TERMS AND CONDITIONS

These terms and conditions (“Terms & Conditions”) apply to the use of the “WeLog” web application developed by Digispace Ninja India Private Limited (as defined below) and to your use of the WeLog website hosted at https://welog.app or any service provided or facilitated by Digispace Ninja India Private Limited.

These terms and conditions are valid for all countries and cities where WeLog operates. (If applicable)

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms & Conditions for access or usage of WeLog.

The domain namehttps://welog.app(hereinafter referred to as `Website`), admin.welog.app, its subdomains and WeLog is owned by Digispace Ninja India Private Limited a company incorporated under the Companies Act, 2013 having its registered office at Office 204, Mangirish Apartments, Panjim, Goa-403001 (hereinafter referred to as `Company`).

GENERAL

• WeLog is developed, owned and managed by Digispace India Ninja Private Limited.
• By downloading or logging into WeLog you agree to adhere to these Terms & Conditions. If you do not agree to these Terms & Conditions, please deregister your profile and uninstall the WeLog.
• In these Terms & Conditions,
  • “WeLog” or “App” means the website.
  • “Company” or “we” or “us” means Digispace Ninja India Private Limited.
  • “Community” or “WeLog Community” includes all Users.
  • “Customer” shall mean any user who uses WeLog to manage their business.
  • “Customer Account” shall mean the account created whether by User or otherwise, in accordance with these Terms.
  • “Transaction” shall mean any transaction including the purchase of services online by Customer.
  • “Transaction Price” shall mean the cost of Transaction.
  • “User” or “You” or “Your” shall mean any legal person or entity accessing or using the WeLog.
  • “Vendor” shall mean any legal person, individual or entity accessing or using WeLog for displaying their products/services in WeLog.
  • “Code of Conduct” shall mean rules and regulations developed and followed by WeLog.
• The Company reserves the right to modify these Terms & Conditions at any time, without any notice to the Users. Any modification to these Terms & Conditions will take effect as soon as these changes are published. While the Company will endeavour to communicate the fact of modification of these Terms & Conditions to its Users, the modifications will take effect regardless of such communication.
• Any continued use will signify consent to the modifications.

STATUS OF WELOG

• WeLog is a software solution for the travel operator community which allows vendors to manage their bookings and maintain accounting and invoices amongst each other.
• WeLog offers a technological platform, information and a method to connect vendors and other vendors, accounting services, build loyalty and engage community.
• WeLog assumes no liability for the products or services except for providing technology platform, assistance in payment and delivery and customer support in addressing the queries related to the services. Any and all the transactions relating to the products or services are being rendered by Vendors with whom separate agreements have been signed by WeLog for service delivery.
• WeLog does not guarantee quality, performance, durability, efficiency of any products or services sold either directly or indirectly. The Customers shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before undertaking any transactions pursuant to these Terms and Conditions.
• WeLog and/or the Vendors and its officers, directors, employees, agents and affiliates will have no liability for sale, purchase, delivery, refund executed using the Platform.
• WeLog is not and will not act as an agent for any User.
• WeLog is not liable for any loss or damage incurred as a result of any User breaching WeLog’s Terms and Conditions.
• Any breach of these Terms and Conditions will give rise to immediate suspension of the User account in WeLog.
• WeLog reserves the right to temporarily or permanently disable any Users from using the WeLog, at any time and at its sole discretion.
• WeLog reserves the right to alter, modify, withdraw partially or complete the Terms and Conditions, at any time without prior notice.

PAYMENTS & REFUNDS

• While availing any of the payment method/s available on WeLog, we will not be responsible for any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: a) Failed authorisation b) Exceeding any limits set by Your bank c) Any payment failure or d) Any payment Decline due to any reason/s.
• Customer agrees to assume and take over all consequences and risk of performing transactions through the website and shall be solely responsible for any liability incurred by Issuer Bank in execution of any instruction issued through UPI. The Customer understands and agrees that such amounts once credited/debited to inadvertently cannot be reversed by the Customer or WeLog.
• All payments made against the purchases/services on WeLog by You shall be compulsorily in Indian Rupees (INR). We do not authorise any Transaction with respect to any other form of currency with respect to the purchases made.
• You hereby authorise WeLog or its Vendors or any of its service providers to collect, process, facilitate and remit payments electronically or through any other means such as Cash on Delivery in respect of transactions processed through WeLog.
• You understand, accept and agree that the payment facility provided by WeLog is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on WeLog using the existing authorised banking infrastructure and Credit Card payment gateway networks (the “Payment Facility”). Further, by providing a Payment Facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
• You understand, accept and agree that upon initiating a Transaction You are entering into a legally binding and enforceable contract with WeLog to purchase the products and /or services from Vendors listed in WeLog using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to WeLog using Payment Facility.
• The Customers shall be entitled to claim a refund of the Transaction Price (as a sole and exclusive remedy) in case the Customer does not receive the ordered product or services within the time period agreed in the Transaction or received an inferior or unsatisfactory product or service from the Vendor.
• Refund is at the sole discretion of WeLog. Refunds, if any, will be made via bank transfers in favour of the Customer as per the bank details shared by Customer over email. All refunds shall be made in Indian Rupees only and at no case more than the Transaction Price less charges deducted by Vendor.

DISCLAIMER OF WARRANTIES AND LIABILITY

• All the materials and products and services, included on or otherwise made available to You through this platform are provided on as is and as available basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, WeLog does not warrant that:
  • Availability of its services;
  • The information on WeLog is complete, true, accurate or non-misleading;
  • That specific performance of delivery of any service or products;
  • WeLog, their software, servers; or
  • Electronic communication sent from Us are free of viruses or other harmful components.
• By registering in WeLog, You agree to the sharing of Your phone number with us, You consent to be contacted by us via phone calls and/or SMS notifications, for promotions or order confirmations updates.
• WeLog reserves the right to cancel a Transaction, at its sole discretion, if the Transaction is found to be not acceptable to WeLog or the Vendor is unable fulfil the transaction.
• WeLog shall have the right to freeze the User account in the case of violation of these Terms and Conditions by any User.
• Notwithstanding anything to the contrary contained in these Terms, WeLog shall be entitled to accept or reject a User, for any reason whatsoever, at its sole discretion.

COMPLIANCE WITH LAWS

• Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act,1962 Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution (Regulation) Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the government of India applicable to them respectively for using Payment Facility of WeLog.

INDEMNITY

• WeLog is merely a platform provider and is not liable for any loss or damage that any User incur while using WeLog. WeLog also is not liable for the behaviour of Users or Vendors.
• Notwithstanding any terms in these terms and conditions and otherwise, WeLog expressly disclaims any warranty, express or implied, in respect of the platform, any transaction facilitated on the platform, reliability, and completeness of information. The WeLog and the Platform is provided on “as is” basis and all Users are required to conduct their own due diligence prior to using the services in the platform.
• Without prejudice to any other remedies that may be available, if WeLog reputation is damaged due to the negligent behaviour of a User, the User will reimburse for all loss, damage or costs that may be attributable to her or his action or inaction, regardless of whether such loss, damage or cost was foreseeable or direct.
• You shall indemnify and hold harmless the Company, its Vendors, owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms & Conditions, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

PRIVACY

• WeLog takes the privacy of our Users very seriously and is compliant with applicable privacy and data protection laws. For more details, please refer to our Privacy Policy.

INTELLECTUAL PROPERTY

• The intellectual property behind the content of WeLog, especially software, pictures, graphics, logos, source code, texts etc. (the `Intellectual property`) is owned by WeLog.
• The trademarks, logos and service marks displayed on the App (“Brand”) are the property of WeLog. You are not permitted to use the Brand without the prior consent of the WeLog.
• As long as you act in accordance with these terms and conditions and the WeLog Code of Conduct, we grant you a revocable, non-exclusive license for personal, non-commercial usage of the WeLog. You cannot grant any sub-licenses and you are not allowed to alter the content or to use them in any manner that is not expressly permitted by these Terms & Conditions and the Code of Conduct.

CHOICE OF LAW, JURISDICTION AND DISPUTE RESOLUTION

• These Terms & Conditions shall be governed by, construed under and enforced in accordance with the laws of India, without regard to any conflict of law provisions.
• Any controversies, conflicts, disputes and/or arising out of these Terms & Conditions shall be resolved by arbitration in Goa, India, in accordance with the Indian Arbitration and Conciliation Act, 1996. The tribunal shall consist of 1 arbitrator whose decision shall be final and binding.

FORCE MAJURE

• We will not be liable for any failure to perform any obligations due to any cause beyond reasonable control including, but without being limited to earthquake, terrorism, political riot or disturbance, invasion, war, threat or preparation for war, storm, flood, epidemic or natural physical disaster.

SEVERABILITY

• If any clause under the Terms & Conditions is held by the court of competent jurisdiction or arbitral tribunal to be unenforceable under the applicable law, then such clause would be excluded from the Terms & Conditions. The remainder of the Terms & Conditions shall be interpreted as if such clause is excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms & Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

• In the event we fail to enforce any provisions of these terms, this shall not constitute a waiver of any enforcement of that provision or any other provision. No waiver of any provisions of these terms will be valid unless the same is in writing and signed by us.

GRIEVANCE OFFICER

• In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
• Name: Ryan Prazeres
• Designation: Co-Founder & CEO
• Address: Office 204, Mangirish Apartments, Panjim, Goa- 403002
• Email: hello@welog.app
• Phone Number: +919822154972