:: Contents ::
Whurray Web World :
Whurray Bazaar :
Whurray Web World - Terms of Service
Whurray Web World (We or us as the case may be) provide diversified content and services to you, based on the following Terms of Service (TOS), that govern access and usage of our websites, content and services.
General Information :
The terms of Service constitute the entire agreement between
you and Whurray Web World, superseding any prior agreements, arrangements,
undertakings of any nature, between you and Whurray Web World, and extinguishing
any communication that may happen in future, whether oral or written in relation
to our websites, content, and services, with the exception that there could be
supplemental terms of service for Individual services, in addition to the
general terms of service described here.
Any failure by Whurray Web World to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. Further, if
any provision of the TOS is found to be invalid, the parties nevertheless agree
that the parties' intentions as reflected in the provision shall be given effect
to the fullest extent practicable, and the other provisions of the TOS remain in
full force and effect.
You may not assign or transfer any of your rights or
obligations, or subcontract the performance of any of your obligations, under
these TOS. Whurray Web World may assign or transfer any right or obligation, or
subcontract the performance of any of its obligations, under these TOS to any
third party at any time without your consent (such consent hereby being given).
These terms of service may change from time to time, without any prior
intimation to you. It is your sole responsibility to ensure that the Terms of
Service detailed here are not violated, by either contacting our web
administrator by e-mail or by visiting our Terms of Service web page
regularly. Further, if you do not agree with any part of this contract, or is
under the legal age to enter into legal contracts, or is restrained by law to
enter into legal contracts, you may not access or use our websites.
Access to our Web-Sites :
In order to access and use our websites, you may require, hardware, like computers or cell phones, and software, and networking capabilities. The provisioning and operation of these equipment, is your responsibility, and Whurray Web World is not responsible for any costs incurred, loss or damage to devices or equipment used for accessing and using the services.
Registration and Membership:
In order to access and use our websites, content, and services, it is mandatory, that you register with our website, by filling all the required or mandatory fields on the form, with correct and valid data, pertaining to you. A user account will be created on our web servers based on the information provided by you at the time of registration. You may unsubscribe from Whurray Web World and forgo access rights, to our web sites, content, and services. The registration data supplied by you, and other personal information collected while you were registered with us, may be held on our servers, during your registration with us, and may be held (archived), for legal or audit purposes, even after you have unsubscribed from our services. Whurray Web World reserves the right to terminate your user account at any time, if any of the data supplied during registration is found faulty, or incorrect. Further, you shall agree that the registration data provided describes yourself, and does not impersonate any person living or dead or any organization in any part of the world, or is of fictitious nature.
Whurray Web World - Privacy Policy
In addition to the registration information, Whurray Web World
may collect additional personal information about you like IP address, usage
history, and any other personal information divulged by you, implicitly or
explicitly. You shall expressively agree that the information collected by
Whurray Web World may be used -
i) by its affiliates, employees, agents, representatives and third party
organizations worldwide for the smooth functioning of the Websites.
ii) for the purpose administering user accounts
iii) for complying with legal processes, of any nation, or international laws in
force.
iv) by our agents, representatives for advertising products based on your
preferences.
In this regard, you shall also agree that Whurray Web World may place cookies on your computer/mobile-device, while you access our websites, content, and services. In addition, our partners, affiliates, subsidiaries, agents, and advertisers may also place cookies on your computer/mobile-device, for providing/rendering services.
Provisioning of Services :
Whurray Web World may render the services all by itself, or in cooperation with its partners, affiliates, subsidiaries, agents. Whurray Web World reserves the right to modify or discontinue any service or access to any content, including content posted by you, at any time, for any reason, without prior intimation or notice to you. Further, the said restrictions, may be broadly applied to all users, or may be selectively applied to you alone. You agree that Whurray Web World is not liable in any manner to you or any third party for any modifications to the services, content, or their profile, or for any discontinuations to the services or content.
Conduct of Members :
As a Registered user (member), of Whurray Web World you must comply with the following rules of conduct, while accessing or using our websites, content, and services.
You shall not indulge in activity that could breach the security of our websites, content, or services, or could make the content or services malfunction/unusable, or could limit the access of other users to our websites, content, or services.
You shall not disrupt the services, or servers, or networks, of our websites, or disobey any requirements, procedures, policies or regulations of networks provisioned for providing services.
You shall not use our websites, networks, servers, content, services to engage in or abet any criminal activity, in any country of the world, or violate any applicable local, state, national or international laws, including but not limited to regulatory authorities and commissions, like security and exchange authority, of any nation.
You shall not harm minors in any way.
You shall not reverse engineer our software code, or copy our content, in part or full.
You shall not publish or post material that is unlawful, invasive of anothers privacy, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, do not comply with any law, or is otherwise inappropriate.
You shall not impersonate another person, or use user accounts, that were not explicitly assigned to you by Whurray Web World, or forge identifying information in the content transmitted like headers, to disguise your identity or location.
You shall not gain access to our web site, content, or services via interfaces, which are not authorized by Whurray Web World. Specifically you are refrained from gaining access to our web site, content, or services, via non-human interfaces, or remote programming techniques or automated tools like robots, spiders, offline readers etc.
You shall maintain secrecy of your password, that grants you access to our website, content and services, and shall immediately inform the site administrator via e-mail or by post, if your password is accidentally revealed.
You shall not solicit or post advertisements or promotional material to the users of our website.
You shall not upload, post, email or otherwise transmit junk mail, spam, chain letters, pyramid schemes, or any other forms of solicitation to the users of our websites, or use our servers, network, website, services, to engage in such activities.
You shall not upload, post, email or otherwise transmit any material that contains any patent, trademarks, trade secret, copyright or other proprietary rights of any party.
You shall not upload, post, email, or transmit otherwise any material that contains software viruses, or any other kind of computer code, files or programs, designed to interrupt, destroy or limit functionality of any computer/mobile-device software, hardware, or telecommunications equipment.
"Stalk" or otherwise harass another person or company.
You shall not try to gain access to the information of our users, without their prior consent.
You shall not use Whurray Web World as a forwarding service to another website.
You shall acknowledge that Whurray Web World can remove any content posted by you, if we believe that the data posted violates the TOS or is otherwise inappropriate in our sole opinion, and that Whurray Web World is not liable for any loss, damage that may arise to you or any third party, by such removal.
You shall acknowledge that Whurray Web World does not control the content posted and as such, does not guarantee the accuracy of the content.
You shall acknowledge that while using our services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances, we or our affiliates, officers, agent, employees, suppliers, vendors, licensors, holding, parent, or subsidiary companies, be liable in any way for any content, any errors in content, or for any transformations in the content, whether it is due to our software, or due to a post, upload, or email, or due to paid or unpaid advertisements, or due to computer viruses, or for any other reason.
Information Loss :
You expressively agree, that Whurray Web World is not liable, if the data you uploaded, or your personal information collected by us, for administering and provisioning of services, is accidentally lost, or revealed or corrupted for any reason. Any information that you upload to our websites is at your own risk. Whurray Web World cannot guarantee the credentials of individuals and companies utilizing its services, and is not liable for any information loss due to phishing, spoofing or for any other reason, when you deal with individuals and/or companies utilizing our services, located by our services, or for their presence on our websites, either in content or via advertisements.
Service Alerts :
You shall agree that Whurray Web World could send Service Alerts, whether they are expressively solicited or unsolicited by you, to your computer system as e-mails or to your mobile devices as SMS messages, in the following cases -
i) as a part of the service,
ii) to ensure smooth functioning of our website,
iii) to advertise new products/features, by us or by our partners, affiliates,
subsidiaries, agents.
No Resale of Service :
You shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the content of our Website, or our services.
Dealings with Advertisers :
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Whurray Web World
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
Dealings with other Associates of our Websites :
Your correspondence or social/business dealings with, or
participation in social/business dealings with members/companies registered with
our websites, or people/companies referred to by content on our websites, or
located by services of our websites, is solely at your own risk. You agree that
Whurray Web World shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such members/companies, content referring to such persons/companies,
or services locating such persons/companies, on our Websites.
Interstate Communications :
You agree that portions of our websites or services may reside
across geographically distributed places, which could include foreign countries,
and this could result in interstate communications, or communications across
countries. Owing to our network topologies, business practices, and prevailing
situations, data communications that seem to be intrastate, may be routed
through interstates, or even across foreign countries. Accordingly, you agree
that use of our websites, services, could result in interstate communications,
or communications across countries, and that your history of usage and personal
information divulged by you, may be located temporarily or stored permanently,
on systems spanning across several states or countries.
Contributions :
You agree that contributions made by you in the form of
suggestions, improvements, or new ideas, whether solicited or unsolicited, shall
be considered as the intellectual property of Whurray Web World, and that you
shall make no demands, in the form of compensation, whatsoever, for such
contributions. Further, you shall acknowledge that Whurray Web World may already
have a process in development or under consideration, which reflects or
resembles your idea.
Indemnity : You agree to indemnify and hold Whurray Web World, and its
subsidiaries, affiliates, officers, agents, partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of content you submit, post to or transmit
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
Proprietary Rights :
You acknowledge and agree that Whurray Web World owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Whurray Web World acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist), except that it or its affiliates, subsidiaries may use, duplicate, reproduce, modify, adapt, publicly perform, publicly display, for the sake of provisioning the service. You agree that you are responsible for protecting and enforcing those rights and that Whurray Web World has no obligation to do so on your behalf.
Contributions or refinements, to services or format or layout of generic content of our web pages, in the way of comments and or suggestions are considered to be part of the intellectual property of Whurray Web World.
Content Rights :
By posting content on our websites, you expressively grant Whurray Web World, its subsidiaries, and affiliates, worldwide royalty free and non-exclusive license(s) as applicable to use, distribute, reproduce, modify, adapt, publicly perform, publicly display such content, in part or full, or to incorporate such content into other works in any format or medium now known or later developed., even after the content was removed from the Whurray Web World.
With respect to photos, and audio-video you submit, the license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display such content, is limited to the purpose for which such content was submitted or made available. Further, in this case, the license exists for as long as you elect to include the content on our Website.
You are prohibited from infringing, publishing, submitting,
copying, uploading, downloading, posting, transmitting, reproducing, or
distributing software, video or audio content, or any other material that is
protected by copyright, trademark, patent, trade secret, any other type of
intellectual property rights, trademark laws (by rights of privacy or publicity)
or other proprietary right of any party unless you own or control the rights
thereto or have received all necessary consent to do the same. This prohibition
includes the use of any material or information including images or photographs
that are made available through the Site or Service(s). Whurray Web World
assumes no responsibility, and you assume all risks, regarding the determination
of whether material is in the public domain, or may otherwise be used by you for
such purposes.
HyperLinks : The Whurray Web World content or services, or affiliates,
associates, subsidiaries of Whurray Web World or third parties may provide,
links to other sites and resources on our Website content. You acknowledge and
agree that Whurray Web World is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
Whurray Web World shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such hyperlinked site or resource.
Disclaimer of Warranties :
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHURRAY WEB WORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHURRAY WEB WORLD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/MOBILE-DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WHURRAY WEB WORLD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFIYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. WHURRAY WEB WORLD DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, WHURRAY WEB WORLD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
Limitation of Liability :
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHURRAY WEB WORLD
SHALL NOT 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 (EVEN IF WHURRAY WEB WORLD HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations :
NOTHING IN THESE TERMS, EXCLUDE OR LIMIT WHURRAY WEB WORLDS WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. FOR ANY DISPUTES, THAT MAY ARISE IN FUTURE, DUE TO THE ABOVE EXCLUSIONS BY LAW, THE JURISDICTION FOR SUCH DISPUTE RESOLUTION SHALL BE :
District Court,
Visakhapatnam,
Andhra Pradesh,
India.
Patents, CopyRights & TradeMarks :
Whurray Web World respects the intellectual property rights of
others. If you believe that your work has been copied and has been posted,
stored or transmitted to the Site in a way that constitutes copyright
infringement, please submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") by providing Whurray Web World Copyright Agent the
following written information: (a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; (b) a
description of the copyrighted work that you claim has been infringed upon; (c)
a specific description of where the material that you claim is infringing is
located on the Site; (d) your address, telephone number, and e-mail address; (e)
a statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; (f) a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Whurray Web World Copyright Agent for notice of claims of copyright infringement
on our web-sites may be reached as follows:
In-charge of Intellectual Property Rights,
Whurray Web World,
Ray Info Solutions Pvt., Ltd.
9 &
10, SriPada Diamond Towers,
Opp. Diamond Park, Dwarakanagar,
Visakhapatnam 530016,
Andhra Pradesh, India.
e-mail : admin@whurray.com
fax : +91-0891-6635953.
Notices : Notices to you may be made via either e-mail or regular mail. Whurray Web World may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Third Party Beneficiaries :
There shall be no third party beneficiaries, to this agreement.
Termination :
You agree that Whurray Web World may in its sole discretion, terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Whurray Web World believes that you have violated or otherwise not complied with any provision of, the TOS. Whurray Web World may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Whurray Web World may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Whurray Web World shall not be liable to you or any third-party in any way for any termination of your access to the Website, content and services.
Whurray Bazaar - Terms and Conditions
Terms and Conditions
The following describes the terms on which Whurraybazaar offers you access to
our services.
Introduction
Welcome to Whurraybazaar. By using Whurraybazaar, you agree to the following
terms with Whurraybazaar. This Agreement is effective on Jan22nd, 2010, for
current users, and upon acceptance for new users.
Scope
Before you may become a member of Whurraybazaar, you must read and accept all of
the terms in, and linked to, this User Agreement and the Privacy Policy. We
strongly recommend that, as you read this User Agreement, you also access and
read the linked information. By accepting this User Agreement, you agree that
the User Agreement and Privacy Policy will apply whenever you use Whurraybazaar
sites or services, or when you use the tools we make available to interact with
Whurraybazaar sites and services.
Usage
While using Whurraybazaar Site, services and tools, you will not:
1.
post content or items in an inappropriate category or areas on our sites and
services;
2.
violate any laws, third party rights or our policies, such as the Prohibited and
Restricted Items policies
3.
use our sites services or tools if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or indefinitely suspended
from using our sites, services or tools;
4.
fail to deliver payment for items purchased by you, unless the seller has
materially changed the item's description after you bid, a clear typographical
error is made, or you cannot authenticate the seller's identity;
5.
fail to deliver items purchased from you, unless the buyer fails to meet the
posted terms, or you cannot authenticate the buyer's identity;
6.
manipulate the price of any item or interfere with other users' listings;
7.
circumvent or manipulate our fee structure, the billing process, or fees owed to
Whurraybazaar;
8.
post false, inaccurate, misleading, defamatory, or libelous content (including
personal information);
9.
take any action that may undermine the feedback or ratings systems (such as
displaying, importing or exporting feedback information off of the sites or
using it for purposes unrelated to Whurraybazaar);
10.
transfer your Whurraybazaar account (including feedback) and User ID to another
party without our consent;
11.
distribute or post spam, unsolicited or bulk electronic communications, chain
letters, or pyramid schemes;
12.
distribute viruses or any other technologies that may harm Whurraybazaar, or the
interests or property of Whurraybazaar users;
13.
export or re-export any Whurraybazaar tools except in compliance with the export
control laws of any relevant jurisdictions;
14.
copy, modify or distribute rights or content from the Whurraybazaar
sites, service or tools or our copyrights and trademarks; or
15.
Harvest or otherwise collect information about users, including email addresses,
without their consent.
16.Abuse
Whurraybazaar and the Community work together to keep our sites and services
working properly and the Community safe. Please report problems, offensive
content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service
and user accounts, prohibit access to our sites and its content, services and
tools, delay or remove hosted content, and take technical and legal steps to
keep users off the sites if we think that they are creating problems, possible
legal liabilities, or acting inconsistently with the letter or spirit of our
policies. We also reserve the right to cancel unconfirmed accounts or accounts
that have been inactive for a long time, or to modify or discontinue
Whurraybazaar sites, services or tools.
17. Purchase Protection
Buyers and sellers share the responsibility of making sure purchases facilitated
by Whurraybazaar are exciting, rewarding and hassle-free. We strongly encourage
buyers to work with sellers before opening a claim relating to a purchase. When
a buyer doesn't receive an item or the item doesn't match what was described,
and the seller doesn't provide adequate resolution to the buyer, Whurraybazaar
will reimburse the buyer subject to the conditions, exclusions and coverage
limitations of the Whurraybazaar Purchase Protection policy. Whurraybazaar will
reimburse the buyer up to the full purchase price plus shipping and other
specific transaction costs paid by the buyer to the seller, as described in the
Whurraybazaar Purchase Protection policy.
18.Buyer Obligations:
1.
Buyers agree to file claims in accordance with the conditions, exclusions and
coverage limitations as further explained in the Whurraybazaar
Purchase Protection policy.
2.
For covered claims that meet the conditions and are not excluded, Whurraybazaar
will reimburse eligible buyers by Payment Gateway(Credit and debit cards),
PayPal or by coupon redeemable on Whurraybazaar, in Whurraybazaar’s discretion,
based upon a number of factors, such as whether the buyer has a PayPal account,
the type of payment made to the seller and the payment amount.
3.
Buyers who Whurraybazaar believes are not acting in good faith, abusing the
program or a seller, attempting to commit or committing fraud, or trying to
unjustly benefit from the program may become ineligible for Whurraybazaar
Purchase Protection. Buyers who become ineligible will be notified by
Whurraybazaar prior to ineligibility. Whurraybazaar reserves the right to
temporarily, indefinitely or permanently suspend the Whurraybazaar Purchase
Protection program immediately if we suspect abuse, excessive claims, tampering,
or interference with the proper working of the program.
4.
Whurraybazaar Purchase Protection doesn’t cover certain types and categories of
goods or services, false, abusive or illegitimate claims, or transactions where
you have been or may be compensated from another third party. Please read the
Whurraybazaar Purchase Protection policy for more details.
Seller Obligations:
1.
Sellers agree to follow the program requirements as explained in the
Whurraybazaar Purchase Protection policy.
2.
All sellers with an open claim must work in good faith to resolve the claim,
refund money and/or provide a replacement item, and accept a return of the item
as explained by the Whurraybazaar Purchase Protection Policy.
3.
If a seller doesn't resolve a claim, the seller agrees to pay Whurraybazaar the
amount paid by Whurraybazaar to the buyer in accordance with the Whurraybazaar
Purchase Protection policy. Whurraybazaar will invoice the seller for these
amounts and seller agrees to pay Whurraybazaar in accordance with the invoice
terms.
Obligations when a buyer opens a claim alleging an item is counterfeit:
1.
Sellers shall work with the buyer in good faith during the resolution process to
provide buyer with appropriate documentation or other assurances to satisfy the
buyer that the item is not counterfeit, if such information is available.
2.
If buyer and seller cannot agree that the item is not counterfeit, for covered
claims that meet the conditions and are not excluded, buyers are required to
send the item back to the seller. Cost of return shipping will be paid by the
buyer or Whurraybazaar in our sole discretion, unless otherwise agreed upon by
the buyer and seller.
3.
Covered claims that meet the conditions and are not excluded will count as a
violation by the seller of our prohibited and infringing items policy.
4.
Sellers shall not list, advertise, or cause that item to appear for sale, barter
or trade, on any Whurraybazaar Inc. (including our subsidiaries, joint ventures,
and other members of the group) web site or service located around the world.
5.
While buyers are not obligated to provide third party confirmation that an item
is counterfeit in order to open a claim, in cases where there is written
confirmation from the manufacturer that the item is counterfeit, or in
additional circumstances where Whurraybazaar elects to exercise its discretion,
Whurraybazaar may request the destruction of the item by an authorized third
party and at Whurraybazaar’s expense.
Fees and Services
Joining Whurraybazaar and bidding on listed items is free. We do charge fees for
using other services, such as listing items. When you list an item or use a
service that has a fee, you have an opportunity to review and accept the fees
that you will be charged based on our
Fees schedule,
which we may change from time to time. Changes to that schedule are effective
after we provide you with at least fourteen days' notice by posting the changes
on the Whurraybazaar site. We may choose to temporarily change the fees for our
services for promotional events (for example, free listing days) or new
services, and such changes are effective when we post the temporary promotional
event or new service on the sites.
Unless otherwise stated, all fees are quoted in Indian Rupees. You are
responsible for paying all fees and applicable taxes associated with our sites
and services in a timely manner with a valid payment method. If your payment
method fails or your account is past due, we may collect fees owed using other
collection mechanisms. (This includes charging other payment methods on file
with us, retaining collection agencies and legal counsel, and for accounts over
180 days past due, deducting the amount owed from your PayPal account balance.)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable (through multiple tiers) right to
exercise the copyright, trademark, publicity, and database rights (but no other
rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images,
descriptions and product specifications, which are provided by third parties.
While we try to offer reliable data, we cannot promise that the catalogs will
always be accurate and up-to-date. If you choose to include catalog content in
your listings, you are responsible for ensuring that your listings are accurate
and do not include misleading information. You agree that you will not hold our
catalog providers or us responsible for inaccuracies in catalogs. The catalogs
may include copyrighted, trademarked or other proprietary materials. You may use
the catalogs only for informational purposes and only in connection with your
Whurraybazaar listings. You may not use catalog content in a way that infringes
or violates anyone’s proprietary rights.
Limitation of Liability
You will not hold Whurraybazaar responsible for other users' content, actions or
inactions, items they list or their destruction of allegedly fake items. You
acknowledge that we are not a traditional auctioneer. Instead, the sites are a
venue to allow anyone to offer, sell, and buy just about anything, at anytime,
from anywhere, in a variety of pricing formats and locations, such as stores,
fixed price formats and auction-style formats. We are not involved in the actual
transaction between buyers and sellers. While we may help facilitate the
resolution of disputes through various programs, we have no control over and do
not guarantee the quality, safety or legality of items advertised, the truth or
accuracy of users’ content or listings, the ability of sellers to sell items,
the ability of buyers to pay for items, or that a buyer or seller will actually
complete a transaction or return an item. For certain categories, particularly
motors and real estate, a bid or offer initiates a non-binding transaction
representing a buyer’s serious expression of interest in buying the seller’s
item.
We do not transfer legal ownership of items from the seller to the buyer, and
nothing in this agreement shall modify the governing provisions of Uniform
Commercial Code § 2-401(2), unless the buyer and the seller agree otherwise.
Further, we cannot guarantee continuous or secure access to our sites, services
or tools, and operation of our sites, services or tools may be interfered with
by numerous factors outside of our control. Accordingly, to the extent legally
permitted, we exclude all implied warranties, terms and conditions. We are not
liable for any loss of money, goodwill or reputation, or any special, indirect
or consequential damages arising, directly or indirectly, out of your use of or
your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our
liability to you or to any third party is limited to the greater of (a) the
total fees you paid to us in the 12 months prior to the action giving rise to
the liability, and (b) Rs. 500/-.
Release
If you have a dispute with one or more users, you release us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites
is updated on a real-time basis and is proprietary or is licensed to
Whurraybazaar by our users or third parties. You agree that you will not use any
robot, spider, scraper or other automated means to access the sites for any
purpose without our express hand written permission.
Additionally, you agree that you will not:
1.
take any action that imposes or may impose (in our sole discretion) an
unreasonable or disproportionately large load on our infrastructure;
2.
copy, reproduce, modify, create derivative works from, distribute, or publicly
display any content (except for your information) from the sites without the
prior express written permission of Whurraybazaar and the appropriate third
party, as applicable;
3.
interfere or attempt to interfere with the proper working of the sites, services
or tools, or any activities conducted on or with the sites, services or tools;
or
4.
bypass our robot exclusion headers or other measures we may use to prevent or
restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We use your information only
as described in the
Whurraybazaar Privacy Policy.
We view protection of users' privacy as a very important community principle. We
store and process your information on computers located in the United States
that are protected by physical as well as technological security devices. You
can access and modify the information you provide us and choose not to receive
certain communications by signing-in to your account. We use third parties to
verify and certify our privacy principles. For a complete description of how we
use and protect your personal information, see the
Whurraybazaar Privacy Policy.
If you object to your information being transferred or used in this way please
do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
Dispute Resolution
If a dispute arises between you and Whurraybazaar, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and Whurraybazaar agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services
(a "Claim") in accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution by going to the
About Customer Support
help page.
Prohibited and restricted items
Before listing your item, make sure it's allowed on Whurraybazaar and find out
if it's subject to certain restrictions. This helps avoid potential issues with
your listing. Check out our list of policies below and click the product
category to get more details. As an Whurraybazaar seller, you also need to make
sure that the sale of your item complies with the law.
Violations of these policies may result in a range of actions, including:
1.
Listing cancellation
2.
Limits on account privileges
3.
Account suspension
4.
Forfeit of Whurraybazaar fees on cancelled listings
5.
Loss of Power Seller status.
When a policy violation occurs, we email the seller and the bidders to let them
know that the listing was removed from the site. You can report violations by
clicking the Report item link in the listing, or by clicking the Report or
Contact Us link located on most of our help pages.
Understanding the rules about prohibited and restricted items
1.
Policies about listing items are often based on country and state laws. However,
many restrictions may involve the sale of dangerous or sensitive items and are
not necessarily prohibited by law. These limitations are often based on input
from people who use Whurraybazaar. For example, see our offensive material
policy.
2.
When selling internationally, be sure to review our guidelines on international
trading and import restrictions. Keep in mind that although certain items may be
legal to sell in your country, they might be illegal elsewhere.
3.
Just because a particular type of item is listed below, it doesn't mean it's
completely prohibited. In the medical devices policy, for example, while many
items are prohibited (such as contact lenses), others are allowed under certain
conditions (including certain types of medical instruments). It's important that
you read and understand our policies before listing items. And remember to check
out the some examples and Additional information sections on the policy web
page. Note: Examples are designed to help explain the policy – they're not an
exhaustive list of what you can and can't sell on Whurraybazaar.
4.
It is also important to review the rules for listings and the rules about
intellectual property to check if your item has additional restrictions that
would affect your listing.
Prohibited and restricted items list:
Adult Only category,alcohol (see also wine),animals and wildlife products –
examples include live animals, mounted specimens, and ivory,art,
artifacts – examples include Native American crafts, cave formations, and
grave-related items,catalytic converters and test pipes,cell phone (wireless)
service contracts,charity or fundraising listings,clothing, used
coins,contracts,cosmetics, used counterfeit currency and stamps,credit
cards,drugs and drug paraphernalia,drugs, describing drugs or drug-like
substances,electronics equipment – examples include cable TV de-scramblers,
radar scanners, and traffic signal control devices,electronic surveillance
equipment – examples include wiretapping devices and telephone bugging
devices,embargoed goods and prohibited countries – examples include items from
Cuba,event tickets,firearms, weapons, and knives – examples include pepper
spray, replicas, and stun guns (see also military items),food and healthcare
items,gift cards,government and transit documents,government and transit
uniforms,government IDs and licenses,hazardous, restricted, and perishable items
– examples include batteries, fireworks, and Freon,human parts and
remains,importation of goods into the United States – examples include CDs that
were intended only for distribution in a certain country,international
trading,items encouraging illegal activity – examples include an eBook
describing how to create methamphetamine ,lock picking devices,lottery
tickets,mailing lists and personal information,manufacturers' coupons,medical
devices – examples include contact lenses, pacemakers, and surgical
instruments,military items (see also firearms, weapons, and knives),multi-level
marketing, pyramid, and matrix programs,offensive material – examples include
ethnically or racially offensive material and Nazi memorabilia
,pesticides,plants (see weeds and seeds),police-related items,political
memorabilia (reproduction),postage meters,prescription drugs,prohibited
services,real estate,recalled items,slot machines,stamps,stocks and other
securities,stolen property and property with removed serial numbers,surveillance
equipment,teacher's edition textbooks,tobacco,transit and shipping-related items
– examples include blueprints of transit facilities, airplane operations
manuals, and flight attendants' uniforms,travel,weeds and seeds and any thing
that is not meant for women.
Listing Policy
To promote a safe, fair, and enjoyable trading experience, Whurraybazaar has
established a set of rules and policies for item listings. These restrictions
involve how certain items are described, and practices that would provide an
unfair advantage or result in a negative buyer experience.
Learning about Whurraybazaar's listing policies before you list an item will
help you to avoid unintentionally breaking rules.
Violations of these policies may result in a range of actions, including:
1.
Listing cancellation
2.
Limits on account privileges
3.
Account suspension
4.
Forfeit of Whurraybazaar fees on cancelled listings
5.
Loss of Power Seller status.
When policy violations occur, Whurraybazaar sends an email to the seller, as
well as bidders, to let them know that a listing has been ended.
In addition to the rules for listings, you should also review the rules for
Prohibited and Restricted Items and the Rules about Intellectual Property to
check if your type of item is allowed or has additional restrictions that would
affect your listing.
The following are the rules for listing with links to the specific policy pages
that have examples, any exceptions, and a link that you can use to report a
violation of that policy.
Listings must not misrepresent items.
Sellers need to make sure that their listings accurately represent the item
being sold. When sellers use unfair methods to divert buyers to their listing,
it's called search and browse manipulation.
Except as noted in the specific policy as exceptions, sellers cannot:
1.
List items in inappropriate categories.
2.
Misrepresent the item location from which their item will be shipped.
3.
Include brand names or other inappropriate keywords in a title or description.
4.
Have misleading titles that do not accurately describe the item for sale.
5.
List items with product details from our catalog, but then describe a different
item in the description.
Listings cannot use techniques to avoid or circumvent Whurraybazaar fees.
Except as noted in the specific policy as exceptions, sellers cannot:
1.
Offer a catalog from which buyers may directly order.
2.
Allow buyers a choice of significantly different items
3.
List a single item but offer additional identical items for sale in the
description.
4.
Include separate payment surcharges that buyers pay to use ordinary forms of
payment.
5.
Misuse the reserve price option.
6.
Charge excessive shipping.
7.
Offer the opportunity through Whurraybazaar to purchase the item or other
merchandise outside of Whurraybazaar.
8.
Use their About Me page to promote outside-of-Whurraybazaar sales or prohibited
items.
Listings must promote a fair and level playing field, and provide an enjoyable
and safe experience for buyers.
Except as noted in the specific policy as exceptions, sellers cannot:
1.
Solicit buyers to mail cash or use other payment methods not specifically
permitted by Whurraybazaar as accepted payment methods.
2.
Communicate to buyers that they accept, or will not accept, specific forms of
PayPal payment.
3.
Include links that do not conform to Whurraybazaar's Links policy. Specific
types of links that are limited include links to further descriptions, email
address, photos, your About Me page, listing terms and conditions and
Whurraybazaar Stores.
4.
Use certain types of HTML and JavaScript in item listings, Stores pages, About
Me pages, or Want It Now ads.
5.
Promote giveaways, random drawings, raffles, prizes, or bonuses.
6.
Create a listing that does not offer an item or service.
7.
Advertise a desire to buy or trade items, except as allowed in non-binding bid
categories and in Want It Now.
8.
Include third-party endorsements of Whurraybazaar members.
9.
Include third party credits beyond what is acceptable.
10.
Create test listings except in the Everything Else > Test Auctions category.
11.
Use profanity in a listing, except as allowed in the Adult Only category and in
media titles.
General
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. In our
sole discretion, we may assign this Agreement in accordance with the Notices
Section. Headings are for reference purposes only and do not limit the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. We do not guarantee we will take action against all breaches of this
Agreement.
We may amend this Agreement at any time by posting the amended terms on this
site. Except as stated elsewhere, all amended terms shall automatically be
immediate effective after they are initially posted. Additionally, we will
notify you through the Whurraybazaar Message Center. This Agreement may not be
otherwise amended except in a writing hand signed by you and us. For purposes of
this provision, a “writing” does not include an email message and a signature
does not include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof. The following Sections survive any
termination of this Agreement: Fees and Services (with respect to fees owed for
our services), Release, Content, Liability, Indemnity and Resolution of
Disputes.
All Legal disputes are subject to Visakhapatnam Jurisdiction only.
Whurray Bazaar - Privacy Policy
Whurraybazar Privacy Policy Last Updated: Jan22nd, 2010
Whurraybazar knows that how you care about your personal information used and
shared. This policy tells you about how Whurraybazar use and protect your
personal information. By visiting
Whurraybazar, you are accepting the practices described in this Privacy Notice.
Scope
This Privacy Policy describes how we handle your personal information for our
services on the Whurraybazar website. It applies generally to the Whurraybazar
website and content and other related websites where this policy appears in the
footer of the page.
By accepting the Privacy Policy and the User Agreement in registration, you
expressly consent to our collection, storage, use and disclosure of your
personal information as described in this Privacy Policy. This Privacy Policy is
effective upon acceptance for new users and is otherwise effective on June 1,
2009.
Collection
You can browse our site without telling us who you are or revealing any personal
information about yourself. Once you give us your personal information, you are
not anonymous to us. If you choose to provide us with personal information, you
consent to the transfer and storage of that information on our servers located
in the United States.
We may collect and store the following personal information:
Marketing
We don't sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We may combine your
information with information we collect from other companies and use it to
improve and personalize our services, content and advertising. If you don't wish
to receive marketing communications from us or participate in our
ad-customization programs, simply indicate your preference in My Preferences or
by following the directions provided with the communication or advertisement.
Usage
Our main purpose in collecting personal information is to provide you with a
safe, smooth, efficient, and customized experience. You agree that we may use
your personal information to:
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce
our policies, respond to claims that a listing or other content violates the
rights of others, or protect anyone's rights, property, or safety. Such
information will be disclosed in accordance with applicable laws and
regulations. We may also share your personal information with:
Without limiting the above, in an effort to respect your privacy and our ability
to keep the community free from bad actors, we will not otherwise disclose your
personal information to law enforcement, other government officials, or other
third parties without a subpoena, court order or substantially similar legal
procedure, except when we believe in good faith that the disclosure of
information is necessary to prevent imminent physical harm or financial loss or
to report suspected illegal activity.
Information You Share on our site
Your User ID is displayed throughout Whurraybazar (and so available to the
public), and is connected to all of your account activity. Other people can see
your bids, purchases, items for sale, storefronts, feedback, ratings and
associated comments. Notices sent to other community members about suspicious
activity and policy violations on our sites refer to User IDs and specific
items. So if you associate your name with your User ID, the people to whom you
have revealed your name will be able to personally identify your account
activities.
If you access our site(s) from a shared computer or a computer in an internet
café, certain information about you, such as your User ID, activity or reminders
from us, may also be visible to other individuals who use the computer after
you.
Using Information from Whurraybazar
Whurraybazar enables you to share your personal and financial information to
complete transactions. We encourage you to disclose your privacy practices and
respect the privacy of other users. We cannot guarantee the privacy or security
of your information and therefore we encourage you to evaluate the privacy and
security policies of your trading partner before entering into a transaction and
choosing to share your information. To help protect your privacy, we allow only
limited access to other users' contact, shipping and financial information to
facilitate your transactions. When users are involved in a transaction, they
may have access
to each other's name, User ID, email address and other contact and shipping
information. In all cases, you must give other users a chance to remove
themselves from your database and a chance to review what information you have
collected about them.
You agree to use user information only for:
Cookies
We use "cookies" (small computerized files placed on your desktop) on certain of
our pages to help analyze our web page flow; customize our services, content and
advertising; measure promotional effectiveness, and promote trust and safety.
A few important things you should know about cookies are that:
No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your Whurraybazar
notification preferences so we communicate to you as you prefer. You are not
licensed to add other Whurraybazar users, even a user who has purchased an item
from you, to your mailing list (email or physical mail) without their express
consent. To report Whurraybazar-related spam or spoof emails to Whurraybazar,
please forward the email to
admin@Whurraybazar.
You may not use our communication tools to send spam or otherwise send content
that would violate our User Agreement. We automatically scan and may manually
filter messages to check for spam, viruses, phishing attacks and other malicious
activity or illegal or prohibited content, but we do not permanently store
messages sent through these tools. If you send an email to an email address that
is not registered in our community (via Refer-a-Friend or other tools), we do
not permanently store that email or use that email address for any marketing
purpose. We do not rent or sell these email addresses.
Account Protection
Your password is the key to your account. Use unique numbers, letters and
special characters, and do not disclose your password to anyone. If you do share
your password or your personal information with others, remember that you are
responsible for all actions taken in the name of your account. If you lose
control of your password, you may lose substantial control over your personal
information and may be subject to legally binding actions taken on your behalf.
Therefore, if your password has been compromised for any reason, you should
immediately notify Whurraybazar and change your password.
Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on
to Whurraybazar. Generally, we will not manually modify your personal
information because it is very difficult to verify your identity remotely. You
must promptly update your personal information if it changes or is inaccurate.
Once you make a public posting, you may not be able to change or remove it. Upon
your request, we will close your account and remove your personal information
from view as soon as reasonably possible, based on your account activity and in
accordance with applicable law. We do retain personal information from closed
accounts to comply with law, prevent fraud, collect any fees owed, resolve
disputes, troubleshoot problems, assist with any investigations, enforce our
Terms and Conditions, and take other actions otherwise permitted by law.
Security
Your information is stored on our servers located in the United States. We treat
data as an asset that must be protected and use lots of tools (encryption,
passwords, physical security, etc.) to protect your personal information against
unauthorized access and disclosure. However, as you probably know, third parties
may unlawfully intercept or access transmissions or private communications, and
other users may abuse or misuse your personal information that they collect from
the site. Therefore, although we work very hard to protect your privacy, we do
not promise, and you should not expect, that your personal information or
private communications will always remain private.
Third Parties
Except as otherwise expressly included in this Privacy Policy, this document
addresses only the use and disclosure of information we collect from you. If you
disclose your information to others, whether they are bidders, buyers or sellers
on our sites or other sites throughout the internet, different rules may apply
to their use or disclosure of the information you disclose to them. Whurraybazar
does not control the privacy policies of third parties, and you are subject to
the privacy policies of those third parties where applicable. We encourage you
to ask questions before you disclose your personal information to others
Children
Whurraybazar does not sell products for purchase by children. We sell children's
products for purchase by adults. If you are under 18, you may use Whurraybazar
only with the involvement of a parent or guardian.
General
We may amend or modify this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take immediate effect after they are initially posted on the site. In addition, we will notify you through the Message Center. If your questions are not answered online, you may write to us using the Contact Us details below
Whurray Web World,
Ray Info Solutions Pvt., Ltd.
9 &
10, SriPada Diamond Towers,
Opp. Diamond Park, Dwarakanagar,
Visakhapatnam 530016,
Andhra Pradesh, India.
e-mail : admin@whurray.com
fax : +91-0891-6635953.
Copyright © Whurray Web World - 2009 - http://www.whurray.com