Terms of Use
1. INTRODUCTION
This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules pertaining to electronic records in various statutes as applicable and amended from time to time, for access or usage of the website, namely, https://warehousenow.in/ (hereinafter referred to as the “Website”). This Terms of Use does not require any physical, electronic or digital signature and is a legally binding document between the User (as defined below) and WH Now (as defined below).
All the content and/or information provided on the Website is general content for informational purpose only. For the purpose of these terms of use (“Terms of Use”), wherever the context so requires, "You", "User" or “Your” shall mean any natural or legal person who has agreed to browse and/or access and/or use the Website. The terms "WH Now", "We", "Us", "Our" shall mean Optimizing Resources Private Limited, an entity having its registered office at Warehouse Now, No 164, 9th Cross, HAL 1st Stage Hoysala Nagar, Binnamangala, Indiranagar Bangalore, Bangalore, Karnataka-560038, India and its affiliates.
Users understand that WH Now shall remain the sole owner of the Website and these Terms of Use, Privacy Policy, Cookie Policy and Disclaimer (collectively “WH Now Policies”) shall constitute a legally binding obligation between the User and WH Now.
The User by accessing, browsing or using the Website and by providing any information through the Website, impliedly or expressly, hereby accepts these Terms of Use and enters into a legally binding contract with WH Now. It is thereby acknowledged that the User has read, understood these Terms of Use and is bound by them, regardless of how the User or anyone on User’s behalf has accessed or used the Website. If the User does not want to be bound by the Terms of Use, they must not browse, access and/or use the Website in any manner whatsoever.
2. SERVICES
WH Now, inter alia, offers a platform to the Users to explore wide range of innovative services such as warehousing space, warehouse operations, dark stores, full stack logistics, inventory management, etc. (“Services”).
3. ELIGIBILITY
i. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to browse and/or access the Website. Persons who are minors, un-discharged insolvents etc. are not eligible to browse and/or access the Website. As a minor, if You wish to browse the Website, such browsing shall be made available to You by Your legal guardian or parents, who have agreed to these Terms of Use. In the event a minor browses and/or uses the Website, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. WH Now will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website that may occur by virtue of any person including a minor browsing and/or using the Website. You acknowledge that WH Now does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents on the Website.
ii. Further, if the User is a (i) natural person any reference thereof shall, include his/her heirs, executors and permitted assignees; or (ii) juristic person, any reference thereof shall include its affiliates, successors and permitted assignees, unless repugnant to the context.
iii. By providing your details under the “Contact Us” tab, You agree that WH Now may contact You through the provided e-mail id or any other mobile number or contact number or email provided by You to enable effective use of Website. You expressly permit WH Now to contact You, through the above-mentioned means at any time. Further, WH Now shall have the right to monitor the download and usage of the Website and the contents thereof, to analyze such usage and to enable effective and efficient usage of the Website.
4. USAGE OF THE WEBSITE
i. Your use of the Website is solely for Your personal and non-commercial use. Any use of the Website or their contents other than for personal purposes is prohibited.
ii. You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell the Website or domain names 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, or (c) use the Website in any way that is unlawful, or harms WH Now or any other person or entity affiliated with WH Now.
iii. You shall not download any content unless there is an express permission or link on the Website such as “download” or similar link to download the content. You may not decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
iv. You agree not to access or download the content through any technology or means other than the Website itself. You will not scrape, spider, use a robot, or use other automated means of any kind to access the Website/Services.
v. You shall not attempt to gain unauthorised access to servers or networks connected to Website by any means and is permitted to use only the User interface provided by WH Now.
vi. You will not do any of the following while browsing, accessing or using the Website:
a. access, tamper with, or use non-public areas of the Website, WH Now’s computer systems, or the technical delivery systems of WH Now’s service providers;
b. attempt to discover any source code of or content on the Website or Services;
c. access or search or attempt to access or search our Website by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our Website;
d. in any way use the Website to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as WH Now); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Website; and
e. circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website therein or probe, scan, or test the vulnerability of any of Our systems.
f. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
5. CONTENT
i. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information appearing on the Website, is solely at the User’s own risk.
ii. The User may be able to link from the Website to third party sites and third-party sites may link to the site (“linked sites”). The User acknowledges and agrees that We have no responsibility for the information, content, services, advertising, code or other materials which may or may not be provided by or through linked sites. Links to linked sites do not constitute an endorsement or sponsorship by Us of such sites or the information, content, services, advertising, code or other materials presented on or through such sites. WH Now disclaims any liability for links (1) from another site to this Website and (2) to another site from this Website. We cannot guarantee the standards of any site to which links are provided on this Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third-party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, We are not responsible for any form of transmission received from any linked site. Any reliance on the contents of a third-party site is done at the User’s own risk and the User assumes all responsibilities and consequences resulting from such reliance.
6. CONDUCT
i. Your use of the Services and conduct on the Website must comply with applicable laws. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to You.
ii. You are responsible for Your activities on the Website. In addition to any restrictions in the Terms of Use, You agree that You will not:
a. engage in any activity that would require WH Now to obtain licenses from or pay royalties to any third party;
b. impersonate another person or otherwise deceive or mislead others about the origin of the content or information; or
c. abuse WH Now’s resources.
iii. You acknowledge and agree that WH Now has the right to report any and all suspicious or illegal activity which shall come into WH Now knowledge, to the appropriate legal or police authorities without notice to You.
7. INTELLECTUAL PROPERTY RIGHTS
i. The Website, contents and Services are owned and operated by WH Now. All content or other material available on the Website, including but not limited to video, presentation materials, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files, are the property of WH Now and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Website is the property of WH Now and is protected by Indian and international copyright laws.
ii. WH Now logos, trademarks and service marks that may appear on the Website (“WH Now Marks”) are the property of WH Now or its affiliates and are protected under Indian and foreign laws. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, WH Now owns all intellectual property rights to and into the trademark “WH Now” and the Website including, without limitation, any/all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. In addition, elements of the Website are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Website.
iii. Nothing on the Website shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to WH Now, to the User.
iv. Certain contents on the Website may belong to third parties, You recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such third party and You are not permitted to use the same without the consent of the respective third party.
8. SYSTEM REQUIREMENTS
WH Now Services including the Website and content, are compatible only with certain devices/tablets/instruments/hardware with high-speed internet and certain software. WH Now shall not be obligated to provide workable services for any instruments that are not recognized by WH Now or which are not compatible with the WH Now Services. WH Now reserves the right to upgrade the type of compatible devices as required from time to time.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
i. Users shall access the Website voluntarily and at their own risk. WH Now shall to the fullest extent permitted by law, under no circumstances, be held responsible or liable on account of any direct, indirect, incidental, special, punitive, consequential loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity from any (i) errors, mistakes, or inaccuracies of the content available on the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and/or use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, trojan horses, malware or the like, which may be transmitted to or through our Website by any third party, (v) use of any Service and/or (vi) any errors or omissions in any content for any loss or damage of any kind incurred as a result of Your reliance on or use of any content emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not WH Now is advised of the possibility of such damages. It is expressly understood that WH Now shall have no liability under these Terms of Use or otherwise.
ii. Users shall be solely responsible for any consequence which may arise due to their access and use of the Website, including conducting an illegal/fraudulent act or non-conformity with these Terms of Use and WH Now Policies in relation to the Website.
iii. You agree to defend, indemnify and hold harmless WH Now, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website; (ii) Your violation of any term of these Terms of Use or WH Now Policies ; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website has caused damage to a third party.
iv. In the event of Your breach of these Terms of Use, You agree that WH Now will be irreparably harmed and may not have an adequate remedy in money or damages. WH Now therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. WH Now’s right to obtain such relief shall not limit its right to obtain other remedies.
10.SUSPENSION
i. You agree that WH Now, in its sole discretion, may suspend Your use of the Website with or without reason, including, without limitation, if WH Now believes that You have (a) breached the Terms of Use; or (b) infringed the intellectual property rights of WH Now or its affiliates; or (c) violated any applicable laws; or (d) used the Website in a way which disrupts our business operations or affects any other party; or (e) violated or acted inconsistently with the letter or spirit of these Terms of Use or WH Now Policies or any other applicable code of conduct or policy issued by WH Now.
11.WARRANTIES
i. The information and content on the Website are provided on an “as is” and “as available” basis for Your use, without any representations, warranties or conditions of any kind, either expressly or implied, including all implied warranties or fitness for a particular purpose, durability and WH Now assumes no liability for the accuracy or completeness or use or non-obsolescence of any information on the Website. WH Now shall not be liable to update or ensure continuity of information or content contained on the Website. WH Now would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information or content on the Website. WH Now makes no warranties that the (i) Service will be uninterrupted, timely, secure or error free; (ii) the quality of services and information will meet your expectation.
ii. From time to time the Website may also include links to other website(s). These links are provided for Your convenience to provide further information. They do not signify that WH Now endorse the website(s). WH Now assumes no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without WH Now’s prior written consent.
iii. WH Now reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither WH Now nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
iv. In the preparation of the Website and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, WH Now disclaims any responsibility for any errors and accuracy of the information that may be contained on the Website. Any feedback from User is most welcome to make the Website and contents thereof error free and user friendly.
v. While WH Now has made efforts to train the personnel engaged in the Service relating to the Website to enable quality control, WH Now makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and WH Now reserves the right and discretion to take any action in this regard.
12.FORCE MAJEURE
WH Now shall not be responsible for any delay or failure of our performance of any of services or obligations caused by events beyond reasonable control, including but not limited to events such as act of war, hostility, or sabotage, natural disaster, electrical, pandemic, epidemic, internet, or telecommunication outage; or government restrictions or regulations.
13.GOVERNING LAW
The Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms of Use shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka and You hereby accede to and accept the jurisdiction of such courts.
14.MODIFICATION AND AMENDMENT
WH Now has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Further, WH Now has the right to amend these Terms of Use from time to time without prior notice to You. WH Now makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that WH Now shall not be liable to You or any third party for any modification, of the Website.
15.COMPLAINTS
WH Now make all best endeavours to provide User with a pleasant experience. In the event, User have any questions, comments, complaints and requests regarding these Terms of Use or WH Now Policies, such User may address the same to the designated grievance officer in respect of the Website. Any complaints or concerns with regards to any content on the Website or any breach of the Terms of Use or WH Now Policies can be directed to the designated officer in writing through an email at support@warehousenow.in.
16.ADDITIONAL TERMS
i. Notice: All notices served by WH Now shall be provided via email . Any notice to be provided to WH Now should be sent to support@warehousenow.in.
ii. .
iii. Entire Agreement: The Terms of Use, along with the other WH Now Policies made applicable to the Website will govern Your access to or use of the Website.
iv. Assignment: You cannot assign or otherwise transfer Your obligations/rights under these Terms of Use, or any right granted hereunder to any third party. WH Now rights under the Terms of Use are freely transferable by WH Now to any third parties without the requirement of seeking Your consent.
v. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
vi. Waiver: Any failure by WH Now to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by WH Now of that provision or right.
vii. Relationship: You acknowledge that Your use or access of the Website, does not make You an employee or agency or partnership or joint venture or franchise of WH Now.
WH Now provides these Terms of Use so that You are aware of the terms that apply to your use or access of the Website. You acknowledge that, WH Now has given You a reasonable opportunity to review these Terms of Use and that You have read, understood and unconditionally agreed to them.