Wishberg is a service offered by Tyched Web Services Pvt Ltd, India. Wishberg enables users to share their wishlist and discover common intents & interests from their friends and social circle.
The terms and conditions govern your use of Wishberg and the product & Service offerings provisions on the website www.wishberg.com, a service owned by Tyched Web Services Pvt Ltd incorporated in India and are legally binding on you. The terms and conditions also apply to all information provided on the Service including the text, information, products, links, user profiles and relevant information shown on the website www.wishberg.com
for purpose of providing this Service.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SERVICE OR ANY INFORMATION CONTAINED ON THE SERVICE. YOUR USE OF THIS SERVICE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Wishberg reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on this website. We suggest that you frequently review these Terms & Conditions. Your continued use of the Service shall constitute your consent to such changes.
Privacy & Personal Information
You may use the Service if you are of legal age to form a binding contract and are not barred from receiving services under the laws of India or other applicable jurisdiction. You may use the Service only in compliance with terms and conditions applicable according to the local, state, national and international laws, rules & regulations.
You are also informed that Service offerings of Wishberg may change from time to time without prior notice to you. Some product offerings may be added, removed, changed without information or notice.
The access Services of Wishberg you will be provided with a password. You are responsible for safeguarding the password and account information for continued use of the Service. You agree to take sole responsibility for any activities or actions that happen due to access of your account, whether or not you have authorized such access and actions resulting for this. In case of unauthorized access, you are expected to immediately notify Wishberg about same and inform us on unauthorized use of your password. Wishberg cannot and will not be liable for any loss of damage arising from your failure to comply with these requirements.
- Your use of the Service is at your risk. You acknowledge, understand and agree that Wishberg provides the Service to you "As Is" and "As Available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
- You understand that Wishberg works with third party Services and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service.
- You acknowledge, understand and agree that Wishberg cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
- You must not modify, adapt or attempt for an unlawful access of Service or build any other third party Service or website that falsely represents Wishberg.
- Verbal, physical, written or other abuse of any Wishberg customer, employee, member, or officer may result in immediate account termination including legal action.
- You must not upload, post, or transmit unsolicited email or "spam" messages or otherwise any material that is illegal, pornographic, abusive or obscene.
- You agree to defend, indemnify, and hold harmless Wishberg, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of these Terms of Service.
- You also agree that Wishberg has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content, any information and other communications maintained by the Service.
- In violation of our terms, you agree to receive administrative and legal notices about the Service electronically via email or snail mail.
- We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.
- Wishberg will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content.
- You accept that we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- You also agree and accept that the information and advice you receive from Wishberg or members on Wishberg is subject to your consideration prior to any use by you in any transaction which may or may not be a commercial one. At any point of time Wishberg is not responsible for any loss - mental, physical, and financial or any other caused to you due to your actions based on information available through our Service.
Content Shared by Wishberg
To provision our products & services for Wishberg, certain products, information and content will be provisioned by us. In such events, we will make our best efforts to ensure the authentication of same; however Wishberg Web Services will not be responsible for any misinformation caused due to error caused by human or computer.
Further we make all attempts to provide links and credits to users / websites who are rightful owners of such content. In case of any misinformation, error or mistake, you are requested to contact us and inform us about same to have it corrected.
Content Shared by you
You are responsible for your use of the Service, information shared, content provided, your actions on the Service and for any consequences arising out of the same. Information provided by you may be available to your friends, contacts, and others on Wishberg in an identifiable or unidentifiable format. Wishberg will not be responsible or liable for any use of your content.
By submitting, posting or displaying Content on or through the Service, you grant us and our third-party Service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). No compensation will be paid with respect to the content & information that you submit, post, transmit or otherwise make available through the Service, even if used by other companies, organizations or individuals who partner with Wishberg.
We may need to modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, Service or media.
Wishberg claims no ownership of any content submitted, posted or displayed by you on or through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
Data Collected about You
Wishberg collects your wishlist and lifestyle information along with your personally identifiable data which includes your name, contact details, email address, Facebook profile, Twitter profile, and other in process of registration for the Service and continued used of same. You agree that Wishberg will own rights to this data and may use this data to provide additional Services to you or to other users. You also agree that Wishberg may share this data with its partners to provide you enhanced Services.
Our Service may include serving advertisements to you based on the interests, wishes, lifestyle preferences or techniques like content sensing. The advertisements may be served to you on our websites, on other websites or via email. The format of advertising is subject to change from time to time.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- The availability or accuracy of such websites or resources.
- The content, products, or Service on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Wishberg of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Trademarks & Copyright Information
The trademarks, Service marks, brands, names, logos and designs ("Trademarks") of Wishberg, Tyched Web Services or others used on this Service are the property of Tyched Web Services or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Service without the express prior written permission of Wishberg or the respective owner, and nothing contained on this Service grants by implication, waiver, estoppel or otherwise, any right to use such trademarks.
All of the materials appearing on this Service (other than third party content), including but not limited to, the look and feel of the Service, text elements, Service design, graphics, sound or video materials, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Wishberg or its licensors, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material or the Trademarks is strictly prohibited without the express written consent of the owner.
Availability & Access to Service
Wishberg will not be responsible for any downtime or unavailability of the Service. Wishberg reserves the right to alter, modify or discontinue the Service or any content or Service feature therein at any time without notice.
Termination of Service
If you violate any of these Terms, your permission to use the Service may be suspended or revoked and we reserve the right to suspend or terminate your access to and use of the Service at any time if you violate any of these Terms.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. WISHBERG AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. WISHBERG (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD WISHBERG EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.
WISHBERG AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WISHBERG AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL WISHBERG AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WISHBERG OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH WISHBERG IS COMPILED FROM SOURCES, WHICH ARE BEYOND THE CONTROL OF WISHBERG THOUGH SUCH INFORMATION IS RECOGNIZED BY THE PARTIES TO BE GENERALLY RELIABLE, THE PARTIES ACKNOWLEDGE THAT INACCURACIES MAY OCCUR AND WISHBERG DOES NOT WARRANT THE ACCURACY OR SUITABILITY OF THE INFORMATION. FOR THIS REASON, AS WELL AS THE POSSIBILITY OF HUMAN AND MECHANICAL ERRORS AND OTHER FACTORS, YOU ACKNOWLEDGE THAT WISHBERG IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. WISHBERG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT.
YOU AGREE THAT WISHBERG (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE WISHBERG FOR ANY PURPOSE WHATSOEVER. WISHBERG AND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN WISHBERG INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF WISHBERG, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS, WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSIS OF THE INFORMATION UNDER THESE TERMS OF SERVICE.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO:
AS A RESULT OF OR RELATED TO:
- YOUR ACCESS AND USE OF WISHBERG
- ANY THIRD PARTY ACTIONS RELATED TO USERS RECEIPT AND USE OF THE INFORMATION, WHETHER AUTHORIZED OR UNAUTHORIZED.
ANY CLAUSE DECLATED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER. THESE TERMS MAY BE AMENDED IN A WRITING SIGNED BY WISHBERG.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF REPUBLIC OF INDIA. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN MUMBAI, MAHARASHTRA, INDIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF WISHBERG. USE OF WISHBERG IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
YOU AGREE TO INDEMNIFY AND HOLD WISHBERG, ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OR CONDUCT ON WISHBERG. WISHBERG RESERVES THE RIGHT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU OR YOUR USE OF WISHBERG SERVICES, INCLUDING ITS CONTENTS, WITHOUT YOUR PRIOR PERMISSION IF WISHBERG HAS A GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO LEGAL REQUIREMENTS OR COMPLY WITH LEGAL PROCESS; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF WISHBERG OR ITS AFFILIATED COMPANIES; (3) ENFORCE THE TERMS OR USE; OR (4) ACT TO PROTECT THE INTERESTS OF ITS MEMBERS OR OTHERS. WISHBERG PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF WISHBERG'S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF WISHBERG SERVICES OR INFORMATION PROVIDED TO OR GATHERED BY WISHBERG WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND WISHBERG WITH RESPECT TO WISHBERG SERVICES AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND WISHBERG WITH RESPECT TO THE TYCHED WEB SERVICES.