Wyein. ("Wyein"), for your use of our online platform and service, which connects people selling items online ("Sellers") with people who want to purchase those items ("Buyers"). The platform and service are available at https://www.wyein.com (the "Site").To make these Terms easier to read, our online platform and service, the Site are collectively called the "Services."
at Buyer terms and conditions.
This Terms and Conditions governs any purchases you make through the Wyein.com Marketplace.
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY.
Wyein.com is fully owned and controlled by Stonezilla Enterprise.
These terms and conditions outline the rules and regulations for the use of wyein.com Website. wyein.com is located at:
Bhayander West, Thane Maharashtra - 401101, India
You must not:
Republish material from https://www.wyein.com
Sell, rent or sub-license material from https://www.wyein.com
Reproduce, duplicate or copy material from https://www.wyein.com
Redistribute content from wyein.com (unless content is specifically made for redistribution).
Making Marketplace Purchases
Wyein.com (“Wyein”) provides the Marketplace as a location for buyers to locate and purchase new
and used products from sellers that are independent of Wyein. When you make a purchase through
the Marketplace, you are purchasing the product from the independent seller and not from Wyein.
You agree that Wyein is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf. Wyein reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
YOUR CONTINUED USE OF THE MARKETPLACE FOLLOWING ANY SUCH REVISIONS TO THE TERMS AND CONDITIONS
OR SUCH POICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, INCLUDING THE
ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN “GOVERNING LAW AND ARBITRATION”
SECTION BELOW TO RESOLVE ANY DISPUTES WITH WYEIN (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO
SMALL CLAIMS COURT). IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE MARKETPLACE AND ASSOCIATED SERVICES.
What We Do and What We Don’t Do
Wyein is a technology services and platform provider and not a retailer. Through the Services, we offer a technology service and platform to allow Buyers and Sellers to connect. Sellers can sign up to the Services and offer their items for sale, including through an auction, by posting a listing (“Listing
”). Buyers can sign up to the Services if they want to bid on and/or purchase such items.
We do not sell any items ourselves. Our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform.
We use third party companies to process payments by Buyers and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Listing, we do so as an agent of the applicable Seller.
Your access to the Services, your participation in any auction or bidding on the Services and your purchase of any items through the Services are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.
Agreement to Terms
By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Use of the Services
You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the Indian Government or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Wyein provides are always evolving and the form and nature of the Services that Wyein provides may change from time to time without prior notice to you. In addition, Wyein may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.
In order to use certain Services (for example, to bid on or purchase items), you will need to register with Wyein, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. You may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of Wyein. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.
By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.
You may also link your Wyein account with your account on third-party sites, such as Facebook
(such account, a “Third-Party Account
”). If you provide your Third-Party Account credentials to us or otherwise link your Wyein account with a Third-Party Account, we’ll extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.
Registration; Customer Accounts; Use of Site
Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify Wyein immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Wyein or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by Wyein in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.
You also agree that Wyein may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.
You agree that Wyein will not be liable to you or to any third party for termination of your
access to the Site.
By establishing a My Account with us, and each time you make a purchase through our Site, you
grant permission for Wyein to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at
or follow the opt-out procedures set forth in such marketing emails.
No Endorsement; No Employment
We welcome all Sellers to apply to sell on Wyein, as long as you are selling or offering to sell items that aren't illegal and comply with these Terms. However, we don't endorse any Sellers or any items they may offer for sale through the Services. Posting a Product on the Services does not mean you or your items are endorsed by us in any way. We reserve the right to conduct background checks on any seller and you agree to cooperate with us and to provide us with all information we request from you in the event that we decide to conduct a background check on you. We're not responsible for any damage or harm resulting from your communications or interactions with a Buyer. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyers or other third parties will be limited to a claim against the Buyers or other third parties who caused you harm and you agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to such actions or omissions.
Sellers are not employees, agents or otherwise contractors of Wyein and we do not, in any way, supervise, direct, or control a Seller. Nothing in these Terms will be construed as establishing an employment or agency relationship between Wyein and you or any of your personnel. You have no authority to bind Wyein by contract or otherwise.
If you use the Services to sell items, you agree to abide by rules and policies which are described in detail on the Wyein site ("MERCHANT AGREEMENT
"), which are hereby incorporated by reference. In the event of any conflict between the text in these Terms and Conditions and the MERCHANT AGREEMENT, the MERCHANT AGREEMENT will govern. If you do not agree to these MERCHANT AGREEMENT, do not post Products for sale. Failure to comply with any of the MERCHANT AGREEMENT may result in your account being suspended or banned from participating in the Services.
When you create a Product you will need to provide certain information about your item, including a description, "Buy Now" price, expected shipment date, and shipping costs (if any), warranty (if any), and any other applicable terms of the sale. It is important that such information be complete and accurate. You agree that you are responsible for all Products you post. We want to be able to publish as many Products as possible, but we reserve the right to remove a Product for any reason in our absolute discretion.
In the event of any conflict between the text in these Terms and Conditions and the MERCHANT AGREEMENT or Product Listing Guidelines, the conflict will be resolved in the following order of preference: (i) Product Listing Guidelines; (ii) MERCHANT AGREEMENT; and (iii) these Terms. If you do not agree to the Product Listing Guidelines and MERCHANT AGREEMENT, do not list items for sale. Failure to comply with any of the Product Listing Guidelines and MERCHANT AGREEMENT may result in your account being suspended or banned from participating in the Services.
On Wyein items can be sold either through an auction or as a "Buy Now" sale. Wyein requires all products to have a starting bid price ("Starting Bid
"). Most Wyein auctions have no reserve prices, you can set your own reserve prices as per your product pricing. Listing a product for sale represents a binding offer to sell your item at ("Starting Bid
") or any higher amount. If a Buyer wins the auction or elects to purchase an item through the "Buy Now" feature, they will be asked to pay the winning bid amount or the applicable "Buy Now" price (the "Sale Price
"). No sale will be deemed complete unless and until Wyein provides you with a confirmation of the sale through the Services (a "Confirmed Sale
Products and sales made through the Services are subject to payment of certain fees. The percentages and fixed amounts for the Fees for any Product or sale vary by seller and category. Unless otherwise stated, all Fees are quoted in Indian INR. The applicable Fees will be deducted from the payment of the Sale Price paid by the Buyer prior to the funds being released to your account.
The firm as such shall not charge any fee for providing webspace/display on website however for all such sales that are made/generated using the website https://www.wyein.com a commission shall be paid by the Vendor to the Firm. Flat commission rate will be displayed at time of seller account activation on merchant agreement page. The schedule can be amended to modify any rate of commission in respect of any product. Any amendment to such schedule will be express. The said schedule is to be treated as part and parcel of the agreement.
It is expressly agreed by the parties hereto that the Firm shall debit the amount of commission from the remittance to Vendor at the time of forwarding the order received from the end customer.
The parties will endeavor to perform reconciliation of accounts/orders every 90 days.
Subject to these Terms, the Services may facilitate payments to, and refunds from, Sellers.
Payments and refunds facilitated by the Services are processed by third parties. If, and to the
extent, Wyein accepts, holds or transmits funds in connection with your Confirmed Sale, you agree
that Wyein does so, on your behalf, as your limited agent and you hereby appoint Wyein as your
limited agent solely for the purpose of accepting payments from, and refunding payments to,
Buyers on your behalf. You agree that Wyein may use third parties to process payments, refunds or
payouts through the Services and that Wyein has no obligation to accept, hold or transmit funds
on your behalf. In accepting appointment as your limited agent, Wyein assumes no liability for
any of your acts or omissions. You agree that, in accordance with Wyein's refund policy
, the Buyer may
cancel a purchase and we may refund to the Buyer the amount specified in such refund policy.
When a Buyer pays you, the applicable Fees are automatically deducted from the payment before it is paid to you. Payment will be disbursed to you, provided that the aggregate amount to be disbursed to you exceeds INR 500, on a date selected by Wyein, after delivery of the item has been confirmed through the tracking information you provide in connection with shipment (as further described below). If delivery cannot be confirmed, orders will be marked as payable after 45 days and the order shows an acceptance scan from a carrier. Additionally, if a return request is opened by the Buyer prior to the payment being disbursed, payment will be held until the case is resolved. Wyein also reserves the right to withhold payments from sellers who violate seller policies, payments will be held until the seller and their account is compliant with all policies.
Wyein uses third parties, including Traknpay and Razorpay to originate credit transfers to your financial institution account. You expressly authorize Wyein's service providers Traknpay to originate credit transfers to your financial institution account. You also authorize Wyein and Wyein's payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by debiting or crediting your financial institution account.
Liability and Disputes
You understand and agree that we do not act as your insurer, broker, contracting agent or other representative, other than as noted in the Payments section above. If a Buyer purchases an item from you, any contract that you enter into with the Buyer, written or oral, will be between you and the Buyer only. You acknowledge and agree that you, and not us, will be responsible for performing the obligations of any contracts with Buyers, and we are not a party to such contracts and disclaim all liability arising from or related to such contracts.
Wyein does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does Wyein have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with Products. Wyein is not liable or responsible for defective items. If an item sold on Wyein is delivered in a defective condition, a Buyer's sole remedy is with the Seller.
If a Buyer has any concerns about you or your items, they may contact you through the Services or contact Wyein, which will reach out to you, to try and resolve their concerns. On the same note, if you have any concerns about a Buyer's purchase, you should contact Wyein.
Without limiting the foregoing, Wyein reserves the right in its sole discretion to resolve disputes between Buyers and Sellers. You agree that Wyein has the right to make the final decision in any dispute where Wyein chooses to intervene. If we resolve a dispute in the Buyer's favor, we may, but are not required to, issue a refund for up to the full cost of the item in dispute, including shipping, and require the Seller to reimburse us for the full amount refunded, including, in some cases, shipping costs. The foregoing paragraph states Wyein's entire liability and obligation to Buyers and Sellers in connection with any dispute between such parties.
You agree to ship items purchased by Buyers promptly after payment, but in no event longer than the processing date you indicate in your Product. Each shipment is required to ship with a valid tracking number.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT WYEIN WILL PROVIDE SELLERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO BUYER’S AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR "SHIP TO" INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT WYEIN SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER.
You may receive access to certain information concerning other Marketplace users when you use the Marketplace. You hereby represent, warrant and agree (a) not to use any information regarding other Marketplace users which is accessible from the Marketplace or that may be disclosed to you by Wyein, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Wyein deems unacceptable or objectionable.
While Wyein takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL WYEIN OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WYEIN WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages
”). You have control over the mail settings, and can opt in or out of these e-mails (with the exception of infrequent, important service announcements and administrative messages) by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.
If you provide your cellular phone number and agree to receive communications from Wyein, you specifically authorize Wyein to send text messages or calls to your phone. You are not required to consent to receive text messages or calls as a condition of using the Services and may opt out of such messages.
As used in these Terms, "Tax
" or "Taxes
" mean sales taxes, value added taxes (VAT), goods and services taxes (GST), and other similar municipal, state and federal direct, indirect or other withholding and personal or corporate income taxes imposed on a Seller or on amounts collected from Buyers.
As a Seller, you have to determine your own Tax reporting and payment requirements. You can do this in consultation with a tax advisor if you like. We do not and cannot offer Tax-related advice to any Sellers – we leave that to the experts! Please note that you are responsible for determining any applicable Taxes on your items or on the amounts collected by us on your behalf. We recommend considering potential Tax implications in selling on Wyein as you are responsible for accounting for all applicable Taxes from the Sale Price.
We are not responsible for determining the amount of, or invoicing Buyers for, Taxes.
You agree that you and buyer are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Marketplace purchase. Seller is responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that Wyein has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold Wyein harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
Changing or Cancelling Marketplace Orders
Once buyer have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. Wyein will not change or cancel any order made by buyer, including any change to shipping or billing information. Buyer will contact the seller for any changes or cancellations that he wish to make to your order. Buyer can cancel the order at any time using the cancel button listed in My Account page before the product is delivered. The seller’s contact information will be found in order detail located in buyer’s My Account or in the email we sent to buyer confirming your order.
You agree to pay the applicable Fees, to assume full responsibility for the content of your
Product and your items offered for sale. You agree to display information accurately about your Products, to ship items purchased by Buyers promptly after payment, to adhere to all Product Listing Guidelines and to respond to enquiries from Wyein in a timely manner. You will not list any items that are prohibited by law or are otherwise listed as prohibited in our article
What can't be sold on Wyein
. You will not engage with any bidders in manipulative or deceptive bidding, including shill bidding. You will not transfer your Wyein account, including feedback and your user ID, to any other party without our consent.
Marketplace Customer Service
Other than to verify that payment to you was completed, Wyein does not provide any customer support for any purchase made through the marketplace, and you agree that Wyein is not responsible to provide any such support. If you have any questions about the payment and buyer address, you can contact us for any customer support/assistance that you need. The buyer’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
You acknowledge and agree that each Confirmed Sale will be subject to Wyein's refund policy
If a Buyer cancels a Purchase and requests a refund after payment but before the Seller has
indicated that the item has been shipped ("Marked as Shipped
") the refund will be issued and the Seller will be billed if payment has been disbursed. In addition, if a shipment is refused, undeliverable as addressed or returned to you without being delivered, you agree to issue a full refund, and whole amount will be credited to buyer’s account and you won’t be paid for the service.
Full refund is issued shortly after an order is paid, the Purchase is voided prior to any Fees being billed. You issue a full refund after the payment has been disbursed to you, Wyein will reimburse the Buyer directly and you will be invoiced for any amount disbursed to you in connection with the sale, provided that Wyein will credit you for any Fees paid.
You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Wyein may publicly post your feedback without any payment or other obligation to you. You agree that Wyein may edit your feedback in any way that Wyein sees fit and that Wyein may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.
This Agreement shall begin on the date hereof. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. wyein.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of wyein.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws wyein.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Wyein.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to wyein.com a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. You may not threaten to withhold refunds in order to avoid negative feedback or receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user's rating. Feedback information submitted by a user may be made available through the Services to other users.
Use of Marketplace
You hereby represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. Wyein may exclude any buyer or seller, including you, from making purchases in the Marketplace at any time and for any reason. Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "BUY NOW" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because the products on Wyein.com are sold over the internet on a national basis, it is not possible to know if the products are sold at list price in any particular location or at any particular time. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Content; Copyright and Trademark Notice.
For purposes of these Terms: (i) “Content
” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content
” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. Content includes without limitation User Content.
All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Wyein 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Wyein may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. Wyein cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or Wyein, responsible for any inaccuracies.
Subject to your compliance with these Terms, Wyein grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.
All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of Wyein and its licensors.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Wyein's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Wyein reserves all rights not expressly granted hereunder. Wyein expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
WYEIN.COM is registered trademarks, trademarks or service marks of Stonezilla Enterprise or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Stonezilla Enterprise or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any Stonezilla Enterprise trademark or service mark without Stonezilla Enterprise express written consent is strictly prohibited.
You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding Wyein or the Services are entirely voluntary and are the sole and exclusive property of Wyein. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and Wyein is free to use them as we see fit and without any obligation to you.
Your User Content
Your User Content will be viewable by other users of the Services. You should only make available information or provide User Content that you are comfortable sharing with others under these Terms. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. Wyein is not responsible or liable for any use of your User Content by Wyein in accordance with these Terms. You represent and warrant that (i) you have all the rights, power and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any User Content submitted; and (ii) your User Content or your use and provision of your User Content to be made available through the Services does not violate any privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity or result in the violation of any applicable law or regulation.
You may request removal of your User Content from the Services at any time by specifically deleting it or sending a request to customer support. Some User Content cannot be deleted entirely as it may be needed for tax or other purposes by either Wyein or another user. If you choose to remove your User Content or cancel your account, your User Content will be removed from public viewing as soon as is practical, (although back-up copies may survive for archival and record keeping purposes), provided, however, in certain instances, copies of your User Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
For all authorized users irrespective of country of residence, by submitting, posting or displaying User Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) in connection with the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use your User Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the User Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with Wyein.
We may need to modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media and you hereby grant us the rights to do so.
Wyein claims no ownership of any User Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.
Wyein Ownership Rights
All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of Wyein and its licensors. The Services are protected by copyright, trademark, and other India’s laws. Nothing in the Terms gives you a right to use the Wyein name or any of the Wyein trademarks, logos, domain names, or other distinctive brand features. You may use the Wyein name or any of the Wyein trademarks, logos, domain names, or other distinctive brand features only in the event Wyein grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates the rights of Wyein or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding Wyein or the Services are entirely voluntary and are the sole and exclusive property of Wyein. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and Wyein is free to use them as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the Wyein Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of Wyein, its users and the public.
Unless you have been specifically permitted to do so in a separate written agreement with Wyein and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Wyein's computer systems, or the technical delivery systems of Wyein's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Wyein (and only pursuant to those terms and conditions, if any, that are applicable) unless you have been specifically allowed to do so in a separate agreement with Wyein; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wyein or any of Wyein’s providers or any other third party (including another user) to protect the Services or Content; or (vii) use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, without Wyein’s express written consent.
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Policy to Terminate Privileges for Copyright Infringement.
Wyein respects copyright law and expects its users to do the same. It is the policy of Wyein to disable and/or terminate, in appropriate circumstances, the accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
As per Indian Government law, Wyein will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Wyein and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Wyein will terminate the infringing customer's account. Wyein may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, Wyein, as an Internet “Service Provider” thereunder, has implemented procedures for receiving written notification of claimed infringements and for processing such claims. Wyein respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Wyein website, then please contact "Legal Department", at (+91-7021229710), e-mail, or mail at:
Attn: Legal Department, Stonezilla Enterprise
Email: [email protected]
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, without limitation, if you violate the letter or spirit of any of these Terms, or otherwise create risk or possible legal exposure for us.
Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Unless Wyein otherwise notifies you in writing, you agree to fulfill any Confirmed Sales that have not yet been shipped upon termination. Any payment for such Confirmed Sales will be subject to delivery being confirmed.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Wyein DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon.
We make no guarantee as to the duration or manner in which items appear on Wyein, whether in our catalog, at auction, or otherwise. Wyein is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that Wyein is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Wyein or through the Services, will create any warranty not expressly made herein.
Dispute Resolution Steps, Claim Process, and Refunds
If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Marketplace, you must contact the seller directly to attempt to resolve the problem. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order. Wyein will not mediate, disputes, or resolve the matter on your behalf.
WYEIN IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE MARKETPLACE. WYEIN HAS INSTITUTED A CLAIM PROCESS TO ASSIST YOU WITH CLAIMS THAT YOU MAY HAVE WITH THE SELLER. BECAUSE THE MARKETPLACE ALLOWS YOU TO MAKE THE PURCHASE THROUGH THE WYEIN BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD TO THE SELLER, WYEIN CHARGES YOUR CREDIT CARD FOR THE SALE. ANY DISPUTE BROUGHT BY YOU THROUGH YOUR CREDIT CARD COMPANY AFFECTS WYEIN RATHER THAN THE SELLER. THEREFORE, YOU CANNOT SUBMIT A CLAIM IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGE. IN ADDITION, WYEIN MAY PREVENT FURTHER PURCHASES BY YOU THROUGH THE MARKETPLACE IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGES MADE THROUGH THE MARETPLACE.
You agree to indemnify, defend and hold harmless Wyein and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Marketplace Buyer Agreement, or your violation of any law, regulation or third-party right.
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE WYEIN AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.
YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT.
WARRANTY DISCLAIMER: THE WYEIN MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED ”AS IS.“ WYEIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WYEIN MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WYEIN MARKETPLACE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL WYEIN OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS MARKETPLACE BUYER AGREEMENT, YOUR USE OF THE WYEIN MARKETPLACE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE WYEIN MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE WYEIN MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE WYEIN MARKETPLACE OR THE WYEIN SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WYEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MARKETPLACE BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT WYEIN SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY WYEIN IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE MARKETPLACE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF WYEIN. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS MARKETPLACE BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. UNDER NO CIRCUMSTANCES WILL WYEIN’s TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED INR1000.
Waiver & Severability
The failure of Wyein to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Wyein’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wyein may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Wyein to you under these Terms, including those regarding modifications to these Terms, will be given by Wyein: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and any action related thereto are governed by the laws of India, without regard to or application of its conflict of law provisions or your state or country of residence.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra
Governing Law & Arbitration
The validity, construction and interpretation of this Terms and Conditions, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of India, excluding its conflicts of laws principles. You agree that any dispute, claim or controversy arising out of or relating in any way to the Wyein’s services or Sites or this Terms and Conditions or relating in any way to Marketplace or Sites shall be determined by binding arbitration. You further agree that the India’s Law shall govern the interpretation and enforcement of this Terms and Conditions to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and Wyein and Wyein waives its right to a trial by jury or to participate in a class action against you. This means that neither you or Wyein can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Wyein further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Terms and Conditions and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
No delay or failure by Wyein to take action under this Terms and Conditions shall constitute any waiver by Wyein of any provision of this Marketplace Buyer Agreement. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of Wyein’s successors and assigns. Any claim under this Terms and Conditions must be brought within one (1) year after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. Wyein may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions constitutes the complete and exclusive agreement between Wyein and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.