Terms & Conditions
1.1 www.waytomalls.com("Website") is an Internet based portal owned and operated by WayToMalls, a company registered under the laws of India, with its registered office at C-82, West Azad Nagar, Street No.1, Krishna Nagar, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by WayToMalls at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.4 WayToMalls agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. WayToMalls shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
2.1 The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by WayToMalls's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
3. Eligibility to Use
3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by the WayToMalls system by WayToMalls for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred by receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by WayToMalls through Your legal guardian in accordance with the applicable laws.
3.2 WayToMalls reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited by selling, trading, or otherwise transferring Your Account to another party.
4. User Account, Password, and Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify WayToMalls of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit by Your Account at the end of each session. WayToMalls cannot and will not be liable for any loss or damage arising by Your failure to comply with this Section 4.2. You may be held liable for losses incurred by WayToMalls 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.
4.3 The Website also allows restricted access to the Services for unregistered Users.
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), or WayToMalls has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WayToMalls has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5. Pricing Information
5.1 WayToMalls strives to provide You with the best prices possible on products and services You buy or avail of by the Website. The pricing details for purchase of products and services by the Website are detailed under the Terms of Offer For Sale.
5.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. 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. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. WayToMalls expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
5.3 WayToMalls shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by WayToMalls with our acquiring bank by time to time.
6. User Obligations
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by WayToMalls. 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, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content by other users that You may consider offensive, indecent or otherwise objectionable. WayToMalls disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensice and in accordance with applicable laws. Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
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 WayToMalls 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 WayToMalls, including any WayToMalls 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;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
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;
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works by, transfer, or sell any information or software obtained by the Website.
6.8 You agree and acknowledge that WayToMalls is not the seller of the products and the services and WayToMalls shall in no manner be deemed to be the seller of the products or services on this Website. WayToMalls is only facilitating purchase of the products or services by You by the vendor by providing the Services to You.
6.9 You agree that WayToMalls may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
7.1 Use of Materials
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, WayToMalls hereby grants You a non-exclusive, freely revocable (upon notice by WayToMalls), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
You may not modify or alter product catalogues or any other materials available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by WayToMalls.
7.4 Any purchase of the merchandise or Services by 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 Services or merchandize purchased is not transferrable to any third party for profit.
8. Usage Conduct
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 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.
8.4 WayToMalls shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by WayToMalls with our acquiring bank by time to time
9. Intellectual Property Rights
9.1 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 (collectively, the "Content") on the Website is owned and controlled by WayToMalls 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.
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of WayToMalls or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of WayToMalls, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Jasper Infotech owns all intellectual property rights to and into the trademark "WayToMalls", 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.
9.4 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 by WayToMalls or thirty party owner of such Content.
10. Third Party Content
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data by external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You by WayTo