INTERSTELLAR LIFESTYLE PRIVATE LIMITED
Last Revised: 10 September 2020
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 ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
All terms used with a capitalized first letter shall have the meaning assigned to them hereunder.
The Website and Application are collectively referred to as “Platform”
The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Platform for any purpose.
IF YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU IRREVOCABLY ACCEPT THE AGREEMENT AND AGREE TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
- User Eligibility
User(s) represent and warrant that they have the right to access or use the Platform. The Platform can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts 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 Platform.
As such, natural persons below 18 years of age shall not register as a Member on the Platform and shall not transact on or use the Platform.
WeSocial reserves the right to terminate a User’s membership and / or refuse to provide User with access to the Platform if it is brought to WeSocial’s notice or if it is discovered that the User is under the age of 18 years or is breach of these Terms.
- General Disclaimer
- By use of the Platform, You agree that You meet with the Eligibility Criteria as detailed in Clause 1 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
- As the provider of the WeSocial Platform, WeSocial does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings (as defined below) or Host Services(as defined below).
- User should always exercise due diligence and care when deciding whether to participate in an Experience or Event or use other Host Services, accept a booking request from a Guest (as defined below), or communicate and interact with other Members, whether online or in person.
- No joint venture, partnership, employment, or agency relationship exists between You and WeSocial as a result of this Agreement or Your use of the WeSocial Platform. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- To promote the WeSocial Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
- To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WeSocial cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WeSocial Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
- The access to or use of certain areas and features of the WeSocialPlatform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WeSocialPlatform, the latter terms and conditions will take precedence with respect to Your access to or use of that area or feature, unless specified otherwise.
- The placement and ranking of Listings in search results on the WeSocialPlatform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
- Code of Conduct
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the WeSocialPlatform. Users shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the user does not have any right to;
- 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee 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; and
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- If any Member feels that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to WeSocialby contacting us with Your police station and report number (if available); provided that Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to You.
- A Member cannot contact another Member for any purpose other than asking a question related to a Your own booking, Listing, or the Member’s use of the WeSocial Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval.
- You shall not use the WeSocial Platform to request, make or accept a booking independent of the WeSocial Platform, to circumvent any Service Fees(as defined below) or for any other reason.
- You shall not request, accept or make any payment for Listing Fees outside of the WeSocial Platform or WeSocial Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WeSocial harmless from any liability for such payment.
- Links to Third Party Sites
The WeSocial Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WeSocial is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WeSocial of such Third-Party Services.
- Amendments of these Terms
WeSocial reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform and You can determine when these Terms were last revised by referring to the ’LAST UPDATED’ at the top of these Terms. If You do not agree to such provisions, You must stop using the Platform with immediate effect. Your continued use of the Platform will be deemed to signify Your acceptance of the amended provisions of these Terms and/ or the Agreement.
- Account Registration
A User shall have access to only view the Platform and not be able to engage. In order to access and use certain features of the Platform, such as publishing or booking a Listing a User must register an account (“WeSocial Account“)
WeSocial may make the access to and use of the WeSocial Platform, or certain areas or features of the WeSocial Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
You can register a WeSocial Account using Your existing account with certain third-party social networking services, such as Facebook or Google or register in the Platform by proving Your phone number, WeSocialshall verify the same through a One time Password (“OTP”). In order to book a listing or publish an event You should have completed fifty percent of Your profile (“Member”).
To publish or organise an event (“Host”) on the Platform a User has to be a Member and fill in details through the WeSocial Account or can fill a google form with details available on the Platform available at https://wesocial.network/wp-admin/customize.php?url=https%3A%2F%2Fwesocial.network%2Fexperiences%2F
If You are registering a WeSocial Account for a company or other legal entity, You represent and warrant that You have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You may not register more than one (1) WeSocial Account unless WeSocial authorizes You to do so. You may not assign or otherwise transfer your WeSocial Account to another party.
You must provide accurate, current and complete information during the registration process and keep Your WeSocial Account and public WeSocial Account profile page information up-to- date at all times.
Members may verify their WeSocial Account by providing details such as government ID, phone number and email address.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
You agree and authorize us to use Your personal information, such as your full name and date of birth and other details, to obtain such reports.
At any time a Member may cancel an account by sending an email to WeSocial at hello@WeSocial.network If You cancel your WeSocial Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your WeSocial Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
You are responsible for maintaining the confidentiality and security of Your WeSocial Account credentials and may not disclose Your credentials to any third party. You must immediately notify WeSocial if You know or have any reason to suspect that Your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of Your WeSocial Account. You are liable for any and all activities conducted through your WeSocial Account, unless such activities are not authorized by You and You are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
WeSocial may enable features that allow You to authorize other Members or certain third parties to take certain actions that affect Your WeSocial Account. For example, we may allow Members associated with an enterprise to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that You share Your credentials with any other person. No third party is authorized by WeSocial to ask for your credentials, and You shall not request the credentials of another Member.
- Process of Listing, Acceptance, Cancellation and Refund
- A Host may fill in details of the event and publish the same on the Platform.(referred to as “Listing” or “Host Services” or “Experience” or “Event”). A Member may make a payment to request to be part of the Event. The acceptance or rejection of a Member to attend the Event is the sole discretion of the Host or WeSocial. On acceptances of the request by the Host or WeSocial, a Member may attend the event (“Guest”). A confirmation email summarizing the confirmed booking will be sent on a confirmed booking transaction.
- Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy.
- For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, WeSocial will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
- In certain circumstances, WeSocial may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in WeSocial’s policy or (i) where WeSocial believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to WeSocial, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
- If a Host cancels a confirmed booking, WeSocial may collect any cancellation fees. Cancellation fees may be withheld from the Hosts future Payouts or charged to the payment method on file in Your WeSocial Account.
- If a Host, is unable to conduct the event after the Guest payment is done, the amount will be kept with WeSocial and transferred to the Guest on getting such feedback.
- A Guest is entitled to a refund with 20 (twenty) working days from the date of cancellation. In case of a no-show, there will be no refund.
- All refunds shall be processed in the same manner as they are received. Refund amount will reflect in your account based on respective banks policies.
- Host and Co Host Obligations
- WeSocial may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability.
- If you choose to use the WeSocial Platform as a Host or Co-Host, your relationship with WeSocialis limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of WeSocial for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WeSocial.
- “Payment Method” means a payment method that you have added to Your WeSocialAccount, such as but not limited to credit card, debit card, Paytm, Google Pay, PayPal etc.
- “Payout Method” means a payout method is only the bank account mentioned by the Host while creating an WeSocial, to which WeSocialwill credit the payment after the successful completion of the event as per the terms. Host agrees to manage and update the bank account information in a timely manner. In good faith, WeSocialshall notify (via email) the Host of their failure to update the bank account, if the Host does not update the same within 7 (seven) days from such notification, the Host shall forfeit the payment due to the Host. Further, the Host shall have no further recourse against WeSocial.
- You agree to pay WeSocial for any confirmed bookings made in connection with your WeSocial Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card).
- You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by WeSocial or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
- Guest acknowledge and agree that, notwithstanding the fact that WeSocial is not a party to the agreement between you and the Host, WeSocial will deploy a payment gateway that acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to WeSocial’s payment gateway, your payment obligation to the Host is extinguished, and WeSocial is responsible for remitting the same (less the Host Fees and any Taxes in respect of the Host Fees), in the manner described in these Payments Terms.
- You as a Guest agree that WeSocial may charge your Payment Method the full amount (“Total Fees”) for any booking requested in connection with your WeSocial Account.
- Payment to the Host for a successful WeSocial Event will happen within 15(fifteen) working days, once the event has ended.
- If the Guest requests to book an alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then WeSocial Payments will collect the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Payments Terms.
- If WeSocial Payments is unable to collect any amounts You owe for a confirmed booking or a Damage Claim, WeSocial Payments may engage in collection efforts to recover such amounts from You. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to WeSocial by You. Such communication may be made by WeSocial or by anyone on their behalf, including but not limited to a third party collection agent.
- Please note that WeSocial cannot control any fees that may be charged to a Guest by his or her bank related to WeSocial collection of the Total Fees, and WeSocial disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.
- Service Fee – WeSocial may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the WeSocial Platform. WeSocial reserves the right to change the Service Fees at any time. You are responsible for paying any Service Fees that you owe to WeSocial. The applicable Service Fees are due and payable and collected by WeSocial Payments pursuant to the Payments Terms. Except as otherwise provided on the WeSocial Platform, Service Fees are non-refundable.
- Service Fees and Other Fees Wherever applicable, WeSocial may also charge Taxes in respect of the Host Fees and Guest Fees. WeSocial deducts the Host Fees from the Event Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees. In case of a Host, there will be a 20% service charge (GST, as applicable in addition).). Balances will be remitted by WeSocialto Hosts via the Payout Method selected by the Host.
- Payment Processing Errors: We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
- All Taxes as per law shall be applicable to the Member.
- As a Host You are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
- Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from Payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from Payouts to you, we reserve the right to freeze all Payouts, withhold such amounts as required by law, or to do both, until resolution.
- Rounding off, Currency conversion
- WeSocial may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, WeSocial will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, WeSocial may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, WeSocial may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000. 12.2 The WeSocial Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the WeSocial Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
- WeSocial may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WeSocial Platform (“Member Content“); and (ii) access and view Member Content and any content that WeSocial it self makes available on or through the WeSocial Platform, including proprietary WeSocial content and any content licensed or authorized for use by or through WeSocial from a third party (“WeSocial Content” and together with Member Content, “Collective Content“).
- The Member shall have the option in the Platform to request WeSocial to edit the Member Content. By selecting the option available on the Platform the Member gives WeSocial the right to edit the Member Content.
- The WeSocial Platform, WeSocial Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries. You acknowledge and agree that the WeSocial Platform and WeSocial Content, including all associated intellectual property rights, are the exclusive property of WeSocial and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WeSocial Platform, WeSocial Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WeSocial used on or in connection with the WeSocial Platform and WeSocial Content are trademarks or registered trademarks of WeSocial in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WeSocial Platform, WeSocial Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WeSocial Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WeSocial or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to Your compliance with these Terms, WeSocial grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the WeSocial Platform and accessible to You, solely for Your personal and non-commercial use.
- By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WeSocial Platform, You grant to WeSocial a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WeSocial Platform, in any media or platform. Unless You provide specific consent, WeSocial does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit your Member Content.
- WeSocial may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words “WeSocial.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the WeSocial Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your WeSocial Account is terminated or suspended for any reason. You acknowledge and agree that WeSocial shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where WeSocial is not the exclusive owner of Verified Images, by using such Verified Images on or through the WeSocial Platform, you grant to WeSocial an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to You. WeSocial in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the WeSocial Platform solely for Your personal and non- commercial use.
- You are solely responsible for all Member Content that you make available on or through the WeSocial Platform. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Member Content that you make available on or through the WeSocial Platform or you have all rights, licenses, consents and releases that are necessary to grant to WeSocial the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor Your posting, uploading, publication, submission or transmittal of the Member Content or WeSocial’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Term and Termination, Suspension and other Measures
- This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when You or WeSocial terminate the Agreement in accordance with this provision.
- WeSocial may terminate this Agreement for convenience at any time by giving You thirty (30) days’ notice via email to Your registered email address.
- WeSocial may immediately, without notice terminate this Agreement if (i) You have materially breached Your obligations under these Terms, the Payments Terms, Our Policies or Standards, (ii) You have violated applicable laws, regulations or third party rights, or (iii) WeSocial believes in good faith that such action is reasonably necessary to protect the personal safety or property of WeSocial, its Members, or third parties (for example in the case of fraudulent behaviour of a Member). (iv) You and/or Your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) You have repeatedly received poor Ratings or Reviews or WeSocial otherwise becomes aware of or has received complaints about your performance or conduct, (vi) You have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason.
- If We take any of the measures described above (i) we may refund Your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
- When this Agreement has been terminated, you are not entitled to a restoration of Your WeSocial Account or any of Your Member Content. If your access to or use of the WeSocial Platform has been limited or Your WeSocial Account has been suspended or this Agreement has been terminated by Us, You may not register a new WeSocial Account or access and use the WeSocial Platform through an WeSocial Account of another Member.
- Feedback, Review and Ratings
- After successfully attending/ hosting and experience, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about the experience. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of WeSocial.
- Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
- WeSocial welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Platform (“Feedback“). You may submit Feedback by emailing us, through the ‘Contact’ detail provided on the Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to You. By submitting Feedback to Us, You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.
WeSocial’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- Use of Personal information
If You choose to use the WeSocial Platform or Collective Content, You do so voluntarily and at your sole risk. The WeSocial Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that You have had whatever opportunity you deem necessary to investigate the WeSocial Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services You are receiving and that You are not relying upon any statement of law or fact made by WeSocial relating to a Listing. If We choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for he choices you make before, during and after your participation in a Host Service. If You are bringing a minor as an additional guest, You are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, You agree to release and hold harmless WeSocial from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
WeSocial is not responsible for your personal belonging and luggage during any experience or host service that You will be part of. If You are bringing any personal belonging, You are solely responsible for it throughout the duration of your experience and to the maximum extent permitted by law, You agree to release and hold harmless WeSocial from all liabilities and claims that arise in any way from any theft, injury, loss, death or harm that occurs to You or your belonging during the Host Service or experience or in any way related to your experience.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WeSocial Platform and Collective Content, your publishing or booking of any Listing via the WeSocial Platform, your stay at any accommodation, participation in any Experience or Event or use of any other Host Service or any other interaction you have with other Members whether in person or online remains with you. Neither WeSocialn or any other party involved in creating, producing, or delivering the WeSocial Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the WeSocial Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the WeSocial Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WeSocial has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms or an approved payment request, in no event will WeSocial’s aggregate liability arising out of or in connection with these Terms and your use of the WeSocial Platform including, but not limited to, from your publishing or booking of any Listings via the WeSocial Platform, or from the use of or inability to use the WeSocial Platform or Collective Content and in connection with any accommodation, Experiences, Event or other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the WeSocial Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by WeSocial to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between WeSocial and You.
- No Guarantee
WeSocial has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WeSocial does not endorse any Member, Listing or Host Services.
Any such description is not an endorsement, certification or guarantee by WeSocial about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
Due to the nature of the Internet, WeSocial cannot guarantee the continuous and uninterrupted availability and accessibility of the WeSocial Platform. WeSocial may restrict the availability of the WeSocial Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WeSocial Platform. WeSocial may improve, enhance and modify the WeSocial Platform and introduce new WeSocial Services from time to time.
You agree to release, defend (at WeSocial ’s option), indemnify, and hold WeSocial and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the WeSocial Platform or any WeSocial Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) WeSocial ’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
- Applicable Law and Jurisdiction
These Terms shall be governed by the laws of India. You agree that WeSocial is solely based in India, and nothing shall give rise to personal jurisdiction over WeSocial in jurisdictions other than New Delhi, India and You shall not raise any claims against WeSocial in any court or forum in any jurisdiction other than New Delhi, India. Any claim or dispute between the User and WeSocial will be entertained and tried solely and exclusively by a court of competent jurisdiction located in New Delhi, India and no other place whatsoever.
All notices or demands to or upon WeSocial shall be effective if in writing and shall be deemed to be duly made when sent to INTERSTELLAR LIFESTYLE PRIVATE LIMITED at A-39, Pandav Nagar New Delhi East Delhi DL 110092 IN.
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
- Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
- All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or recorded.
- Refer and Earn – We will be sending 3 (three) emails on your behalf to the user You have referred on the Platform.