Last Updated: June, 07, 2015
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.
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.
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).
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.
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.
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.
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:
By providing any Content to our web site you agree to all of the following statements listed below:
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).
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:
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.