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TERMS OF USE

BY CLICKING ON THE “I AGREE” OPTION/ BUTTON, OR BY MAKING A PAYMENT AND BECOMING A USER OF SERVICES OF WISHUP TECHNOLOGY PRIVATE LIMITED, YOU (“USER”/ “YOU”/ “YOUR”) AGREE TO BE BOUND BY THIS AGREEMENT FOR TERMS OF USE (“AGREEMENT”/ “TERMS OF USE”). FURTHER, BY USING THE SERVICES OF WISHUP TECHNOLOGY PRIVATE LIMITED YOU ALSO AGREE TO THE COLLECTION OF YOUR INFORMATION AS SET OUT IN OUR PRIVACY POLICY, WHICH STANDS INCORPORATED INTO THIS AGREEMENT.

This electronic record is prepared as per the Information Technology Act, 2000 and the rules thereunder, as may be amended from time to time. This record is generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

Welcome to Wishup Technology Pvt. Ltd. (“Wishup”/ “Company”/ “we”/ “us”/ “our”). Wishup offers remote Virtual Assistants, Contractors or Consultants (“Service Providers”) who provide help with technical, non-technical and/ or specialised professional services for entrepreneurs, businesses and professionals (“Service(s)”). This page explains the terms of use for our online and/ or mobile services website, Application Programme Interface (API), and software provided on or in connection with the Services.

1. USE OF OUR SERVICES

1.1 Wishup is a platform to connect Users/ Businesses to Service Providers based on the Service Requests made by such Users. Wishup undertakes background checks on Service Providers and assures that the Service Providers are qualified to complete the Service Requests.

1.2 However, Wishup only provides Service Providers and does not exercise any control, direct or indirect, over the work which may be assigned to such Service Providers by the Users. The Service Providers do not act as agents or employees for Wishup and interact directly with the Users. Wishup does not promise any sort of performance guarantee with respect to the work done by the Service Providers, although as routine managerial work, Wishup provides adequate feedback and training to the Service Providers.

1.3 In order to fulfill tasks, the Users may require Service Providers to contact third party contractors or vendors (“Vendors”) in order to complete their Service Requests. Such Service Requests may require the Service Providers to contact, provide information to, and/or carry out purchases from Vendors on behalf of a User. Please note that none of these Vendors are employed by us, nor do they act as an agents for Wishup, and Wishup does not owe any liability with respect to the services provided by such Vendors.

1.4 Timings & Leave policy – The allocated Service provider will be working from 9 AM – 6 PM from Monday to Friday for the User. The timings may be modified on a mutually agreed basis between the Service provider and the User.
The Service Provider can take up to 22 leaves annually, divided into 15 Privilege leaves accrued every month and 7 Sick leaves. For details on National holidays, a list of days and dates will be shared at the beginning of the year.

2. LICENSE TO USE

2.1 Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal use only, commercial and non-commercial only. You are not allowed to sub-license the use of Services to any third party. You cannot rent, lease, loan, distribute, sell, assign, transfer or distribute the license granted by Wishup, or the Wishup Software to any third party.

2.2 Wishup’s website or mobile Software or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent.

3. WISHUP ACCOUNTS

3.1 Your Wishup account gives you access to the services and functionality that we may establish and maintain from time to time. Different kinds of accounts may be maintained for different Users. If you are operating an account on behalf of a company/ partnership or any other organisation, you represent and warrant to be the authorised representative of that organisation. The terms and conditions as contained in this Agreement would be equally binding on the company, partnership firm or other organisation that you represent and the reference to “User” and “you” would be understood accordingly.

3.2 The User shall be bound by the following obligations while maintaining and signing up for a Wishup account. Any breach of the obligations mentioned hereunder shall entitle Wishup to terminate the Agreement.

(a) The User warrants and undertakes that the information provided in its Wishup Account is true, correct and accurate.

(b) The User undertakes to provide complete information at all times and to keep the information up-to-date.

(c) The User undertakes that it will never use another User’s account without permission.

(d) The User shall be solely responsible for any activity that occurs on its account.

(e) By using our Services, the User gives us permission to access and use their information from that Service as permitted by the Service, and to store their log-in credentials for that Service

(f) The User shall not use the Services for illegal or unlawful activities

(g) The User shall pay for the Service promptly and without delay. Any delay in making payments shall make the User liable for interest at the rate of 12 per cent. compounded annually from the due date of payment until actual realisation.

4. CONFIDENTIALITY, NON-COMPETE AND NON-SOLICITATION

4.1 Your personal data and information is secure and protected in accordance with our Privacy Policy. Wishup also signs a confidentiality and non-disclosure agreement with all its Service Providers. Wishup will not incur any liability for any breach of confidentiality which is solely attributable to the Service Providers.

4.2 While using Wishup’s services, you are required to maintain confidentiality and interact with the Service Providers only to the extent necessary for the use of our Services. Wishup may unilaterally terminate this Agreement in the event there is a breach of confidentiality by the User.

4.3 You will not directly or indirectly solicit the Service Providers listed on our platform, through any other means of communication, whether engaged or not engaged by you for undertaking any assignment which has not been authenticated by Wishup. Wishup reserves the right to access the information shared between you and the Service Providers. Wishup reserves the right to terminate this Agreement in case there is unauthorised solicitation of Service Providers.

4.4 Please note that any breach of confidentiality, non-solicitation and non-compete obligations as mentioned above will make you liable for appropriate legal action, the risk and costs associated with which would be solely borne by you.

5. PROHIBITED ACTIVITIES

5.1 The following activities are prohibited under this Agreement and while using Wishup’s Services:

(a) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”

(b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services (except that Wishup grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Wishup Website or Application for the sole purpose of, and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

(c) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages;

(d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;

(e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(f) uploading invalid data, viruses, worms, or other software agents through the Services;

(g) collecting or harvesting any personally identifiable information or any information relating to personal data, including account names, email addresses, social media handles, profile pictures, phone numbers etc. from the Wishup Website or Application;

(h) using the Services for any commercial solicitation purposes;

(i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(j) interfering with the proper working of the Services;

(k) accessing any content on the Services through any technology or means other than those provided or authorized by the Services;

(l) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or

(m) using the Wishup website or mobile application to harass, abuse, harm another person or in order to contact, advertise to, solicit, or sell to another person other than Us without our prior explicit consent.

6. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

6.1 All content included on the Wishup website including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trademark, service marks, copyrights, photographs, audio, video, music and software, is the property of Wishup, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. Wishup exercises exclusive proprietary rights over the said content which also amounts to Wishup’s intellectual property.

6.2 The Users are prohibited from reproducing, copying, editing, publishing, creating derivative works, distributing, advertising, transmitting, displaying, licensing, renting, or otherwise infringing upon Wishup’s intellectual property and proprietary rights. Use of the Wishup Content for any purpose not expressly permitted by this Agreement is strictly prohibited and will make you liable for damages as well as prosecution under the law.

6.3 You cannot systematically extract/ re-utilise the contents of the Wishup website or mobile application without Wishup’s express written consent. You may also not create and/ or publish your own database that features substantial parts of this website without Wishup’s and / or its affiliates’ (as may be applicable) express written consent.

7. PAYMENT

7.1 While availing any of the payment method/s available on the Website/mobile application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

(a) Lack of authorization for any transaction/s, or

(b) Exceeding the limit mutually agreed by You and between "Bank/s", or

(c) Any payment issues arising out of the transaction, or

(d) Rejection/ Denial of transaction for any other reason/s

7.2 All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

8. BILLING AND CANCELLATION

8.1 Your subscription with Wishup will automatically renew at the end of each billing cycle, which could vary between 7 days to 365 days from the date of purchase of the subscription, depending on the kind of subscription. This means that you will be automatically charged for the Services for the next billing cycle. Wishup may also add new services for additional fees and charges, add or amend fees and charges for existing services, in its sole discretion. Any such change will become effective in the next billing cycle after notified you of the change.

8.2 The pricing of your subscription with Wishup would be increased by 10 per cent. after 12 months of completion of your subscription.

8.3 Pricing for each Service Professional may vary depending on the qualifications, skills and quality of Services provided by such Service Professional. The pricing of each Service Professional will be solely at Wishup’s discretion.

8.4 The User may make a request for replacing the Service Provider with another Service Provider possessing adequate qualification and skill. In case such a request is made, Wishup will make best efforts to replace the Service Provider within 15 days of making the request for replacement. No refunds would be made in case such requests for replacement are made.

8.5 In case the Service Provider leaves voluntarily, Wishup will replace the Service Provider with another Service Provider having similar qualifications, skills and quality of work output within 15 days. In case the User is not satisfied with the replacement Service Provider, they may cancel the subscription and shall be entitled to pro-rata refund of their subscription amount.

8.6 Please note that non-payment of dues for the subscription period will entitle Wishup to terminate the agreement with You. Please also note that Wishup will not be obligated to provide any services to you unless actual payment collection has taken place in favour of Wishup. You will also be liable for any loss or damages which Wishup may suffer on account of non-payment of bills.

9. REFUND POLICY

9.1 You may cancel your Wishup account or any Service Request within one month of the start of using Services. Upon such cancellation you will be entitled to pro-rata refund of the subscription amount.

9.2 For cancellation of Services after the initial period of one month, you would be required to provide advance notice for a period of two months prior to the date of cancellation of Services.

9.3 In the event that your account is suspended or terminated you will not be entitled to any refund for the services purchased, except as may be determined by Wishup in its sole discretion.

10. DISCLOSURE OF INFORMATION

10.1 Wishup may have to disclose the information that it collects about its Users as may be required under applicable laws. This information may include the identity of the persons providing information or materials on the Website. By using Wishup’s services, you authorise us to disclose any information about you to law enforcement agencies which may be necessary. Please read and understand the terms of our Privacy Policy regarding storage, processing and disclosure of your information.

11. WARRANTY AND LIABILITY

11.1 Wishup provides Services on an “as is” and “as available” basis. Use of the Service is at your own risk and without any warranties from Wishup, whether express or implied. Wishup and its affiliates will not be liable for any claim, injury or damage arising out of or in connection with your use of the Service.

11.2 Wishup does not warrant that the services provided by the Service Providers or by any third-party provider (as may be required by the User) would meet the User’s requirements and expectations. The dealings between the User and the Service Providers or Vendors/ third-party providers or are on a principal to principal basis. Wishup does not owe any responsibility for the interactions and the dealings between the User and the Service Providers or Vendors/ third-party providers.

11.3 Wishup or its affiliates will not be responsible or liable for any direct or indirect damages, legal action or other intangible losses arising out of the use of this Service by you. You understand the risks associated with using Wishup’s Services and undertake the risks of operating your account on Wishup.

11.4 Wishup will not be responsible or liable for any damages arising out of the unauthorised use of your account.

11.5 Wishup assumes no responsibility for any errors, mistakes, or inaccuracies of requests or content. Wishup will not be liable for any inaccuracy, error or unsatisfactory performance of service requests by the Service Providers or any Vendor/ third-party service provider.

11.6 Wishup will not be liable for the following: (i) Any interruption or cessation of transmission to or from the service; (ii) Any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (iii) The defamatory, offensive, or illegal conduct of any third party; and/or (iv) Any transaction or relationship between you and any third party provider including its breach thereof.

12. INDEMNITY

12.1 You shall indemnify and hold harmless Wishup, its affiliates, subsidiaries and their respective officers, directors, agents and employees from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use, Privacy Policy or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

12.2 You hereby expressly release Wishup and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

13. INTERMEDIARY LIABILITY

13.1 Wishup is an intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000. As such, Wishup exercises no control over the information that is shared between the Users and the Service Providers or between the Users and the Vendors. Users of the Service contract for services directly with Vendors – Wishup does not provide the Services directly. The Service is a communication platform for establishing connections between Users and Vendors. When a User or a Service Provider contacts a Vendor, the Vendor is acting on its sole behalf and is not a representative or agent of Wishup.

13.2. Wishup does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any product(s)/services provided by Vendor(s), nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Vendor in any manner. The Company makes no representation about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Vendors.

14. GOVERNING LAW AND EXCLUSIVE JURISDICTION

14.1 The terms of use contained in this agreement, the Privacy Policy and other documents incorporated herein shall be governed by the laws applicable to India.

14.2 Courts at New Delhi, India would have exclusive jurisdiction over any dispute or legal proceedings arising out of or in connection with this agreement.

15. DISPUTE RESOLUTION

15.1 You agree that any dispute or difference arising out of or in connection with this agreement shall be resolved by a sole arbitrator mutually appointed under the Arbitration and Conciliation Act, 1996, as amended from time to time. The decision of the arbitrator shall be final and binding. The juridical seat of arbitration would be in New Delhi, India.

16. ENTIRE AGREEMENT/ SEVERABILITY

16.1 This Agreement, together with any amendments and any additional agreements you may enter into with Wishup in connection with the Services, shall constitute the entire agreement between you and Wishup concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.

17. CONTACT

17.1 Please contact us at [email protected] with any questions regarding this Agreement.

This Agreement was last modified on December 15, 2019.