This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Wikitoria application for mobile and handheld devices.

Terms of Use

1. These terms of use (the "Terms of Use") govern your use of Wikitoria Ventures Private Limited’s "Wikitoria" application for mobile and handheld devices (the "App" or the “Platform”).. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Wikitoria and you signify your acceptance to this Terms of Use and other Wikitoria policies (including but not limited to the Cancellation Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

 

2. The Platform is owned and operated by Wikitoria Ventures Private Limited, a private limited company within the meaning of the Companies Act, 2013 and having its registered office at 38A/2, Jyotish Roy Road, Kolkata - 700 053, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Wikitoria", "we", "us" or "our" shall mean Wikitoria Ventures Private Limited.

  CAUTION: PLEASE READ THE TERMS OF USE CAREFULLY. BY BROWSING, ACCESSING OR USING THE PLATFORM OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW MADE BETWEEN YOU AND US. USE OF THE PLATFORM AND AVAILING ANY SERVICES OF THE PLATFORM ARE SUBJECT TO THESE TERMS OF USE.  

3. Wiktoria enables transactions on its Platform between individuals/ entities and owners of sporting venues including but not limited to government sporting centres, gymnasiums, playing areas in co-operative/housing societies, private sporting arenas etc. in connection with booking of venues for playing sports by connecting third party venue owners ("Venue Owners") with the potential users who may want to book a venue for a particular sport ("Platform Services"). The buyers ("Buyer/s") can choose and make bookings ("Bookings") at the venues offered by the Platform, on the Platform.

 

4. Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Wikitoria policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Wikitoria policies and note the changes made on the Platform. Your continued usage of the Platform after any change is posted constitutes your acceptance of the amended Terms of Use and other Wikitoria policies. As long as you comply with these Terms of Use, Wikitoria grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Wikitoria policies (including but not limited to Cancellation Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

5. Use of Platform

 

• All commercial/contractual terms are offered by and agreed to between Buyers and Venue Owners alone with respect to Bookings being offered by the Venue Owners. The commercial/contractual terms include without limitation price, applicable taxes, payment terms, date of booking and cancellation policy. Wikitoria does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Venue Owners. Wikitoria may, however, offer support services to Venue Owners in respect to Booking fulfilment, mode of payment, call centre support and other ancillary services, pursuant to independent contracts executed by Wikitoria with the Venue Owners. The price of the Booking offered by the Venue Owners are determined by the Venue Owners themselves and Wikitoria has no role to play in such determination of price in any way whatsoever.

 

• Upon acceptance of any Booking, the terms and conditions of such Booking shall constitute a separate contract for services between the Buyers and the Venue Owners. Wikitoria shall not be responsible for the services provided by the Venue Owners to the Buyers through the Platform.

 

• Wikitoria does not make any representation or warranty as to the venues (such as legal title, safety, security, etc.) of any of the Venue Owners nor does implicitly or explicitly support or endorse the venue of any Venue Owner. You are advised to independently verify the bona fides of any particular Venue Owner that you choose to deal with on the Platform and use your best judgment on that behalf. Wikitoria accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

• Wikitoria is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and the Venue Owners on the Platform come into or take control of any of Bookings. At no time shall Wikitoria have any obligations or liabilities in respect of a contract entered into between Buyer and the Venue Owners.

 

• Wikitoria is only providing a platform for communication and it is agreed that the contract for making any Bookings shall be a strictly bipartite contract between the Venue Owners and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Wikitoria shall notify the same to the Venue Owner and shall also redirect the Buyer to the Venue Owner. In the event you raise any complaint on any Venue Owner accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Venue Owner and the specific Booking to which the complaint relates, to enable satisfactory resolution of the complaint.

 

• Please note that there could be risks in dealing with underage persons or people acting under false pretence.

 

• Wikitoria - Use of the App (Android and iOS)

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

1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
2. belongs to another person and which you do not have any right to;

 

1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing;

 

• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

1. harasses or advocates harassment of another person;

 

1. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

 

1. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

 

• infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

 

• promotes an illegal or unauthorized copy of another person's copyrighted work (see "Take Down Policy" below for instructions on how to lodge a complaint about uploaded intellectual property), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

1. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

1. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

1. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

 

• contains video, photographs, or images of another person (with a minor or an adult);

 

• tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Wikitoria's prior written consent means a communication coming from Wikitoria's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

 

1. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

 

• interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;

 

• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

 

• harm minors in any way;

 

• infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen products;

 

1. violates any law for the time being in force;

 

• deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

• impersonate another person;

 

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

• threatens the unity, integrity, defence, security or sovereignty of India or any other country, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any nation;

 

• is false, inaccurate or misleading;

 

• directly or indirectly, offers, attempts to offer, trades or attempts 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; or

 

• creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

2. 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 content of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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, as provided for by the Platform.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Wikitoria', or otherwise engage in any conduct or action that might tarnish the image or reputation of Wikitoria or the Venue Owners on platform or otherwise tarnish or dilute any Wikitoria's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Wikitoria's systems or networks, or any systems or networks connected to Wikitoria.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Wikitoria and/or others.
9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and services tax, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service. You shall not engage in any transaction, which is prohibited by the provisions of any applicable law.
10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
11. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
12. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Wikitoria shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall Wikitoria assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains.
13. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized use, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
14. Wikitoria 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), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
15. Account Registration 

 

• You may (a) access the Platform by registering to create an account ("Wikitoria Account") and become a member ("Membership"); or (b) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Wikitoria Account with Third Party Accounts, by either:

1. providing your Third Party Account login information to us through the Platform; or
2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
   • You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

 

• By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Platform via your Wikitoria Account.

 

• Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

 

• Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Wikitoria Account on the Platform.

 

• Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

 

• We will create your Wikitoria Account for your use of the Platform Services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Wikitoria Account and are not permitted to create multiple accounts. Wikitoria reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

 

• You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

 

• We reserve the right to suspend or terminate your Wikitoria Account and your access to the Platform (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Wikitoria policies.

 

• You are responsible for safeguarding your password or any other means of accessing your Wikitoria Account (including one time passwords, verification codes etc.). You agree that you will not disclose the same to any third party and that you will take sole responsibility for any activities or actions under your Wikitoria Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Wikitoria Account.

 

• Services availed from the Platform are intended for your personal use and you represent that you are not acting as an agent for other parties.

 

7. Booking and Financial Terms

 

• The Platform allows the Buyers to make Bookings and upon acceptance of such Bookings by the Venue Owners, Wikitoria will, subject to the terms and conditions set out herein, facilitate such Booking.

 

• Wikitoria does not control the Venue Owners and the Buyer understands that any Booking that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, venue availability, location serviceability, and acceptance of Bookings by the Venue Owners.

 

• However, upon Buyer’s successful completion of a Booking, we may confirm the details of such Booking to the Buyer and the booking price to be paid. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; (iii) physical address; and (iv) email address. It shall be the Buyer’s sole responsibility to bring any incorrect details to our attention.

 

• In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Booking, due to unavailability as informed by the Venue Owner. Please note that any change of the Booking shall be treated as final. It is clarified that Wikitoria reserves the right to not to process Buyer's Booking in the event Buyer or the Venue Owner is unavailable on the phone or any other means of communication at the time when we call you for confirming the Booking.

 

• All payments made against the Booking on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India and shall be subject to the terms and conditions of the third party payment processor. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Bookings made on the Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of making a Booking; or (iii) credit or debit card. You understand, accept and agree that the payment facility provided by Wikitoria is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment method to facilitate the Buyer’s Booking using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Wikitoria is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. It being clarified that the payment by a Buyer pursuant to a Booking shall be made directly to the relevant Venue Owner and at no point shall Wikitoria receive any such payments made by the Buyer.

   

• Wikitoria hereby puts on record that certain Venue Owners may have different methods of receiving payments such as deferred payment systems, cash payments, periodical billing cycles etc. and the Buyer is deemed to have fully acquainted himself/herself regarding such modalities of payment to different Venue Owners. Under no circumstances shall Wikitoria be held responsible or liable to any person (including the Venue Owner and/or the Buyer) in any matter arising out of a dispute as to such payment modalities.

 

• Buyers agree to pay for the total amount for the Booking on the Platform in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of the venue for the particular Venue Owner. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

 

• In connection with Buyer’s Booking, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay the Venue Owner for the Booking placed by you on the Platform, in accordance with these Terms of Use, using the methods described above. Buyer hereby authorizes the collection of such amounts by the methods described above as part of requesting the Booking directly by a third party online payment processor or by one of the payment methods described on the Platform. If the Buyer is directed to our third-party payment processor or to the Venue Owner, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices and/or the terms and conditions prescribed by the Venue Owner. Please review such terms and conditions and privacy policy before using the Platform services. Once the Booking is confirmed you will receive a booking confirmation receipt from Wikitoriasummarizing the confirmed booking.

 

• The invoice will be issued by the Venue Owner (if registered for tax purposes) to the Buyer along with the Booking. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Venue Owners. Wikitoria holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Venue Owners.

 

• The prices reflected on the Platform are determined solely by the Venue Owner and are listed based on Venue Owner's information.

 

• Prices reflected on the Platform may due to some technical issue, typographical error or information supplied by Venue Owners be incorrectly reflected and in such an event Venue Owners may cancel Buyer’s Booking.

 

• The transactions are bilateral between the Venue Owner and the Buyer, therefore, Wikitoria is not liable to charge or deposit any taxes applicable on such transactions.

 

8. Rescheduling and Forfeiture

  Any amount paid by a Buyer towards a Booking shall be refundable only in the event the Venue Owner cancels the Booking. A cancellation of the Booking by the Buyer shall be non-refundable however Wikitoria will be providing the following options to the Buyer for rescheduling the Booking:  

• If the Buyer’s cancellation request is received at least 24 hours prior to the scheduled time of the Booking, a credit voucher for an amount equivalent to 100% of the entire amount paid by the Buyer will be provided to the Buyer with an overall validity period of 30 (thirty) days from the date of issuance. Such credit voucher shall however be eligible for use as a credit voucher at the same venue where the cancellation has been done within the aforesaid 30 (thirty) days; and

 

• If the Buyer’s cancellation request is received within 24 hours of the scheduled time of the Booking, the entire amount paid by the Buyer will be forfeited by the Venue Owner.

 

9. No Endorsement

 

• Wikitoria does not endorse any Venue Owner. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Buyers.

 

• By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Buyers or the Venue Owner or other third parties will be limited to a claim against the particular Buyer, the Venue Owner such other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Wikitoria with respect to such actions or omissions.

 

10. General:

 

• 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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail Platform Services. If you are under 18 years of age and you have downloaded, installed, accessed or used the Platform, your parents or legal guardian have been deemed to acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian refuse to agree or acknowledge the Terms of Use and Wikitoria policies, you shall immediately discontinue its use. Wikitoria reserves the right to terminate your use of the Platform and / or deny access to the Platform if it is brought to Wikitoria's notice that you are under the age of 18 years.

 

• If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

 

• As we are providing Booking services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

 

• You shall at all times be responsible for the use of the Platform through your computer or mobile device and for bringing these Terms of Use and Wikitoria policies to the attention of all such persons accessing the Platform on your computer or mobile device.

 

• You understand and agree that the use of the Platform does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Platform Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

• You agree and grant permission to Wikitoria to send promotional SMS and e-mails to you (including from allied partners).

 

• By using the Platform you represent and warrant that:

1. All registration information you submit is true, lawful and accurate and that you agree to maintain the accuracy of such information.
2. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
4. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
5. You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
6. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
7. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
8. You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
9. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
10. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
11. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
12. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
    • any part of the Platform or the Platform software; or
    • any equipment or any network on which the Platform is stored or any equipment of any third party
13. You release and fully indemnify Wikitoria, its affiliates and/or any of their officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India or elswhere. Notwithstanding its reasonable efforts in that behalf, Wikitoria cannot take responsibility or control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
14. Access to the Platform, Accuracy and security

 

• We endeavour to make the Platform available during working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

• We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

 

• We do not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable.

 

• We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

 

12. Disclaimers

 

• THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

 

• DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

 

• WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

 

• YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PDP’S SERVICES.

 

• WIKITORIA DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS.

 

• WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

 

• THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

 

• IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY VENUE OWNER ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

13. Intellectual property

 

• We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Booking process flow and any content thereof.

 

• You recognize that Wikitoria is the registered owner of the word mark ‘Wikitoria’and its logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Wikitoria’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same.

 

• You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

• You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

 

• If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

14. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

15. Third Party Content

 

• We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

• You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

 

16. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

17. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

18. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Kolkata, India.

19. Take Down Policy

 

• Wikitoria has put in place Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing content is removed from the site, as they erode trust.

 

• Only the intellectual property rights owner can report potentially infringing content through Take Down Policy by way of Notice of infringement to the Grievance Officer below. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

 

20. Contact Us

Please contact us at support@wikitoria.co.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

21. Grievance Officer

The name and contact details of the Grievance Officer is provided below:
Mr. Baibhav Das
38A/2, Jyotish Roy Road,
Kolkata - 700 053, India Phone: +91-7595047777
Email: baibhav.das@wikitoria.co.in