Terms of Use

Last Updated: June, 07, 2015

Please read these Terms of Use ("Agreement", "Terms of Use") carefully before using www.whiskit.in ("the Site") operated by WhiskIt Enterprise LLP ("us", "we", or "our"). This Agreement sets forth the legally binding Terms of Use for your use of the Site at www.whiskit.in.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhiskIt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Acceptance of Terms of Use and Amendments

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

Our Service

WhiskIt serves solely as a platform that will allow people to offer, sell and buy certain goods within a fixed-price format. Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. WhiskIt is not directly involved in the transaction between buyers and sellers. As a result, WhiskIt has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Moreover, we shall have no responsibility or liability for the buyers or sellers on our site regarding timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

Users are able to view product pages, shops or profiles on WhiskIt without registration. Registration as a member is required, however, for all other features (e.g. selling, purchasing, using the communication system on the WhiskIt platform, using the comment and rate functions, forums, communities).

Privacy Policy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

Fees

To register as a member with WhiskIt is free. Fees are charged for certain services used by sellers, the amount of which is listed in the current WhiskIt Fees Explanation. WhiskIt charges fees for, amongst other things, listing offers. Following a successful sale of a good or service via the WhiskIt platform, a commission is due. In addition, members can choose to offer their products in the so-called advertising space of WhiskIt, a particularly effective marketing tool. This incurs an extra charge. The same applies for home page bookings and other additional options specified in the Fees Explanation. WhiskIt informs its members before each additional option is confirmed that a respective fee is due. If a purchase is not completed as a result of a valid revocation, WhiskIt will refund the sales commission.

The member will be invoiced by WhiskIt for any fees either when becoming due or after completion of a calendar month, at the latest at the end of the following month. The invoice will be sent by email as a PDF file to the member’s email address. The invoice amount will also be displayed in the “My Account” section.

The member can do an online transfer / bank transfer for the fees due to WhiskIt or use a credit card. WhiskIt will always send invoices before debiting the amount and display it in the “My Account” section. If the debit transaction fails, the member shall pay WhiskIt a fixed fee for the return debit note unless the member can prove they are not responsible for the failure. The fixing of the additional costs for the failure of the debit transaction, does not affect the right to provide evidence that no costs, considerably lower costs or considerably higher costs have been incurred.

The member shall be in default without any further reminders if no payment is made within 30 days of an invoice being due and being received by email or the first time the invoice amount is listed in your account section under your profile. If the member is a consumer, this only applies if WhiskIt has advised the member of this consequence in the invoice.

Cancellation & Refunds

You must notify the 'seller' ("SHOP", "MERCHANT") immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the seller accepts your cancellation, no cancellation fee applies. If the seller refuses cancellation, e.g. because preparation of ordered items is underway /or has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.

We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

If the cancellation was made in time and once the seller has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.

In the unlikely event that the seller delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the seller can only do a partial delivery (a few items might be not available), the seller should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the seller.

Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used.

You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

  • provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  • impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
  • collect or harvest any data about other users;
  • provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
  • provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

Submission of Content on this Site

By providing any Content to our web site you agree to all of the following statements listed below:

  • you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
  • you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth;
  • you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

Obligations of All Members

General obligations which apply to all members:
There are laws (a) with which all members must comply, and rules (b) which WhiskIt itself sets out in order to ensure the smooth operation of the internet platform. Further obligations for members, in addition to those laid out here, can be found in the WhiskIt Guidelines.

Every member is obligated to use the WhiskIt platform for lawful purposes only and according to these Terms and Conditions as well as the WhiskIt Guidelines. Members are themselves responsible without limitation for their offers (e.g. shop, items for sale) and content (e.g. ratings, forum posts, individual information).

  1. Principles which apply to all members by law:

    Members must comply with applicable statutory requirements at all times when using our services; in particular, but not limited to content from members may not violate:

    • criminal law,
    • regulations for the protection of minors,
    • data protection law,
    • third party copyrights, trade mark rights, sign rights, patent rights or rights to a name
    • moral rights or other third party rights

    This means, for example, goods or services which may not be offered and content which may not be published include but are not limited to:

    • stolen goods/fenced goods (for example, goods acquired through fraudulent means)
    • media harmful to young people
    • premium telephone numbers
    • incitements to commit crimes, racist content
    • propaganda articles of banned parties, associations and groups
    • weapons
    • items from anti-constitutional organizations
    • slanderous, defamatory or libelous statements
    • counterfeit goods, imitations of branded goods
    • content which offends common decency (contra bonos mores)
    • images or other files which are protected by copyright if the user has not obtained the respective right of use
    • items produced using child labor
    • images or other files which infringe trade mark rights, company name rights or other proprietary rights

    Furthermore, one should note that there are many items whose trade is subject to special – sometimes very strict – statutory regulations or restrictions. This includes, but is not limited to:

    • trade in toys
    • trade in foodstuffs
    • trade in textiles
    • products from protected plant and animal species

    Please note that content on the WhiskIt platform is fundamentally accessible worldwide. Therefore, depending on the case it is possible that laws of other countries must be observed. This applies in particular to offers of goods and services aimed at customers in other countries; in particular, members who offer a good or service on one of the non-WhiskIt websites must usually also observe the regulations applicable in the country where they are offering said good or service.

  2. Principles which WhiskIt considers mandatory to ensure a good functioning of the market place:
    • Members should treat each other with respect!
    • Be fair to one another and to WhiskIt!
    • Only goods and services may be offered at WhiskIt which are suited to WhiskIt. This means that only desserts and baked goods may be offered or services which are related to handmade, artisan desserts. In exceptional cases, goods may be offered which have been produced by a third party provided the original producer is named and only a small number of the goods are available. More precise information on this can be found in our Guidelines.
    • Members may not circumvent the WhiskIt fee schedule or prevent a fee-based act of usage in bad faith. In particular, the member may not use the contacts which arise through the WhiskIt platform in order to sell items, listed on the WhiskIt platform, elsewhere. In the case of a circumvention or bad faith avoidance of remuneration, WhiskIt is entitled to demand the avoided remuneration from all members involved as joint and several debtors; further rights of WhiskIt, in particular to block and/or terminate the member account concerned, remain unaffected.
    • The seller of a good must actually be able to supply that good or be in a position of supplying it within the timeframe stated in the offer.
    • Information provided by the seller as to price, payment, delivery, delivery time, delivery and shipment costs must be accurate, complete and comply with applicable statutory requirements.
    • The offer must specify what the seller’s own contribution has been to the production of the product on offer.
    • A seller may not pass the WhiskIt fees on to the purchaser in addition to the sales price or collect these from the purchaser.
    • Merely providing a link to an internet address does not qualify as a description of a good
    • Products must be listed in the appropriate category.
    • Comments, ratings, messages and criticisms must be based upon facts and may not contain defamatory statements.
    • Members are not allowed to submit ratings on themselves.
    • No technology may be used which might be harmful or pestering to the platform, to members or to third parties (e.g. viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks etc.). This shall include, for example, the automatic read-out of data by crawlers.
    • Collecting address data from WhiskIt is prohibited without the consent of the respective member.
    • Members may not use the contact details they receive from one another in the scope of communications or transactions for advertising purposes without the express permission of the respective other member.
    • The use of spam, snowball systems and similar, unfair marketing measures is prohibited.
    • Search word spamming is prohibited.
    • On the Indian internet site of WhiskIt, products must be described in English. On the other WhiskIt platforms the description must be in the respective national language or the commonly used languages of the country.
    • URLs may only be included in offers if further information on the respective topic can be found at the URL provided. The content of the linked pages must comply with the applicable law. Links to partner programs, referral URLs, URLs to fee-based subscription sites and online shops etc. are not permitted.
    • • The member is obligated to avoid placing any excessive strain on the WhiskIt platform. In particular, no content may be published which could endanger the integrity, stability and availability of the WhiskIt platform.

Termination and Fees

If WhiskIt terminates a listing or your account, if you close your account, or if the payment of your WhiskIt fees cannot be completed for any reason, you remain obligated to pay WhiskIt for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact WhiskIt.

Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co- branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES.

OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

Regards to Communication

We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our site, forum, bulletin board, chat room, or any other user interactive area of our site.

We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our site, forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

You are fully responsible for your own statements and materials that you post in our site, forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

As a participant in our site, forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our site, forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.

Important Communication Note: When opting to do shares through our sites social accounts we own based on the service you have subscribed to when you placed an order for your campaign may be shared through third party accounts. Moreover, please note since when shares are conducted through a 3rd party service we will not have the ability to access the amount of friends/followers one may have.

Arbitration

For any disputes or discrepancies you may have with WhiskIt, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Indian Institute of Arbitration & Mediation. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
www.whiskit.in

WHISKIT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WhiskIt takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

Miscellaneous Information

  • In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
  • The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
  • You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.