WILDERJACK TERMS AND CONDITIONS OF USE
Last updated on 21/11/2020
This Wilderjack Platform is operated and provided to you by Wilderjack Design Solutions Private Limited (“Wilderjack”) having its registered office at A/1404, Abrol Vastu Park, Evershine Nagar, Malad West, Mumbai Suburban, Maharashtra, 400064.
- Wilderjack offers a Platform providing services vis-à-vis designing, manufacturing and delivery of customized furniture (based on available options and designs provided by us) (“Services”).
- Platform Access, Eligibility and Obligations of the User:
- You may access and use the Platform by visiting https://wilderjack.com/ and browsing through our products and Services. To purchase our products or avail our Services, you can contact us on the Platform by submitting the following basic details in the Contact Us tab:
- Email Address
- Contact Number
- In addition to the information provided at the Contact Us tab, you shall also have the option to provide additional information, which may be helpful to Wilderjack in providing you with a more customized experience when using the Platform.
- You shall be solely responsible for safeguarding your credentials and shall keep them secure at all times. You shall be solely responsible for the use of your credentials and shall notify Wilderjack immediately of any breach of security or any unauthorized use of your credentials. You agree that you will not represent yourself or misrepresent yourself as another user of the Platform.
- Use of the Platform is available only to individuals who are at least 18 (Eighteen) years old and can enter into legally binding contracts under applicable law. If you are a minor (i.e less than 18 (Eighteen) years old) and wish to use the Platform, you may do so through your legal guardian. You represent, acknowledge and agree that you are at least 18 (Eighteen) years of age or are being represented by your legal guardian who is at least 18 (Eighteen) years of age and that:
- all registration information that is submitted is truthful and accurate and
- you will, at all times, update and maintain the accuracy of such information.
- Our Platform is designed to access and use the location of your mobile device for the limited purpose of checking if our Services can be availed in your locality and to check delivery timelines and serviceability. Our Services do not track your location except as mentioned herein. Once you have posted your information, our Service will cease to access your location through your mobile device. Nonetheless, use of the Services may involve special risks associated with other persons knowing your location.
- You agree to receive promotional notifications and advertisements with respect to or through our Platform.
- Wilderjack does not monitor any content / information provided by the users on the Platform. You shall ensure that you do not provide any content / information on the Platform that may be inappropriate, defamatory, illegal, tortious or that otherwise infringes the rights of others or of Wilderjack. You are solely responsible for your content and other information provided by you through Our Services. Any user of the Platform sharing or posting information on the Platform shall be solely responsible for the truthfulness, accuracy, legitimacy, and legality of such information and Wilderjack bears no liability or responsibility in this regard. In case of sensitive information, you must take utmost care before making it available to other users of the Platform. Wilderjack reserves the right to remove any and all content in violation of this requirement, and also reserves the right to indefinitely suspend or terminate or block your access to the Platform and refuse to provide access to you any time in the future.
- You shall not take any action that:
- in Wilderjack’s sole discretion, may unreasonably encumber the Platform’s infrastructure;
- interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or
- bypasses Wilderjack’s measures that are used to prevent or restrict access to the Platform.
- is misleading or misrepresentative in any way;
- is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful, politically sensitive or otherwise objectionable, invasive of another’s privacy, relating or encouraging sedition, money laundering or gambling;
- violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar Services;
- tracks another user’s personal information
- accuses others of illegal products, or describes physical confrontations;
- constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
- distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment of Wilderjack or any other users;
- decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Platform and removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Platform;
- encourage criminal conduct or which may give rise to a civil liability or which is unlawful.
- harms minors in any way;
- threatens the unity, integrity, defence, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation and
- violates any law for the time being in force.
- Your use of Services:
- You acknowledge that, unless expressly provided, Wilderjack does not make any representations and/or any warranties in respect of the Services and any information / content on the Platform and as to the legal title, creditworthiness, identity, validity, etc. of any of the information / content on the Platform. You are hereby advised and instructed to independently verify the bonafides of any particular service that you choose to avail on basis of the information provided on the Platform and use your best judgment in that behalf. Wilderjack accepts no liability, whether on behalf of itself or any third parties, in respect of the information and content on the Platform. All the offers provided on the Platform including any third-party offers are subject to the respective party terms and conditions and Wilderjack takes no responsibility or liability for such offers.
- You understand and acknowledge that Wilderjack attempts to be as accurate as possible in the description of the Services on the Platform. However, Wilderjack does not, in any manner, warrant that the Services, information / content available on the Platform is complete, current, reliable, accurate, or error-free in all aspects. The Platform may contain errors or inaccuracies and may not be complete or updated. Further, you understand that any pictures uploaded on the Platform are simply indicative and may not exactly match in reality. Wilderjack accepts no liability whether on behalf of itself or any third parties in respect of the content / information posted on the Platform.
- You agree that Wilderjack has neither made any representation or warranty as to the specifics (such as quality, value, merit, worth, utility, saleability, etc.) of the Services / information / content offered and/or extended on the Platform nor does it implicitly or explicitly support or endorse any other services on the Platform. Unless otherwise expressly provided in writing by Wilderjack, Wilderjack accepts no liability of any nature whatsoever, including but not limited to any claims or liability arising from availing the Services, whether on behalf of itself, other users or any third parties. You expressly release us, our subsidiaries, affiliates, and our owners, partners, directors, managers, officers, employees, staff, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders from any claim, complaint, cause of action, controversy, or dispute and / or damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against Wilderjack or any third party. Further, Wilderjack specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- In the event you post any review, rating and/or feedback on the Platform or in any media, digital or print, of any Service availed by you, you shall be considered the sole author of that review; rating and/or feedback. You represent that the review, rating and/or feedback shall reflect your actual experience of the Services. You shall not be paid or otherwise remunerated in connection with your authoring or posting of the review, rating and/or feedback and you should have had no financial, competitive, or other personal incentive to author or post the review, rating and/or feedback that was not a fair expression of your honest opinion.
- The Platform is for personal use only. You shall not use the Services or any content contained in the Platform (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered on the Platform. You shall not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Wilderjack may investigate and take any available legal action in response to illegal or unauthorized uses of the Platform.
- Provision of Services by Wilderjack:
- Wilderjack shall provide you with the Platform where you can avail the Service by submitting personalised quotations and requirements. The Services may allow you to access, use or interact with third party websites, apps, content and other products and services. Wilderjack is not responsible for such information / content provided either by any other user or any third party, in any manner whatsoever.
- To use our Services, you will require internet connectivity and / or appropriate telecommunication links. Our Services do not include the provision of any mobile, computer system, resource, terminal, server, equipment or any devices necessary to use the Services. We shall not have any responsibility or liability for any mobile, computer system, resource, terminal, server, equipment or any devices necessary for the user to access our Platform or avail the Services nor shall we be liable for any costs incurred from your use of internet and / or appropriate telecommunication links. You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. Wilderjack reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time on the Platform without prior notice to you.
- The Platform may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on the content of information stored on the Platform, searches conducted on the Platform by you or other relevant information. The manner, mode and extent of advertising by Wilderjack on the Platform is subject to change without specific notice to you.
- Part of the site may contain advertising information or promotional materials or other materials submitted to Wilderjack by third parties. Responsibility for ensuring that materials submitted for inclusion on the Platform complies with applicable laws is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Platform and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Wilderjack will not be responsible or liable for any error, omission, inaccuracy in any advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform
- Fees and Taxes:
- Your access to the Platform is currently not chargeable. However, WIlderjack reserves the right to charge a fee in any manner it deems fit, for your use / access to the Platform after duly notifying you in advance in this regard.
- Wilderjack shall not, in any situation whatsoever, provide a refund for their Services except as otherwise authorised by the law. Wilderjack shall also have the right to refuse or cancel the Service orders, if any.
- You agree that you shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments, if any, in respect of your use of the Platform. Wilderjack has the right to charge fees and all the taxes as per applicable by law on your use of the Services on the Platform. Wilderjack further reserves the right to alter such fees from time to time, without prior notice to you.
- Termination from the Platform:
- Wilderjack may suspend or deny you access to the Platform or refuse to provide the Services at Wilderjack’s sole discretion if:
- any information provided by you proves to be false, inaccurate, not current or incomplete;
- it is believed that your action may cause legal liability for other users or Wilderjack; and/or
- You agree that you will not attempt to access the Platform or otherwise attempt to avail of the services without our permission in the event of your suspension or termination of access to the Platform.
- You agree to indemnify and hold Wilderjack, its officers, managers, members, affiliates, successors, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the termination of your access to the Platform.
- Third Party Associates and their services
- Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Wilderjack does not control any of these third-party web services or any of their content. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
- You expressly acknowledge and agree that Wilderjack is in no way responsible or liable in any manner whatsoever for any such third-party services or features available on or through the Platform. Your correspondence, attendance of events and / or any business or other dealings with third parties found through the Platform are solely between you and such third party.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification:
- Wilderjack shall strive to ensure that all the information on the Platform is accurate, but Wilderjack neither warrants nor makes any representations regarding the accuracy, completeness, usefulness, safety, or intellectual property rights of any data or information / content contained on the Platform or the content of any third party sites linked to our Services or made available on the Platform. Unless otherwise expressly provided in writing by Wilderjack, Wilderjack makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Platform. You further acknowledge and understand that you may be exposed to content that is inaccurate, offensive, or objectionable since Wilderjack does not screen or investigate third party material before or after including it on the Platform. In no circumstances shall Wilderjack be liable for any incident that occurs due to any information made available on the Platform. Further Wilderjack expressly disclaims any liability with respect to any negative comments, reviews and / or ratings that any user may put up on the Platform or otherwise.
- Wilderjack does not warrant, endorse, guarantee or assume responsibility for any product, event or service advertised or offered by any user of the Platform or by a third party through our Services or any hyperlinked website or any product, event or service featured in any banner or other advertising on the Platform or related third party links. Wilderjack shall not in any way be responsible for monitoring any transactions between you and any third-party service providers whether the same are advertised or offered on the Platform or not.
- Although Wilderjack makes reasonable efforts to ensure that the description and content on the Platform is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.
- Please note that there could be risks in dealing with underage persons or people acting under false pretense.
- Wilderjack does not endorse any advertiser on its Platform in any manner. The User is requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- In no event shall Wilderjack be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Platform and Services and any information contained on the Platform;
- unauthorized access to or alteration of any user’s transmissions or data;
- any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform.
- Neither shall Wilderjack be responsible for the delay or inability to use the Platform, the provision of or failure to provide Services, or for any information and services obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Wilderjack shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Wilderjack’s control. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
- You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your devices or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
- breach of contract,
- breach of warranty,
- negligence, or
- any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
- Without prejudice to the above, the maximum liability on part of Wilderjack arising under any circumstances mentioned at clause 10.8 above, in respect of any Services offered on the Platform, shall be limited to refund of the total amount received from the user for availing the Services, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.
- The Services provided by Wilderjack are controlled and offered in the country of India only and if you avail the services outside India, Wilderjack shall not make any representations in respect of the contents or features that are available or otherwise suitable outside India. If the use of Services by you is in the location outside India, it shall be your responsibility to ensure that the use of our Services is legal and valid under the laws of the country from where you are using our Services. You agree to undertake all liabilities, responsibilities and consequences, if any, in connection with the use of our Services from or in any location outside India under the law of that country. Wilderjack shall not be liable for any of the consequences arising out of your unauthorized use.
- Wilderjack shall not be liable or responsible for any kind of direct, indirect, solicited or unsolicited communication made by any user to another user or third party based on the information or content posted, uploaded, transmitted, transferred or sent through or by using our Services.
- Intellectual Property Rights
- Wilderjack is the sole and exclusive copyright owner of the Platform. Further all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights relating to the Platform shall vest at all times in Wilderjack. Wilderjack states that the Platform has been developed, compiled, prepared, revised, selected, and arranged by Wilderjack through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Wilderjack. Wilderjack expressly states that the data on the Platform is reflected ‘as is’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, including any commercial purpose, without the prior written consent of the respective owners. Wilderjack reserves all rights not expressly granted in and to the Platform.
- In order to operate and provide our Services, you grant Wilderjack a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, perform and communicate to the public, the information (including the content) that you upload, submit, recommend, store, send, or receive on or through our Platform and Services. You consent to the use and sharing of your data and information in the manner as aforesaid for availing the Services through our Platform.
- By submitting, uploading or recommending any material or information on our Platform, you confirm that your respective information is an original work and is not an infringement of proprietary rights of any third parties. You agree to compensate us for any loss or damage we may suffer from any third-party claim arising from a breach of your aforesaid undertaking. We are not liable to pay or compensate you with respect to any material or information submitted or recommended on our Platform, in any manner whatsoever.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Wilderjack (collectively referred to as “Suggestions”) in any manner whatsoever, suggesting or recommending changes to the Platform, or the Services including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, and Wilderjack shall be free to use for any purpose whatsoever, without any attribution or compensation to you, such Suggestions including but not limited to, developing, licensing, marketing, advertising and selling, directly or indirectly the Services. You understand and agree that Wilderjack is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email (with acknowledgment of complete transmission) to the following address:
- If to Wilderjack, at A/1404, Abrol Vastu Park, Evershine Nagar, Malad West,
- Mumbai Suburban, Maharashtra, 400064.
- If to a user, at the communication and/or email address specified at the account registration page.
The Notice shall be deemed to have been served 48 (Forty Eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
- Force Majeure:
- Governing Laws and Jurisdiction:
- Relationship between the parties:
- Contact Us:
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.