Terms & Conditions

Wetspot Garage's Anti-Spam Policy

This website wetspotgarage.com owned and operated by Wetspot Garage ("we" or "us" or "our" referred as the "Wetspot Garage" company having its office at CM9, Convent Rd, Shenoys, Kochi, Ernakulam, Kerala 682035).

These Terms and Conditions are applicable to users of the Company’s website wetspotgarage.com . The user of the Website includes merchants, clients and service recipients of the Company registered with the Website and all of their employees and authorised users (“Merchant”) and/or unregistered guest users, end-customers.

These are standard terms and conditions in form of electronic record in terms of Information Technology Act, 2000 and rules under as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.

By using the services and tools provided on the Website, it is deemed that You have read and accepted the terms and conditions contained herein. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. Use of the Website by You shall governed by these terms and conditions and shall constitute your binding obligations with the Company.

Registration Eligibility

Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be facilitated by your legal guardian or parents. The Company reserves the right to terminate and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.

User Content

In order to provide efficient Services, the Merchant is required to provide certain information and data (including sensitive personal data or information) relating to the customer of the Merchant. The Merchant shall ensure that they have adequate consent and authority from its customer to share such data and information with the Company.

Account Terms

• You must provide your full legal name, address, a valid email address, and any other information needed in order to complete the signup process. If any information you have provided is found to be false, your account will be put on hold at which time you will be unable to use Wetspot Garage.
• You are responsible for keeping your password secure. Wetspot Garage cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
• You may not use Wetspot Garage for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India.
• You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Wetspot Garage account.
• The quality of the products you ship through Wetspot Garage is totally your responsibility. You are liable to provide any customer service regarding the product quality, Wetspot Garage in no way is liable to refund/exchange any product sold by you on your behalf.
• A breach or violation of any of the Account Terms as determined in the sole discretion of Wetspot Garage will result in an immediate termination of your services.

Wetspot Garage may determine at its sole discretion whether a customer is spamming. There are a number of factors Wetspot Garage uses to determine it, including, but not limited to: complaints sent to abuse report addresses, SpamCop reports, complaints sent to any of Wetspot Garage’s upstream providers, and evaluating a customer’s email statistics and recipient addresses. All decisions made by Wetspot Garage regarding a customer’s use of our service are final.

Communications

When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic, digital, or otherwise.

Fees and Charges

Signing up on the Website is free. The Company does not charge any fee for accessing the Website. However, the Company’s Services through the Website are chargeable, and the Company reserves the right to charge fees and change its policies from time to time. Any change in any policy of the Company may be provided at any time by posting the changes to the Website or via an announcement via an email to the registered email ID of the Merchant account.

Particularly, the Company may at its sole discretion introduce new Services and modify some or all of the existing Services or discontinue any Services offered on the Website with or without notice. The Company may in its sole discretion make the use of the website or any services thereon chargeable. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

User Content

In order to provide efficient Services, the Merchant is required to provide certain information and data (including sensitive personal data or information) relating to the customer of the Merchant. The Merchant shall ensure that they have adequate consent and authority from its customer to share such data and information with the Company.

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that:

• Belongs to another person to which You do not have any right to; or
• That 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 or misleading in any way; or promoting any such illegal activities; or

Use of Website

You agree, confirm and undertake that your use of the Website shall be strictly governed by the following binding principles:

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion or Content (defined hereinafter) of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or in any way decompile, reverse engineer, or disassemble any material or content on the Website, the Company reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any part, section or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures of the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User of the Website, or any other customer of the Company including any membership account on the Website not owned by You, to its source, or exploit the Website or any Service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information.

Trademark, Copyright and Restriction on the use of Website Content

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Use of the Content on any other web site or networked computer environment or use of the Content for any purpose in violation of the copyrights, trademarks and other proprietary rights, is prohibited.

You shall not purchase search engine services or other pay per click keywords (such as Google AdWords), or domain names that use Wetspot Garage or Wetspot Garage trademarks and/or variations and misspellings thereof.

Other Dealings

The Website may contain links to other websites; these external websites are not under control of the Company. The Company cannot be held responsible for such websites and cannot make any warranties about them. The Company provides these links in the event they might interest You, but the Company does not monitor or endorse these websites.

The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Hyperlinks/Backlinks

The Company welcomes links to this Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of such third party site by the Company. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website/digital media any of the Content or other materials available on the Website without prior written consent of the Company.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.

Terms of Use of Services

The Company provides various services to the Merchants and Users (“Services”). The performance of services by the Company depends on the accuracy of information and records of the Users. From time to time, You shall be responsible for providing information relating to the products and/or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. Further, the use of the Website for the Services provided by the Company to the Merchant are additionally governed by the service agreement and/or merchant agreement separately executed between the Merchant and the Company.

Payment

There are different payment term options available and depending on the payment term agreed by the Merchant with the Company, the Merchant has to pay the invoices as raised by the Company within the stipulated credit period as agreed in the service agreement or merchant agreement as may be entered into between the Company and the Merchant, from time to time.

While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

• Lack of authorization for any transaction/s; or
• Exceeding the pre-set limit mutually agreed by You and between your bank/s; or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s.

Cancellation of Order

The Company reserves the right to cancel any Service order without any explanation for doing so, under situations where the Company is not able to meet the requirements of the Service order placed or the order placed/cancelled does not comply with the policy of the Company or the Service order has an invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within an appropriate time to the concerned persons.

Merchant Account Usage Conditions

You shall clarify any doubts/concerns with respect to the usage of the merchant account before placing actual Service orders for your customers. In case orders are placed in the wrong slab/weight category or mode of transport, the Company will not be liable to reimburse any additional amount deducted.

You are required to enter the correct dimensions and weights for each order placed on the Website to reduce any discrepancies later. Any pickup delays or discrepancies caused due to incorrect entry of weights/dimensions shall not be the Company’s responsibility.

Zones are pre-defined as per the source pin code for each membership account, charges will be applicable on this definition. You are requested to check the zoning matrix before placing any order. The Company shall not be liable for any discrepancy arising due to this.

Banned Restricted Products and Services

The Merchant 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.

Without prejudice to the generality of the above, the Company does not permit Services of the following items:

"Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description. While this does not prevent a share broking firm to host its website with the Company, the trading of the shares through an e-store on the Website made available by the Company is prohibited.

Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972). Weapons of any description.

• Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
• Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
• "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972("the Act").
• Used cellular phone SIM Cards.

Furthermore, you agree to display and adhere to a terms of use or other user-type agreement, as well as a privacy policy, governing Your operation of Your Store and Your conduct with Your Store’s customers.

Breach

Without limiting other remedies, the Company may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide You with access to the Website in the event, but not limited to:

• If You breach these Terms and Conditions or Privacy Policy or other rules and policies, if any;
• If the Company is unable to verify or authenticate any information You provide; or
• If it is believed that your actions may cause legal liability for other Users or for the Company.

The Company may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.

Notwithstanding the foregoing, if You breach the Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

Indemnity

You shall indemnify and hold harmless the Company its licensee, affiliates, service partners, service providers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

Limitation of Liability

The Company will not be liable to you (whether under the law of contract, the law of torts, law of equity or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.

Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services or the software. While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.

Force Majeure

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport.

Waiver

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Assignment

The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Grievance Officer Contact

For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website and in accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Wetspot Garage
Address: CM9, Convent Rd, Shenoys, Kochi, Ernakulam, Kerala 682035.
Email: support@wetspotgarage.com