The Welance End-User Terms of Service is an agreement between Obonato Technologies Private Limited (“Obonato”, “Welance”, “we”, “us”, “our”, “company”) and our client (“End-User”, “user”, “you”, “customer”, “retailer”, “merchants”) that uses Welance services. Please read these terms carefully.
Your use of the Services is governed by these Terms & Conditions, which are a contract between you and Welance regarding your use of the Services. By using the Services, you are agreeing to abide and be governed by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should refrain from viewing or otherwise using the Services.
By registering with Welance and using the Services, you are representing the following:
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Welance does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
Please be aware that Welance reserves the right to revoke your access to Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your Welance Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.
The Customers and Merchants indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from connection with any claim including but not limited to claim for any infringement of any intellectual property rights or confidential information or any other rights of any third party or of law, concerning quality or quantity.
You are responsible for any fees that may be applicable to certain transactions or use of the services; where you will be notified of such applicable fees, prior to the completion of any transaction or enabling of services. Only if you consent to paying the mentioned fees, shall the transaction go ahead or the services will be enabled. All fees shall be determined by Welance and will be inclusive of taxes.
You may use the service for lawful purposes only. You may not submit or transmit through the application any material, or otherwise engage in any conduct that:
Customer/Merchants may request to cancel their registration to the site by emailing connect@getWelance.com. Post receiving the request Welance will send you an email to confirm your request. After you respond, Welance will in most cases, remove your information from its "live" database, but residual information may remain in archives and records. In addition, if user account is being terminated for violations of the Agreement, Welance may keep some of the user registration information active to prevent re-registration.
Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contractible or conveyable by the customer or merchant, either by operation of law or otherwise, without the express, prior, written consent of the Company signed by an authorized representative of such Party. The Company is at liberty to refuse such consent.
In no event shall Welance, its owners, directors, employees and partners or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Welance has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of services.
In no event shall Welance’s total cumulative liability to you in connection with the services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees Welance has actually received and retained from your valid transactions during the two months period immediately preceding the date of the claim.
In consideration for Welance granting you access to and use of the services, you agree that in case of any dispute between the customer and merchant, Welance shall not be a party to the same. While Welance is not obligated to mediate disputes, we will assist users in communicating with each other regarding a dispute.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the App Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Bangalore, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
The information and materials contained in this site and Welance app, including text, graphics, links or other items - are provided "as is," "as available". OBONATO Technologies Private Limited does not warrant the accuracy, adequacy or completeness s of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
A failure by Welance to enforce strict compliance with these Terms & Conditions shall not be construed as a waiver by Welance of its rights to enforce strict compliance with these Terms & Conditions in the future
If any provision of these Terms & Conditions is held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of these Terms & Conditions.
IIf you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact us at firstname.lastname@example.org