User provides certain information through his/her use of weplantree website and services.
- Collection of the Received Information - When the user signs-up for registration to avail the services, they provide a valid email address, Name and Gender. Depending on the usage, the Website or Services, may also receive information from external applications that is used to access the Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- Website usage of User information – The user information so gathered is used by the Website to ensure their continued good experience on the website, including through email communication. Certain aspects of the passive information received by the website may also be utilized to track and improve the marketing and analytics, and for this, they may work with third-party providers.
- How User can protect their Information -User may choose to disable cookies in their web browser to disable the website from accessing any passive information when they access various technologies. Please be aware that the Company will still receive information provided by the user about self, such as user email address. If user chooses to terminate their account, the Company will store information about the same for the following number of days: 10 days. After that time, it will be deleted.
WEBSITE ACCESS –
Our website can be accessed globally. To facilitate this aspect, we store and distribute content and data in data centres, servers around the world which includes the user country of residence and outside. This infrastructure maybe controlled by the Company or other Third-party providers.
DATA LOSS –
The Company is not responsibility for the security of the User account or content. Use of the Website or Services is at User’s own risk.
The User shall defend and indemnify the Company and hold the Website harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the user’s use or misuse of the site, product or services, user’s breach of this Agreement, or their conduct or actions. The Company shall select its own legal counsel and may participate in its own defense, if the Company wishes.
MODIFICATION TO PRODUCT & SERVICES OFFERED –
We, weplantree reserve the rights at any time to update, modify, and discontinue (temporarily or permanently) the product or services with or without prior notice. You agree weplantree will not be liable to you or any other third party for the same.
The Company may terminate this Terms of Service with its User at any time for any reason, with or without cause under certain circumstances which will include terminating users access to the site through his/her account, and any associated email address. The causes for terminating shall include but not limited to –
- Violating or infringing on the intellectual property rights of the Company or a third party;
- Failure to comply with applicable laws or other legal obligations;
- Publishing or distributing illegal material;
- Non-payment of any fees owed by the user in connection with weplantree products & services;
- Termination on user request – self initiated termination by contacting weplantree requesting the same.
At the termination, any provisions that would be expected to survive termination by their nature shall remain in full force and effect which shall include –
- Barring access to all weplantree product & service offerings
- Deletion of all sign up details – passwords, files, user emails, and other associated content in the user account;and
- User shall agree that all terminations shall be carried out at the sole discretion of weplantree and we shall not be held liable to the user or any third party for the account termination.
DISCLAIMER OF WARRANTIES –
The User agrees that their use of the Website, weplantree products and Services is at their sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website, product or services will meet User needs or that the Website, product or services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the site or obtained through the Services. User agrees that any damage that may occur to them, through their computer system, or as a result of loss of their data from their use of the Website or Services is their sole responsibility and that the Company is not liable for any such damage or loss.
LIABILITY LIMITATION –
The Company, its employees, partners and licensors shall not be liable for any damages which might be direct, indirect, incidental, consequential or otherwise that may occur to the User as a result of their use of the Website, product or services.
THIRD PARTY BENEFICIARIES –
We may occasionally post links to third party websites or other services. The same shall be provided that weplantree is not liable for third party content, nor does it endorse the same. The Company shall not be held responsible or liable for any loss or damage caused as a result of the user’s use of any third party services linked to from Our Website.
GENERAL INFORMATION -
- LANGUAGE -
English language shall be the medium of all communications made or notices given pursuant to this Terms of Service.
- JURISDICTION, VENUE AND CHOICE OF LAW –
Through Your use of the Website, Product or Services, the user agrees that the laws of the Republic of India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between User and the Company, with the exception of its conflict of any of the provisions of the law. In case of any initiation of litigation specifically permitted under this Agreement, the Parties agree to submit to the personal jurisdiction with the laws of Republic of India and subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory in nature and not permissive. The User hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION –
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the courts in Bengaluru, Karnataka, India. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws of Republic India and State of Karnataka. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, claims based on Central and state laws of Republic of India, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a trial in regard to arbitral claims.
- ASSIGNMENT -
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by the User. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY -
If any court of law or a competent arbitrator upholds any part or sub-part of this Agreement invalid or unenforceable, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such circumstances, the remainder of this Agreement shall continue in full force.
- NO WAIVER -
In the event of the Company’s failure to enforce any provision of this Agreement, this shall not constitute as a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement shall not constitute a waiver of any other part or sub-part therein.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE –
As a result of this agreement, no agency, partnership, or joint venture has been created between the Parties. No Party shall have any authority to bind the other to any third parties.
- FORCE MAJEURE –
The Company is not liable for any such failure to perform resulting due to the causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- ELECTRONIC COMMUNICATIONS PERMITTED –
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email weplantree at the following address: [email protected]