Best IT Company | Software Development Company Jaipur Ph#2721716

0141-2721716 info@wingstud-infotech.com

Terms & Conditions

THESE WEBSITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") ARE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS AND CONDITIONS DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING DOCUMENT BETWEEN YOU THE USER AND ‘WINGSTUD INFOTECH’ (BOTH TERMS DEFINED BELOW). THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UPON ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND ‘WINGSTUD INFOTECH’ FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms and conditions of the website located at the URL www.wingstud-infotech.com under the name and style " WINGSTUD INFOTECH " (the Website) is between Wingstud Infotech Private Limited (here in after referred to as " Wingstud Infotech " or " WINGSTUD INFOTECH " or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Wingstud Infotech offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE

These Terms and conditions together with the other policies of the Website available at the www.wingstud-infotech.com on the Website together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

1. General

1.1 Wingstud Infotech Private Limited is a company incorporated under the laws of India, having its registered office at 264, 3rd floor, Shri Krishnam Tower Muktanand Nagar, Gopalpura, Jaipur, Rajasthan India and having CIN No.U72900RJ2015PTC048002. Wingstud Infotech Private Limited is a Software development company.

1.2 These Terms and conditions are subject to revision by Wingstud Infotech Private Limited at any given point of time and hence the Users are requested to carefully read these Terms and conditions from time to time before using the Website. The revised Terms and conditions shall be made available on the Website. You are requested to stay informed in case of any updates of the Terms and Conditions. You can determine when Wingstud Infotech last modified any part of the Agreement by referring to the "Last Updated" legend provided in the document. It shall be Your responsibility to check these Terms and conditions periodically for changes. Wingstud Infotech may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.3 If there is any conflict:

  • between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
  • between the Additional Service Terms and any other part of these Terms and conditions, the Additional Service Terms shall take precedence in relation to that Service;
  • between these Terms and conditions and any other notices, disclaimers or guidelines appearing on the Website, these Terms and conditions shall take precedence but only to the extent of the conflict.

2. Services

2.1. The Website is an electronic platform in the form of an electronic shop built by Wingstud Infotech in order to sell services manufactured or directly of indirectly procured by them in order to resell and a platform for such other Users to accept the offer to books of the services by the "Winsgtud Infotech PVT LTD" and such other services as are incidental and ancillary thereto.

3. Eligibility

3.1. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services provided by us under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms and conditions with your parent or legal guardian, and in such a case these Terms and conditions shall be deemed to be a contract between Wingstud Infotech and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2. We reserve the right to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without providing any reasons for doing so.

3.3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

4. User Account, Password, and Security

4.1. You may choose to access and use the Website and the Services either as a registered user or as a guest user, as per your convenience. However, not all sections of the Website and Services will be accessible to guest users.

4.2. Registered users: Wingstud Infotech makes certain sections of the Services available to You through the Website only if You have provided us with certain required User information and created an account ("Account"). You can create Your Account on the Website through logging in by various third party websites using your user ID and password of various social media websites including but not limited to www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other website or any other Internet service as permitted on the Website ("Account Information").

4.3. You are responsible for maintaining the confidentiality and security of your personal Account Information, and are fully responsible for all the activities that occur under Your Account. You agree to (a) immediately notify Wingstud Infotech of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by us or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

4.4. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

4.5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete at a future date), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.6. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

4.7. To use this website, You may be required to provide certain personal information and we may collect and store such personal information. Your provision of, and Wingstud Infotech’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by our privacy policy, which is available at www.wingstud-infotech.com /privacy-policy ("Privacy Policy").

5. Payments related Information

5.1. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Products and Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account unless you possess permission of the owner of such payment instrument owner. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy.

5.2. In relation to Your making payments for using the services of the Company, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and we do not control the same and shall be liable for the same.

5.3. Payment Facility for my services: Wingstud Infotech may from time to time contract with third party payment service providers. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

6. User Obligations and Our Role

6.1. Subject to compliance with the Agreement(s), We grant You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

6.2. You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms and conditions); and (b) any applicable law.

6.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that Your access on the Website in accordance with clause 7.

6.4. You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5. If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.

6.6. When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content 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, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; threatens the unity, integrity, defense, 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 of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Wingstud Infotech server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Wingstud Infotech, including any Wingstud Infotech Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites; use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Wingstud Infotech or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India; violate the terms of the Agreement.

6.7. You agree that You are solely responsible to us and to any third party for any breach of Your obligations under these Terms and conditions or other Agreements and for the consequences (including any loss or damage which Wingstud Infotech may suffer) for any such breach.

6.8. Wingstud Infotech does not pre-screen User Content, if any is available at the website. We have no obligation to monitor any User Content. However, Wingstud Infotech at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if we determine in its sole discretion that such User Content is in violation of these Terms and conditions or any applicable law. Where Wingstud Infotech removes any User Content from the Website, Wingstud Infotech will make reasonable efforts to inform the user who had posted such User Content.

6.9. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.10. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.11. Any purchase of the services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, we reserve the right to cancel any orders that classify as 'Bulk Order' as determined by us as per our predefined criteria. Any rewards or benefits provided by us and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Wingstud Infotech for the purpose of identifying 'Bulk Order', including but not limited to:

  • a. Products ordered for commercial resale and not for self-consumption;
  • b. Multiple orders placed for same product at the same address;
  • c. Bulk quantity of the same product ordered;
  • d. Invalid address given in order details; or
  • e. Any malpractice used to place the order.

6.12. There may be certain orders that we are unable to process and must cancel. Some situations that may result in our inability to process shall include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.

6.13. In case you purchase multiple Products in one transaction, we shall try to deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

8. Intellectual Property Rights

8.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code, products (collectively, the "Content") on the Website is owned and controlled by Wingstud Infotech or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. We reserve the right to change or modify the Content from time to time at its sole discretion.

8.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Wingstud Infotech or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Wingstud Infotech or the third party that may own the Marks.

8.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Wingstud Infotech Private Limited owns all intellectual property rights to and into the trademark " Wingstud Infotech ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

8.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Wingstud Infotech or thirty party owner of such Content.

10. Disclaimer of Warranties & Liability

10.1. THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY Wingstud Infotech ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Wingstud Infotech MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wingstud Infotech OR THROUGH THE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wingstud Infotech WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Wingstud Infotech ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

10.3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW Wingstud Infotech WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Wingstud Infotech HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Wingstud Infotech NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Wingstud Infotech SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Wingstud Infotech SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Wingstud Infotech 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Wingstud Infotech IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Wingstud Infotech ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11. Indemnification and Limitation of Liability

11.1. You agree to indemnify, defend and hold harmless Wingstud Infotech, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

11.2. Wingstud Infotech may notify You of any claims which You shall be liable to indemnify Wingstud Infotech against. You will then be required to consult with us regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Wingstud Infotech without the express prior written consent of Wingstud Infotech which can be withheld or denied or conditioned by us in our sole discretion.

11.3. Notwithstanding anything contrary in the Agreement(s), Wingstud Infotech’s entire and aggregate liability to You under and in relation to these Terms and conditions or otherwise shall not exceed the greater of the amount of the product, if any, paid by You to Wingstud Infotech under the relevant order to which the cause of action for the liability relates.

11.4. Notwithstanding anything to contrary in the Agreement(s), in no event shall Wingstud Infotech, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Wingstud Infotech has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

12. Terms

12.1. The Agreement will continue to apply until terminated by either You or us as set forth below. If You want to terminate Your agreement with Wingstud Infotech, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Wingstud Infotech has made this option available to You.

12.2. You agree that Wingstud Infotech may, in its sole discretion and without prior notice to you of any kind, terminate Your access to the Website and block Your future access to the Website if Wingstud Infotech determines that You have violated the terms of these Terms and conditions or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Wingstud Infotech, for which monetary damages may be inadequate, and You consent to Wingstud Infotech obtaining any injunctive or equitable relief that Wingstud Infotech deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

12.3. In addition to Clause 12.2 above, Wingstud Infotech may, at any time, with or without notice, terminate these Terms and conditions (or portion thereof, such as any individual Additional Terms) with You if: Wingstud Infotech is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; The provision of the Services to You by Wingstud Infotech is, in Wingstud Infotech’s opinion, no longer commercially viable; Wingstud Infotech has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or In the event Wingstud Infotech faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

12.4. Wingstud Infotech may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

12.5. You agree that all terminations shall be made in Wingstud Infotech’s sole discretion and that we shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

12.6. Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until we choose to terminate them. Wingstud Infotech may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

13. Governing Law and Jurisdiction

13.1. These Terms and conditions and all transactions entered into on or through the Website and the relationship between You and Wingstud Infotech shall be governed in accordance with the laws of India without reference to conflict of laws principles.

13.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms and conditions, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Wingstud Infotech shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that any and all disputes shall be settled by arbitration by an arbitrator appointed by both the parties upon mutual agreement or by the Hon’ble High Court in accordance with the laws in force. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

14. Communications

14.1. When You use the Website or send emails or other data, information or communication to Wingstud Infotech, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. Wingstud Infotech will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

15. General Provisions

15.1. Notice: All notices with respect to these Terms and conditions from Wingstud Infotech will be served to You by email or by general notification on the Website. Any notice provided to Wingstud Infotech pursuant to these Terms and conditions should be sent to Grievance Officer at hardu.sarvesh@Wingstud Infotech.in.

15.2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Our rights and/or obligations under the Agreement are freely assignable or otherwise transferable by us to any third parties without the requirement of seeking Your prior consent. We may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. We shall have right to transfer Your Account and Account Information to a third party who purchases our business as conducted under the Website.

15.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, 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 Agreement shall continue in full force and effect. Wingstud Infotech may amend it in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms and conditions.

15.4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms and conditions or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

15.5. Force Majeure: If performance of any service or obligation under these Terms and conditions or other Agreement by Wingstud Infotech is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Wingstud Infotech or its third parties performing such services as sub-contractor to Wingstud Infotech and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Wingstud Infotech shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Wingstud Infotech shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

15.6. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Wingstud Infotech for the purpose of this Agreement shall be Sarvesh Hardu with email address: hardu.sarvesh@gmail.com. Wingstud Infotech may change the aforesaid details from time to time under intimation to You.

14. Communications

14.1. When You use the Website or send emails or other data, information or communication to Wingstud Infotech, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. Wingstud Infotech will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

16. Feedback and Information

16.1. Any feedback You provide to this Website shall be deemed to be non-confidential. Wingstud Infotech shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Wingstud Infotech is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Wingstud Infotech may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Wingstud Infotech for the feedback under any circumstances.

16.2. To clarify, Wingstud Infotech may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Wingstud Infotech shall not be obliged to do so. Further, in the event that Wingstud Infotech makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Wingstud Infotech, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.

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