amount of the Whide Cash rewards.
Modifying the eligibility criteria for the user.
Modifying when the Whide Cash reward is given to the user.
Modifying how you may use the Whide Cash rewards earned through this program.
Requiring minimum purchase amounts for redemption of Whide Cash reward.
Instituting a cap on the maximum amount of Whide Cash which the user earns or spends.
Discontinuing the Whide Cash Program entirely.
We shall post an updated version of these terms on the Whide App, and you shall be deemed to have accepted such changes by continuing to use the Whide App or the Whide Cash Program after the date such changes are posted.
This is a limited period offer and is subject to change, at the sole discretion of Whide.
Whide reserves the right to amend, modify, cancel, update or withdraw this Program at any time without notice. Upon such premature suspension, inconvenience, cessation, withdrawal, termination or closure by the Company, no person shall be entitled to claim loss of any kind whatsoever.
All disputes arising out of the referral program shall be subject to the exclusive jurisdiction of the Courts in Delhi, India.