TERMS OF USE



1.Introduction and Terms and Conditions of use
The domain name WishKiya (hereinafter referred to as "Website") is owned by Helpile Private Limited (“Company” or “we” or “our” or “us”).

Any person logging on to or using the Website (“User” or “you”) or using our mobile applications and services such as software, data feeds, email newsletters, and receiving associated services provided through such websites and mobile applications, etc. (“Services”) shall be presumed to have read the Website Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and the Company.

The User’s use of the Website (including the Services and tools) are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter.

For the purpose of these Terms of Use, wherever the context so requires "User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services, including the User Content (as defined hereinafter).

The Terms of Use may be revised or altered by the Company at its sole discretion at any time without any prior intimation to the Users. The latest Terms of Use will be posted here. By continuing to use or access the Services or the Website after changes are made, you agree to be bound by the revised/ altered Terms of Use.

2. Eligibility
Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to access or visit the Website. Your use or access of the Website shall be treated as your representation that you are competent to contract.

The User represents and warrants that the User will be responsible, financially or otherwise, for all of User's use of the Website (including the purchase/ availing of Services) and access of the Website (as well as for use of User's account by others). The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

3.Account and Registration
In order to access and use certain Services, you must first register and create an account with us (“Sign Up”).

Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy separately provided on the Website.

If you use the Website, you are responsible for maintaining the confidentiality of your password and other details in relation to your Wishlist and any activity that occur in or through the Wishlist. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password. If anyone other than yourself accesses My Event or Wishlist, they may perform any actions available to you, make changes to your Event List or Wishlist, and accept any legal terms available therein, make various representations and warranties etc. Any such action/ activity will be deemed to have occurred on your behalf and in your name. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at support@wishkiya.com[•]. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.

You also agree and confirm that you will:

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in Helpile’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You will notify Helpile immediately of any unauthorized use of your Helpile account or the Website known to you, whether by you or a third party.

You may cancel your Helpile account at any time by contacting WIshkiya customer support. Helpile may terminate your account and refuse any and all current or future use of the Website or other services, or any portion thereof, (i) in order to comply with applicable Law, (ii) if you provide any information that Helpile determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Helpile determines, in its sole discretion, that you are using your Helpile account in a manner not permitted by these Terms of Use, or (iv) in other circumstances, as Helpile deems appropriate in its sole discretion.

4. Indemnification:
You agree to indemnify, defend and hold harmless Helpile Pvt. Ltd. from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Helpile Pvt. Ltd. that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

5.Purchase of Products:
(a) Please note that the final pickup or shipping and delivery of any item or product (including but not limited to passes, apparel, jewelry etc.) will be carried out by the brand and / or the promoter whose item or product has been purchased by you

(b) Please note that Wishkiya is not responsible for the pickup, shipping and delivery of the purchased products in any manner whatsoever and shall, therefore, not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of the brand whose product has been purchased by you

(c) Please note that any cancellation of a pre-registered item or product will not be Wishkiya's liability and you have to contact the brand and / or the promoter whose item or product has been purchased by you.

6. Availability
We will take all reasonable efforts to ensure that our Services are operational and uninterrupted. However, we do not guarantee that any Content will be made available to you in or through the Services. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Services.

We also reserve the right to, (i) remove, edit, modify, refuse to distribute or otherwise manipulate any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms of Use), or for no reason at all, and (ii) remove or block any Content from the Services.

7. User Content
We may allow you to create, post, submit and/ or display the Content on or through the Services (“Ideas & Advices”). You will be entitled to own the rights in such blogs. The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation. By submitting or posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to display, copy, reproduce, process, sub-license, publish, distribute and use in any manner such User Content. You also allow us to use all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by us or third parties who partner with us for distribution, publication or broadcast of our Content, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. In consideration for the access and use of the Services, the User agrees that the Company may enable advertising on the Services, including in connection with the User Content or other information. The Company may also use the User Content to promote the Company and its Services. You also waive any right to inspect or approve any final product. The User Content appearing on the Website is the property of the respective Users and the Company does not assert any rights in relation to the same. Such User content is used by the Company subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.

You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. You understand that your User Content may be broadcast, distributed, or published by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content that you may submit. By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights, granted in relation to any User Content that you submit. In the event, any User Content published elsewhere is posted on the Website, it will be presumed that the User has the necessary intellectual property rights to do the same. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights. You further agree that the User Content you submit to the Services will not contain material that is subject to any third party intellectual property rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us the license and usage rights granted under these Terms of Use. By submitting or posting the User Content, you agree that your submission of the User Content does not in any way implicate you as our employee, agent or partner. By submitting or posting the User Content, you further forever release and discharge us from any and all claims, actions and demands arising out of, or in connection with, the use of your User Contents, your Registration Data, including, without limitation, any and all claims for invasion of privacy and libel. This release shall also extend to the benefit of our assigns, licensees and legal representatives. We will make reasonable efforts to preserve the User Content provided by you; however, we are in no event responsible or liable for failure to do so and you are solely responsible for creating and maintaining backup of your User Content.

You may delete your User Content or User Account at any time. Processing the deletion may take some time, but the same shall be done by the Company. The Company may maintain backup of all User Content for such time as may be required under applicable laws and operational purposes of the Company.

8.Other Representations, Warranties and Covenants
You own all rights in and to the User Content and will continue to have a clear title, consents, licenses and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.

You have obtained the requisite consents and permissions under all applicable laws, for the posting, transmission and publication of any personal information which is part of the User Content, and you will adhere to all laws applicable thereto.

The User Content is and will continue to be true, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, use, post, transmit or display in the country in which you or the Website’s visitors and users (“End Users”) reside, or for the Company and/or your End Users to use or possess in connection with the Services.

You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, 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;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
  • 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;
  • impersonates 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;
  • 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  • creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers and/ or Users;
  • is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation; or
  • is illegal in any other way.
  • You agree and understand that the Company reserves the right to remove and/or edit such detail / information.
  • You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

9.Payment Terms
You shall be entitled to use a valid credit/debit and/or any other payment cards, online banking facility or other payment instrument (“Virtual Payment Modes”) to make payment against any transaction being effected on the Website.

You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by arrangement(s)/terms and conditions between you and the relevant banks and/or financial institutions, as the case may be. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of / relating to the Virtual Payment Modes (including any fraudulent transaction). Notwithstanding anything contained in the Terms of Use, you agree to indemnify us for any liability arising in this regard.

We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.

We may, at our sole discretion, require further authorization from you, such as a telephone confirmation of your payment and/or other information.

10.Force Majeure
We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay is result of or arising out of a Force Majeure Event, as defined hereunder.

For the purposes of these Terms of Use, “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions, breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.

11. User’s liability
The User, by the act of logging onto the Website and/or submitting information to the Company (through the Website or otherwise) is deemed to have consented to and has expressly/impliedly and irrevocably authorized the Company to use, reveal, archive, analyze, display or transmit all information required by the Company. The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Company has the right to take any action it deems fit in relation to the particular circumstances without any limitations.

The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of the Website and the Services and that the User is not violating or attempting to violate any applicable laws.

12. Restriction on use of Content
The information and Content provided on the Website is an exclusive property of the Company and/ or third parties (as applicable) and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Company.

Further, the User shall not: (i) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website; (ii) take or attempt to take any action that might damage, disable or overburden our (or our third party providers) infrastructure; (iii) bypass, circumvent or attempt to bypass or circumvent any measures that the Company uses to prevent or restrict access to the Services and/ or the Content; (iv) run any form of auto-responder or "spam" on the Services and/ or the Content; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Services and/ or the Content, unless the same is done in accordance with the provisions of our robots.txt file; (vi) harvest or scrape any Content from the Services; (vii) copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Services and/ or Content; (viii) modify, translate, or otherwise create derivative works of any part of the Services, (ix) retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Content, or any part thereof, without express prior written consent from us (except as and only to the extent any of the foregoing restriction is prohibited by applicable laws or to the extent as may be permitted by licensing terms governing use of open-sourced components included in the Services); or (x) otherwise take any action in violation of our Terms of Use.

The Company has the right to access, read, preserve, and disclose any information as it reasonably believes is necessary: (i) under any applicable laws or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect its rights, property or safety along with that of its Users and the public.

13. Geographical Extent
The Website and Services can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our Website and Services are appropriate or available for all these jurisdictions.

If You access or use the Website from a country or location apart from India, you are solely responsible for compliance with necessary laws and regulations for use of the Website, in your jurisdiction.

14. Intellectual Property Rights
The Content available through the Services may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Services, including the Content. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Services and/ or Content (including the User Content). You agree not to make use of the Content in a manner that would infringe the copyright therein.

You also acknowledge and agree that any feedback, comment or suggestion you may provide regarding the Services and/ or Content is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.

15. Infringement of Intellectual Property Rights
If you believe that your copyright work has been copied and posted in the Services or the Content in a way that constitutes copyright infringement, please provide us with all relevant information, including but not limited to, the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and any information reasonably sufficient to permit us to locate such material. Please also provide us your contact information, including your address, telephone number, and an email address at the time of making the complaint. To inform us about any infringement, you must send an email to support@wishkiya.com, and we will take appropriate action as required under applicable laws.

16.Blog/Content Reader Service
As part of the Services, the Company provides an online blog/ content reader service that allows you to follow your preferred blogs/ websites, track when blogs/ websites are updated and discover new blogs/ websites to read, with links to the original blogs/ websites. The blogs or websites will be suggested by Users and will be subject to approval by the Company. Such service is only for transformative use and for non-commercial purposes, unless the User has registered with the Company in accordance with these Terms of Use and linked/ associated/ claimed the blog/website to the User Account. The feed will contain the text and contents as being syndicated by the bloggers or content owners, unless the blog/content owner has registered with the Company in accordance with these Terms of Use and linked the blog/website to the User Account – in such a scenario, the blog/content owner gives us non-exclusive license to display the entire post and/or to show the blog/content in accordance with the Terms of Use.

17. No Obligation to Pre-Screen Content and right to monitor
You acknowledge that the Company has no obligation to pre-screen, monitor and/or review any User Content, although the Company reserves the right to pre-screen, refuse or remove any User Content, at its sole discretion. Without limiting the foregoing, the Company shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable or in violation of applicable laws. In the event, any Content violates any of these Terms of Use, the User may write to the grievance officer at support@wishkiya.com and the Company shall take appropriate action in accordance with applicable laws.

However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’ s sole discretion is objectionable or in violation of this Terms of Use or applicable laws.

The Company may also impose limits on certain features or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this clause, these Terms of Use or applicable laws, or for any other reason without notice or liability.

18. Collaboration with the Company
The company owns all applicable intellectual property rights over any Content that you create on behalf of the Company or in collaboration with the Company’s editorial team. Such Content shall not be shared with any third party or posted in any other website, without prior written permission from the Company.

19. Jurisdiction and Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Kolkata (West Bengal) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

20.Miscellaneous
No waiver: Even if the Company does not exercise a particular right or enforce a particular clause under these Terms of Use, it will not amount to a waiver of the Company’s rights under these Terms of Use.

Severability: If any provision of these Terms of Use is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the intentions as reflected in the such provision and that the other provisions of the Terms of Use shall remain in full effect, notwithstanding anything contained in such impugned provision. Thus, illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website.

It is clarified that the Disclaimer and Privacy Policy provided separately form an integral part of these Terms of Use of the Website and should be read in conjunction.

21. Links to Third Party Websites: Third Party Material
The Website contains links to websites owned and/or operated by third parties. You may be able to access, review, display or use third party services, resources, content or information. In particular, the blogs/websites that you may follow by using the Website are owned and/or operated by third parties. Such links to third party websites and content are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third party website you accept that we do not exercise any control over such websites or their content. We have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party websites or their content. Further, the User undertakes to indemnify the Company for any liability that may arise on the Company in relation to the User’s access, use, review or reliance on any third party website, service, resource, content or information. We encourage you to familiarize yourself with the terms of use applicable to any third-party website you may access. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party websites and any materials or content made available therein.