TERMS AND CONDITIONS related to WOLOO Website & WOLOO APP
1. Your Agreement
2.1 Woloo’s Modifications
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Woloo Platform, the domain name (www.woloo.in), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Woloo in connection therewith are owned and operated by Woloo.
3.2 Provision and Accessibility of Services
4. Woloo Platform and Content
4.1 Use of the Content
4.1.2 If Woloo agrees to grant you access to the Woloo Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Woloo Platform in accordance with this Terms and Use. Woloo may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Woloo Platform.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Woloo Platform and the Content accessed through the Woloo Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Woloo Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Woloo’s Liability for the Woloo Platform and Content
4.2.1 Woloo cannot guarantee the identity of any other users with whom you may interact with in the course of using the Woloo Platform. Woloo cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Woloo Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Woloo be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Woloo Platform.
We continually optimize the Woloo Platform to provide you the best experience and may test different default sort order algorithms from time to time.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of the Woloo Platform belong to Woloo or have been licensed to Woloo for use on the Woloo Platform. This Woloo Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Woloo Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Woloo or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
7. Users Representations, Warranties and Undertakings
7.1 Use of the Woloo Platform and the Services
7.1.1 You represent, warrant and undertake to Woloo that you will not provide any User Submissions or otherwise use the Woloo Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Woloo’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Woloo; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Woloo reserves the right to remove any User Submissions from this Woloo Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Woloo is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Woloo Platform.
7.3.3 You are responsible for all of your activity in connection with using the Woloo Platform and/or the Services. You further represent, warrant and undertake to Woloo that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Woloo Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the Woloo Platform; (c) use the Woloo Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Woloo Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the Woloo Platform, or any processes that run or are activated while you are not logged on to the Woloo Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the Woloo Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Woloo Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Woloo Platform
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Woloo Platform and/or the Services.
8. Account Opening, Login Information and Security
8.1 Opening of the Woloo Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Woloo (“Woloo Account”).
8.1.2 In the account creation process, you will be required to enter a valid email address, mobile number and master password (the “Login Information”) to create and access your Account. You agree that you will supply accurate and complete information, and that you will update such information promptly.
8.1.3 The Website or Application does not store your master password on our servers so your passwords cannot be retrieved by anyone but you. If you forget your master password you will have to reset your account and setup a new one.
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Woloo and select a password and user name (“Woloo User ID”). If you are accessing the Services through a Third Party Website or service, Woloo may require that your Woloo User ID be the same as your user name for such Third Party Website or service.
8.2.3 You represent that you shall not: (a) Select or use as a Woloo User ID a name of another person with the intent to impersonate that person; or (b) Use as a Woloo User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Woloo reserves the right to refuse registration of or to cancel a Woloo Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
8.3 The following rules govern the security of your Account and Login Information:
8.3.1 You shall not share your Account and Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
8.3.2 In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us at firstname.lastname@example.org and modify your Login Information;
8.3.3 You are solely responsible for maintaining the confidentiality of your Login Information (including your master password), and for restricting access to your hardware device while logged into Password Confidential Premium;
8.3.4 You will be responsible for all activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you.
8.3.5 We can terminate your account or place your account on hold in order to protect you, Woloo or our partners from identity theft or other fraudulent activity.
9. Reviews and ratings - Further correspondence - Rights to User Content
9.1. By completing a registration / subscription, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review or rating form which we will send to you after you finish an activity. Leaving a review or rating is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe.
9.2. By posting a review or rating, you grant Woloo the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Woloo reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. By posting a review or rating, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
10. Free Trials
Your Woloo membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service.
11. Subscription and Membership:
11.1 Your Woloo membership will continue as per applicable plan as subscribed for, unless cancelled. All plans come with auto renewal options. To use the Woloo platform you must have Internet access and applicable device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method as auto renewal option.
11.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.
12. Payment Methods:
12.1 To use the Woloo service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
12.2. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
You can cancel your Woloo membership at any time, and you will continue to have access to the Woloo service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or nonavailed service facilities. Once you cancel your membership, your account will automatically close at the end of your current billing period or cycle and no payments will be processed further for your account. If you signed up for Woloo services using your account with a third party as a Payment Method and wish to cancel your Woloo membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Woloo service through that third party. You may also find billing information about your Woloo membership by visiting your account with the applicable third party.
14. Changes to the Price and Subscription Plans:
14.1 Woloo reserves the right to change its subscription plans and the price of its services from time to time; however, any price changes or changes to subscription plans will apply no earlier than 30 days following notice to you by email, App based notifications and as posted on Woloo platform.
14.2 Woloo reserves the right to require payment of any additional fees or charges for any Services offered by Woloo. You shall pay all applicable fees or charges, as described on the Woloo Platform or at respective oulets in connection with such Services selected or availed by you.
14.3 Your use, or continued use, of the Services offered by Woloo following such notification constitutes your acceptance of any new or revised fees or charges.
14.4 Woloo’s Rights and Obligations
14.4.1 Woloo reserves the right to deny and cancel any subscriptions, bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Woloo’s sole discretion.
14.4.2 Woloo intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
14.4.3 Whilst the Operators are required to provide Woloo with accurate and updated prices of the Services on the Woloo Platform, Woloo cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
14.5 The above terms and conditions & return policies are applicable to all Woloo users worldwide.
16.1 Woloo’s Indemnification
16.2 Woloo’s Involvement
16.2.1 Woloo may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Woloo without Woloo’s prior written approval. Woloo reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
17. Disclaimers and Limitation of Liability
17.1 Parties’ Relationship
17.1.1 Woloo has no special relationship with or fiduciary duty to you for accessing and using the Woloo Platform and the Content. You acknowledge that Woloo has no control over, and no duty to take any action regarding: (a) Which users gain access to this Woloo Platform; (b) What content you access via the Woloo Platform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
17.2 Services and Comments
17.2.1 You acknowledge and agree that the Operators may offer the Services on the Woloo Platform, and that suggestions or recommendations may be given by the Operators or Users of the Woloo Platform. Woloo makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Woloo Platform.
17.3 Exemption of Liability
17.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
17.3.3 This Woloo Platform, including all content, software, functions, materials and information made available on or accessed through the Woloo Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Woloo makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Woloo Platform or the materials, information and functions made accessible through the Woloo Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Woloo Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
17.3.5 You acknowledge and agree that you will not hold or seek to hold Woloo responsible for the content provided by any Operator or third party and you further acknowledge and agree that Woloo is not a party to any transaction in relation to the Services provided by any Operator or third party. Woloo has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Woloo Platform.
18. Interaction with Third Parties
18.1 Links to Third Party Websites
18.1.1 This Woloo Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Woloo, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Woloo of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
18.1.3 Woloo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Woloo will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Woloo harmless from any and all liability arising from your use of any Third Party Website.
18.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
18.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
18.2 Woloo’s Responsibility:
18.2.1 You agree that Woloo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Woloo is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Woloo, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
20.1 Termination by Woloo
20.2 Effects of Termination
21. Governing Law
Last updated on June 27, 2020.