The User is hereby requested to read these Terms and conditions as these terms form a part of the agreement/contract which will be binding upon us i.e. the service provider and you i.e. the User. This is an Agreement and/or Contract for the defining the scope of the services, liability, responsibility, obligation and the usage of application namely 'WEDUPP' and further website namely www.wedupp.com between: APP WORKS, a company registered under the provisions of Companies Act, 1956 and hereinafter referred to as, 'We', 'Us', or 'Our' of the one part; AND USER being the person intending to log in and/or signup for the purpose of using the services or otherwise and hereinafter referred to as, “User” or “you” of the other part.
CONSIDERATION AND REFUND POLICY
The fees for availing the services as displayed on our app or website shall be payable by the organizer in full before creating the login id for each function. We reserve our right to amend and/or update the said fees at any point of time without giving you the prior notice in any manner whatsoever. It is clearly understood that for every event a special login id shall be created and given and separate fees for that shall be payable. The fees is payable by the event organizer or otherwise are non-refundable and/or non-adjustable under any circumstances.
WEDUPP (OUR) CONTENT
Unless otherwise stated, all materials contained in, on or within the Services, including, but not limited to, text, messages, graphics, images, code, illustrations, answers, designs, icons, photographs, Audio, video clips, and written and other materials in any form whatsoever (hereinafter collectively referred to as 'WEDUPP (our) Content'), as well as their selection and arrangement, are protected by copyright, logo, trademark, patent, design, and/or other intellectual property laws. Unauthorized use of WEDUPP (our) Content in any manner whatsoever may violate such laws and these Terms and shall make you liable for the severe legal consequences. Except as expressly provided in these Terms, we do not grant in any manner whatsoever any express or implied rights to use WEDUPP (our) Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, decompile, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, WEDUPP (our) Content, the Services, or any related software, except as expressly stated in these Terms. You are hereby granted a limited, non-exclusive, non-sub licensable license to access and use the Services and WEDUPP (our) Content. This license is revocable at any time and strictly subject to the terms and conditions as set out herein. We would like to clarify and bring to your kind notice that this license is subject to present Terms and does not include: The distribution, public performance, or public display of WEDUPP (our) Content; Modifying or otherwise making any derivative uses of our provided Services and/or WEDUPP (our) Content and/or any part thereof by any medium at any time; Use of any data mining, robots, scraping or similar data gathering or extraction methods in any manner; Downloading (other than page caching) any portion of the Services, WEDUPP (our) Content, or any information contained therein, except as expressly permitted on the Services; and Permitting you to share the password/ passcode as provided to you to access the function/program/wedding by the organizer or otherwise; Any use of the Services or WEDUPP Content other than for their intended purposes. Any use of the Services or WEDUPP (our) Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license to use the Services granted to you without giving you any prior Notice.
In addition to the other restrictions as outlined in these Terms, you agree that you will not: Use the Services for any purpose that is unlawful, beyond the scope of their intended use, or otherwise prohibited in these Terms and Conditions or the terms of any third party that govern a particular Service; Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users, any guest, Bride, Groom, organizers or anyone from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; Reverse engineer any aspect of the Services or do anything that might discover the source code of the Services or any related our software or services, or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services or any related software; Compromise the security of the Services, including the hacking of our services / other accounts in any manner whatsoever; Share the password/ passcode as provided to you to access the function/ program/ wedding by the organizer or otherwise. Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials at any time; Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data; Use or attempt to use another user's account without authorization and/or permit others to open and operate the User’s Account; Infringe the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual's consent; Attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access; Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; Engage in any harassing, intimidating, predatory, defamatory, offensive or stalking conduct; Impersonate, imitate any person or entity or otherwise misrepresent your affiliation with a person or entity; Develop any third-party applications that interact with User Content or the Services without our prior written consent; and Use the Services or any related software for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms. Violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or party; Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account without our prior written consent; You further agree to abide by any third-party terms that apply to the Services or when posting reviews of the Services, including the iTunes App Store Terms of Service and Google Play Store Terms and Conditions of Service.
After opening a WEDUPP account, you accept all responsibility for any activity that occurs while logged into your account. You agree that you will not do anything that might jeopardize the security of your account. You further agree that you shall not share your account password and/or the passcode as shared with you by the Event Organizers or otherwise. When you first create a WEDUPP account, we ask for your mobile number to verify your account. Please be aware that your carrier's text messaging and data fees apply for mobile number verification and it shall be your sole responsibility to pay the same and without putting any obligation upon us. When logging into your WEDUPP account, we ask for your mobile number or email address to send you a secure link to log in and access your account. Please be aware that your carrier's text messaging and data fees apply for logging in with your mobile number and it shall be your sole responsibility to pay the same and without putting any obligation upon us. MODIFICATIONS TO THE SERVICES We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without giving you prior notice of any nature whatsoever at any point in time. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof without giving you the prior notice as aforesaid.
We respect the intellectual property rights of others. In accordance with the Indian Copyright Act, 1957 (as amended up to date) and other laws relating to the intellectual property rights, we strive to expeditiously remove any infringing material from our site/ application. If we become aware that one of our users is intentional or repeat copyright infringer, we may take appropriate action/ steps within our power to terminate the user's account. All users should be aware of and comply with applicable intellectual property and other prevailing laws in force.
The services and the Wedupp (our) content are provided on 'AS IS WHERE IS BASIS and AS IS WHAT IS BASIS' without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while Wedupp (we) attempts to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure, virus-free, free from firmware/malware/ bug or error-free or that the services will always function without delays, disruptions, or imperfections.
By agreeing to these Terms and Conditions, you agree toindemnify, defend, and hold harmless WEDUPP, our affiliates and their respective officers, directors, managing members, shareholders, employees, affiliates, licensors, partners, investors and suppliers (hereinafter collectively referred to as the 'WEDUPP Parties') from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual or proprietary right, publicity, confidentiality, privacy; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities, or otherwise.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event we or the WEDUPP Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages arising out of or in connection with your use of the Services, including, without limitation, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or physical or mental injury or emotional distress arising out of or in connection with the Terms and Conditions hereof, or from any communications, interactions, or meetings with other users of the Services, on any theory of liability, that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services, any related software and/or application, or any materials available therein; or (c) any other matter related to the Services, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory, as the case may be. You assume total responsibility for your use of the Services and any related software and materials. Your only remedy against us for dissatisfaction with the Services or any content is to stop using the Services.
It is clearly agreed and understood by the User that he/she/they are not obtaining services from us nor are they paying us any consideration. Hence, there is no relationship of any nature whatsoever between the user and Wedupp. Therefore, the provisions of Consumer Protection Act, 1986 is not applicable.
In case of any dispute or difference arising between you and us as regards interpretation or implementation of any of the terms, the same shall be resolved mutually by negotiation first and if not resolved so then through arbitration and such arbitration shall be governed by the Arbitration and Conciliation Act, 1956 and rules there under. The venue of the arbitration shall be only at Mumbai and procedure of the Arbitration shall be as may be decided by the Arbitrators.
This agreement shall be strictly governed by and construed in accordance with the law of India.
It is hereby irrevocably agreed that the courts of Mumbai shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this terms or its subject matter.