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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use WatsUniq, including any subdomains, webpages or extension of WatsUniq.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of WatsUniq and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of WatsUniq by accessing or browsing the Website and/or has registered as a member of WatsUniq by submitting identification information/ registration details using the computer system of WatsUniq and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment: WatsUniq (Henceforth referred to as “Company”) reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by WatsUniq Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) WatsUniq authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within  days of booking the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on WatsUniq.
In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on WatsUniq.
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of WatsUniq at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, WatsUniq authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on WatsUniq.]
Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on WatsUniq.
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
WatsUniq authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on WatsUniq directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, WatsUniq authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on WatsUniq.]
All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of WatsUniq that you may transact with.
You will treat WatsUniq as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of WatsUniq who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, 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;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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;
- may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
- link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than WatsUniq. You shall not promote any website or webpage or link on WatsUniq.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to WatsUniq without any notice and any such violating information that is displayed or submitted on WatsUniq can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect WatsUniq to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on WatsUniq. You will also refrain from accessing information or databases in an unauthorized manner from WatsUniq or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to WatsUniq and also for taking appropriate legal action.
In case of any transaction or attempted transaction pertaining to any item listed on WatsUniq which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at [email protected].
If you choose to provide feedback on WatsUniq which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
You shall not attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with WatsUniq, WatsUniq authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of WatsUniq or that the operation of WatsUniq or the Logistics Partner or WatsUniq authorised payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or WatsUniq authorised payment gateway facility.
- Any delay, failure, interruption or errors in the operation of WatsUniq or the Logistics Partner or WatsUniq authorised payment gateway facility.
The Company views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to WatsUniq or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
- Any misuse of the WatsUniq authorised payment gateway facility
- The Company is unable to verify or authenticate any information provided by you;
- The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with WatsUniq or use WatsUniq in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, WatsUniq authorised payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use WatsUniq, you should promptly raise such grievance or complaint with the designated Grievance Officer at [email protected] and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on WatsUniq as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.