In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.wrappd.in ("Website") is owned and operated by Veranta Labs Private Limited a Private Limited Company registered under the provisions of the Companies Act, and having its registered office at102 The Paragon, Sitaram Jadhav Marg, Dhanraj Mills Compound, Lower Parel (West), Mumbai 400013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
The term ‘You’ ‘Your’ & ‘User’ ‘Customer’ shall mean any legal person or entity accessing or using the services of the website, who is competent to enter into binding contracts, as per the provisions of the Contract Act of 1862.
The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website and/or the Company, as the context so requires.
The term ‘Products’ shall mean those items listed on the website by different sellers.
The terms ‘Sellers’, ‘Affiliates’ and ‘Vendors’shall mean and refer to those sellers whose products are short listed on our website from various other partnering websites.
The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service (which shall mean and include merely entering the Website or, providing a price for the Product along with using other facilities and services)that is provided by the Website and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Contract Act of 1862. The User may not use this Website if he/she is not competent to contract under the Contract Act of 1862, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
The User continues to access and use the Website; or
The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 17, 20 & 22 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 hereinabove.
Website is an online-platform for creation of Gift Registries for every occasion. The website also provides a platform for curated shopping and gifting. The Company is affiliated / partnered with most of the e-tailing websites in India directly or through affiliate aggregators and short lists products from their website. The products are purchased by users directly from the e-tailing websiteswhich are entirely responsible for the payment, taxes, delivery and entire fulfilment process.
To fully avail the services of the Website and use of it, registration is required. You are required to register and create an account for Yourself before a transaction,by providing the following information which inter alia includes Name, Address, User Name, Password, Email ID, Mobile Number, excusers who register with the website can purchase the listed Products from various sellers on the Website.
The Website offers the Users an option of signing up through other third party social networking sites, including but not limited to Gmail and Facebook. Upon such signup, Our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system. Users who register with the website can purchase the listed Products from various sellers on the Website.
Registration for this website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Website/ Companyreserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
Company/ Website reserves the right to refuse access to use the Services offered by the Website to new users or to terminate access to existing users at any time without any reasons for doing so. The User shall not have more than one active account on the Website. You are prohibited from selling, trading or otherwise transferring Your account to another party.
You are solely responsible for all activities on the account and maintaining confidentiality of the details of your account. Company/ Website will not be responsible for any activity arising due to mishandling of Your account either by you or by any other person. You will notify us for any unauthorised access on Your account. You will not look up or try to modify any account that is not owned by You.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialled and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect firstname.lastname@example.org with the subject unsubscribe. The User agrees and acknowledges that it may take up to a few business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, including browsing the Website is free of cost. Company/ Website does not fix the prices for the goods. The price quoted by the seller for the Products may or may not be inclusive of all taxes and delivery charges.The Company at its sole discretion can determine the duration of the offers and the Products on discount.
We advise User to take appropriate safety measures. We advise the Customer to:
Verify the Seller’s credentials.
Test the functioning of the item before purchase.
To notify the Police immediately if you have been a victim of fraud.
Please contact us at email@example.com, if you suspect someone to be acting fraudulently on the Website.
Company/Website shall not be liable for any mishap such as theft, mishap, accident, fraud etc. on purchase from the Sellers.
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
agrees and acknowledges that the Company/website is not the seller of the Products and the Company shall in no manner be deemed to be the seller of the Products on this Website. Company/website is only facilitating purchase of the Products by You from the Vendor by providing the Services to You. The Company / website shall in no manner responsible for any payment, delivery, refund, warranty or any other process connected with the buying, return or warranty process.
agrees that Company/website may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
agrees to use the Website and the Products provided therein only for purposes that are permitted by:
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
Agrees not to access (or attempt to access) the Website/Applicationand/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 14 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to participate in selling their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive, may be removed from the Website immediately and without notice, and further that the User’s access to the Websitemay also be permanently revoked, at the sole discretion of the Company.
Further undertakes not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the laws of India.
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application;
Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked Websites;
Collect or store data about other users of the Website.
Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular Product offered on the Website;
Violate any applicable laws, rules or regulations currently in force within or outsideIndia;
Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Threaten the unity, integrity, defence, security or sovereignty ofIndia, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
Engage in advertising to, or solicitation of, other users of the Website tobid for or sell any Products not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet based platform infringing the reputation of the Company or its Products. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
The User expressly understands and agrees the following.
The User can generally use and browse through the Website, but in order to avail the services of the Website and perform transactions, You need to be a Registered User. If registration is required, You agree to provide us with accurate and complete registration information.
It is the sole responsibility of the user to inform Company of any changes to that information.
Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
You are responsible for maintaining the confidentiality of your account credentials.
You shall be responsible for all uses of your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
When a user registers on the Website, You will be asked to provide us with certain information including, without limitation, Your name, username, contact number, date of birth, gender, and a valid email address.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
The User agrees and understands that the Company shall not be responsible/liable for any price quoted by the Seller for a Product. Any price quoted for a Product is done by the Seller of the Product at his/her sole discretion. We shall have no role or influence in this aspect. Any acceptance of the Product price offered by the Seller is done purely by You at your sole discretion and shall not hold either Us or the Seller responsible.
COMMUNICATION WITH USER
When the user or consumer decides to contact the Company, they can do so through Phone or email and give consent so that the Company can contact the consumer. The Company shall send notifications to consumers through email or SMS notification feature to inform about current promotional offers and discounts. User/Consumer shall contact the Company for any Product related queries through Phone or email.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
If the User is in breach of any of these Terms or the Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the Product sold are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned Products are listed for sale to the Users of the Website, and neither the Company nor the Websiteowns any of the intellectual property relating to the Products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated on the Website, all Products offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
All commercial/contractual terms are offered by and agreed between User and Seller alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and after sales services related to Products.
The Company merely facilitates the meeting of Sellers and Users. The Company isnot responsible or liable for any price quoted by the Seller.All negotiation for the desired Product is done only between Customer and Seller.
The Company/Websiteis not responsible for any non-performance or breach of any contract entered into between Users and Sellers. The Company/Website shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers.
The Company/Websitedoes not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. The Company/Websitedoes not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website.
The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before negotiating with the seller and purchasing any Product at the price quoted for it by the sellers on the Website, or accessing/using any information displayed thereon.
The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself, Sellers or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website.
The Company/Website does not guarantee that the Products contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
The Company/Website does not undertake repairs or warranties. This will be provided by the manufacturer/Seller, as mentioned in the manual or by the Seller.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Mumbai.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India , and that the Courts at Mumbaishall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD / SPAD).
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/section of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/sections of these Terms shall in no way be affected or impaired thereby, and each such provision/section of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.