Introduction

These terms and conditions govern your use of the website ‘www.whatschatt.com’ (hereinafter referred as ‘website’) and the application by the name ‘whatschatt’ which is for download and use into your handheld instrument (hereinafter referred as ‘app’) (the website ‘whatschatt.com’ and the application ‘whatschatt’ are hereinafter collectively referred to as “whatschatt”). Ethenex Technologies Private Limited (hereinafter referred to as ‘company’) is the sole and exclusive owner of the whatschatt, owned and registered solely and exclusively in its name. By using whatschatt in any manner whatsoever and in any capacity whatsoever, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the whatschatt.

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform. Further, platform for the purposes of this documents means the whatschatt. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We often update the App, Website and Services offered therein. As a result, we may change/modify/ alter/ update/ add or discontinue any terms and conditions laid down herein. You can determine the applicable terms by referring to the “LAST UPDATED” legend above. It shall be your responsibility to check terms periodically for changes. Please check this page regularly to ensure you are familiar with the updated Terms & Conditions. By using whatschatt in any manner whatsoever and in any capacity whatsoever, it shall be deemed that you have seen the updated terms and conditions and consented thereto.

You agree to abide by the terms and conditions imposed by any licensors, suppliers including celebrities/ artists and information providers (“whatschatt Affiliate”), including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of products or services.

Notwithstanding anything contained herein, if you breach the Terms & Conditions or Privacy Policy or other rules and policies, we reserve our right to take any legal or other appropriate action including but not limited to denying or revoking access, referral to the appropriate authorities.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, or the relevant laws in your jurisdiction including minors, un-discharged insolvents etc. shall not be eligible to use the Platform and/or avail the Services. Any minor who wishes to use or contribute on the Platform, is required to conduct such transaction through his / her legal guardian or parents in accordance with the applicable laws.

You may only access the whatschatt and use the Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the whatschatt, Content and the Services in respect thereof.

You shall be responsible for maintaining the confidentiality of any username/access and password in the process of the use of the whatschatt and you shall be responsible for all activities that occur under your username/access and password. In addition, you will be financially accountable for all use of our Site and whatschatt by you and anyone using your password and login information.

Access to certain areas is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

Cookies

whatschatt uses cookies. By using the whatschatt and agreeing to these terms and conditions, you consent to whatschatt’s use of cookies in accordance with the terms of whatschatt‘s privacy policy / cookies policy.

Services and content posted on the whatschatt

The Platform, inter alia, provides a service to the users to access personalised content created by the Artists of the User’s choice as per the requests received from the users. Each of service offered by the Company shall be governed by these Terms of Use and any other additional terms specific to each of such service including as published on the Platform.

Through the Platform you may submit a request to avail a service which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the Platform and refunds will be initiated as per our Cancellation and Refund Policy for cancelled and rejected requests.

You understand and agree that we are not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, products, listings, links or information posted by you, other users, Artists or third parties on the Platform (“Content”). For the purpose of these Terms of Use, the “Content” shall also include any text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials that you may post, view, access or use through our Services or the Platform or the Artist may create pursuant to receipt of a request of the User.

You fully understand that any Content uploaded, submitted, or offered for publication by the Artists via the Services, shall be the content of the Artists. The Company does not review or modify any Content, except as stated here otherwise. The Company does not endorse any Content submitted via the Platform by any Artist, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with the Content. Notwithstanding the above, the Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, a request contrary to General Prohibitions upon receipt of claims or allegations from third parties or authorities), or for no reason at all. Your interactions with third parties, including the Users and the Artists, as the case may be, found on or through the Platform are solely between you and such third party. however, the Company may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with the Company if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. The Users agree not to contact or interact with any Artist except as expressly permitted through our Platform, in a case where the User intends to use the service of the platform. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Services or the Platform.

If you have a dispute with any third party over any Service, offering or interaction over the Services, you agree not to make any claim of any kind or nature against the Company or its affiliates, no matter whether such claims, requirements or compensation of damages are known, ensured or released.

You may view, download for caching purposes only, and print pages [or other content] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

All media files generated for clients will have whatschatt’s watermark over it.

Ownership Rights

Ethenex Technologies Private Limited is the sole and exclusive owner of the whatschatt, owned and registered solely and exclusively in its name. whatschatt and its licensors retain all right, title and interest (including all copyright, trademark, patent, logos, designs, trade secrets, and all other intellectual property rights) in whatschatt. whatschatt is protected by copyright, trademark, patent, trade secrets and other laws of worldwide, through the application of local laws or international treaties. Any and every unauthorized use, reproduction or modification of whatschatt would violate such laws. Subject to the limited permissions below, all these intellectual property rights are reserved.

Unless otherwise agreed, you agree not to:

Republish material from this website (including republication on another website).

Sell, rent or sub-license material from the website.

Show any material from the website in public.

Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

Edit or otherwise modify any material on the website. or

Redistribute material from this website [except for content specifically and expressly made available for redistribution].

Unless otherwise specified, all the Content made available through the Services is either generated by the User or the Artist. Although, the Company is not obligated to monitor access to or use of the Services or to review or edit any Content, the Company has the right to monitor the Platform generally and all account activity for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements. The Company will remove all Content submitted by you, if properly notified that such content infringes on another’s intellectual property rights. The Company has the right to investigate violations of these Terms of Use or conduct that affects the Platform and/or the Services. You agree to cooperate fully with the Company in any such investigation. The Company may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. If your Account shows signs of fraud, abuse or suspicious activity, or if we believe you have abused any privilege accorded to you as a participant in the Platform, supplied misleading information or made any misrepresentations to the Company in connection with the Platform or tampered with the Platform in any way or breached these Terms of Use, the Company may close or freeze the Account immediately.

Trademarks

”whatschatt” and all other Marks that appear, are displayed, or used, are registered or common law trademarks or service marks of whatschatt and whatschatt Affiliates. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from whatschatt the relevant whatschatt Affiliate, except as an integral part of any authorized copy of the Content.

Links to third party sites

The Platform and Services may contain links to other websites and online resources, including to payment gateways. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not assume or accept any liability or responsibility for any of the content that may be contained in any third-party sites or apps, links for which may be active or available on whatschatt. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Promotion and marketing offers

We may offer promotional offers from time to time, including discount codes, vouchers, coupons, T Cash, or account credits (“Vouchers”), that may be subject to expiration dates and such terms as listed therein at the time of purchase.

Subject to the additional terms of issue of such Vouchers, the following terms and conditions shall apply:

Vouchers may be applicable to all or select Users or some selected Artists, as detailed in the terms applicable in relation to such Vouchers.

Vouchers may be limited by time and/or purpose and/or use in accordance with the terms thereof. One voucher can’t be combined with other vouchers.

We offer Vouchers at our sole and absolute discretion.

Vouchers shall be subject to availability and we reserve the right to discontinue it at any time.

Vouchers are not transferable and cannot be redeemed for a cash payment to the purchaser in lieu of discount.

Vouchers offered may be subject to expiration dates and we retain the authority to alter such expiration dates at any point of time.

Vouchers may be provided in collaboration with the third parties as communicated by the Company and/or the applicable third party.

We reserve the right to withhold or remove credit from a user account or end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.

Rights and Responsibilities

Upon your continued compliance with these Terms of Use/ Terms & Conditions, you shall have a non-exclusive and a limited license to use a Service purchased on the Platform and the Content comprised therein, for permitted uses and for permitted duration and the User shall not acquire any title or ownership in the Services or the Content.

The User agrees that it will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Services and/or the Content, in whole or in part. For the avoidance of doubt, the license to use the Services and/or the Content does not include the right to create a derivative work, to make copies other than for your own personal use, or to use the Services and/or the Content in any commercial manner, except as agreed otherwise. If you breach any of the provisions herein, your license to use the Services and/or the Content is terminated with immediate effect and without further notice. The grant and continuation of the above licence is conditional upon your compliance with these Terms of Use or any app store provider from which you downloaded the Platform. You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Services and/or the Content. Without limiting any other rights or remedies available to the Company, any attempt to circumvent the Company may result in termination of your Account.

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to whatschatt a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to whatschatt the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or whatschatt or a third party (in each case under any applicable law). You must not submit any user content to whatschatt that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. whatschatt reserves the right to edit or remove any material submitted to this website, or stored on whatschatt’S servers, or hosted or published upon whatschatt in any manner. Notwithstanding whatschatt’S rights under these terms and conditions in relation to user content, whatschatt does not undertake to monitor the submission of such content to, or the publication of such content on, whatschatt. The content produce by the celebrity may or may not match with the script as given by the user at the time of booking, whatschatt would not be liable for any deviation from the original script as expected by the user. whatschatt is booking platform. We aggregate end users and vendors. whatschatt will have no liability in case of any accident / wrong doings / mishaps etc. happened at vendors end.

whatschatt may, from time to time monitor and review any information transmitted or received and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that whatschatt deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of whatschatt constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information, you grant whatschatt and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. whatschatt takes no responsibility and assumes no liability for any content posted or submitted by you, or for any response to such content. We value your feedback and appreciate your ideas and suggestions, but we may be unable to respond to the same.

Fees

whatschatt may charge a fee or commission for the service it provides when you purchase, book or reserve any products or services through whatschatt. Any such service fee is non-refundable. The same is subject to cancellation and rejection policy. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of whatschatt.

Privacy

We are committed to respecting your privacy and the privacy of all individuals using the Services. More information regarding how we may use your personal data can be found in our Privacy Policy. By using any of the services, you agree to the terms laid out in our Privacy Policy which is incorporated into these terms by reference.

Other services

whatschatt is also engaged in the activity of brand endorsement. For such service, whatschatt shall enter into a separate agreement with the parties, artists, brands etc. specifying the terms and conditions of services. The terms and conditions specified herein shall also apply mutatis mutandis to such services to the extent it is not inconsistent with the terms and conditions as agreed therein between the parties.

General Prohibitions

In addition to the prohibitions imposed on you under applicable law, you agree not to do or allow to do any of the following:

1. post, request for, upload, publish, submit or transmit any content that:

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.

violates, or encourages any conduct that would violate or could constitute or be considered an offense under civil, criminal, commercial, fiscal or terrorist laws, give rise to any tortuous liability, or otherwise violate any law for the time being in force in the place where you reside and/or where from you have accessed whatschatt.

is fraudulent, false, misleading or deceptive.

is unlawful, threatening, defamatory, libellous, obscene, indecent, pornographic or profane.

promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.

is violent or threatening or promotes violence or actions that are threatening to any person or entity.

promotes illegal or harmful activities or substances.

contains personal or contact information about any other person without their prior authorization. or

violates any content policies the Company has published for the Services.

threatens public health or safety. promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder.

threatens Critical Information Infrastructure as defined in Explanation of sub-section (1) of section 70 of the IT Act.

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation or use automated programs to start chats.

transmit any Trojan horses, worms, time bombs, or other computer programming routines or any code of a destructive nature that may damage, interfere or attempt to interfere with, intercept, the normal operation of whatschatt, or appropriate whatschatt or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party.

you shall not use any “deep-link”, “page-scrape”, “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 Platform, Services, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.

you shall not engage in advertising to, or solicitation of, other Users or the Artists of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

1. Encourage or enable any other individual to do any of the foregoing.

You shall not use or access whatschatt in any way that, in our reasonable judgment, adversely affects the performance or function of whatschatt, or any other computer systems or networks used by whatschatt , other users or members or otherwise access/invade/use whatschatt in any manner that may reasonably be considered by whatschatt to be a breach of its own right and privilege as the sole and undisputed holder of right, title and interest in and in relation to whatschatt and all the content hereof.

Restrictions

Access to certain areas of the said website/whatschatt is restricted. whatschatt reserves the right to restrict access to [other] areas of the said website/whatschatt, or indeed the entire website/ whatschatt, at whatschatt’s discretion.

If whatschatt provides you with a user ID and password to enable you to access restricted areas of whatschatt or other content or services, you must ensure that the user ID and password are kept confidential. whatschatt may disable your user ID and password in whatschatt’s sole discretion without notice or explanation.

Indemnification

You shall indemnify and hold whatschatt and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: Your use of the whole or any part of whatschatt, and or Your violation of any law or the rights of a third party, and/or Breach of this Agreement.

Termination

whatschatt, in its sole discretion, may terminate your password, account or use of the service and remove and discard any data within if you fail to comply with this Agreement. You may terminate your user account upon notice to whatschatt at any time. however, you will not receive a refund of any portion of your fees paid to whatschatt. Upon termination by whatschatt or at your direction, you may request a file of your data, which whatschatt will make available for a fee. You must make such request at the notification of termination to receive such file at the time of the cancelation request. Upon termination of an account, your right to use such account and the Service immediately ceases. whatschatt shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party. Upon such termination or suspension, you must immediately discontinue use of whatschatt, and destroy any copy you have made of any portion of whatschatt. Accessing whatschatt after such termination, suspension, or discontinuation shall constitute an act of trespass. whatschatt shall not be responsible to you to such suspension or termination.

Disclaimer of warranties

whatschatt and whatschatt Affiliates make no warranty of any kind regarding the Site, the whatschatt, Content, Products or Services, all of which are provided on an “as is” basis. whatschatt and whatschatt Affiliates expressly disclaim any representation or warranty that whatschatt will be free from errors, viruses or other harmful components, that communications to or from whatschatt will be secure and not intercepted, that the services and other capabilities offered from whatschatt will be uninterrupted, or that its content will be accurate, complete or timely. By offering any product or service on whatschatt, whatschatt is not endorsing or recommending the same.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, whatschatt AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Use of whatschatt is at your sole risk. whatschatt Affiliates who furnish products or services through whatschatt are independent contractors, and not agents or employees of whatschatt.

IN NO EVENT WILL whatschatt OR whatschatt AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITEDIRECTLY OR INDIRECTLY.

General Terms

Your acceptance of these Terms, and your use of whatschatt do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference. they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of whatschatt.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Force Majeure

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature, labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. If Force Majeure event takes place that affects the performance of our obligations under these terms of use our obligations under these terms shall be suspended for the duration of Force Majeure event.

Assignment

You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Disputes

By agreeing to these terms, you are bound by a legally valid contract with the said legal entity. If any dispute arises between you and whatschatt during your use of whatschatt or thereafter, in connection with and arising from your use or attempt to use whatschatt, the dispute shall be referred to arbitration by a single arbitrator who shall be nominated and appointed by whatschatt. The said person shall be a professionally qualified individual of standing and repute. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language. The said arbitration proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the relevant time. Subject to the exclusive jurisdiction of the appropriate courts situated at Mumbai, Maharashtra, India and exclusively to the substantive and procedural laws of India.

By using our services you consent to the above terms and conditions mentioned in this agreement. We may change this agreement from time to time. If we make any changes to this Policy, we will change the “last updated” date mentioned herein.

You understand and agree that you are solely responsible for periodically reviewing these terms and conditions.

Refund and Cancellation Policy

Our Policy for the cancellation and refund will be as follows:

The charges displayed on the website or the App are all inclusive. Such charges are displayed with the order). Charges shown in any foreign currency viz. USD etc. are only for indicative purposes and for your reference. Amount is charged in INR terms which is converted at the actual prevailing conversion rate while passing on the order to the payment gateway.

We accept most International and Indian Credit and Debit Cards and also offer other payment options.

If your request has not been completed within the Delivery Period (i.e. the expected date of delivery notified to you at the time of purchase) or has been rejected, we shall refund to you the purchase amount. Refunds shall be by way of and to the same payment method / platform as was used at the time of purchase and it will be initiated no later than 30 business days from notification of rejection or expiry of Delivery Period as the case maybe. Where purchases were made using international credit or debit cards or international payment options, the actual amount of payment or refund wherever applicable, may vary from the displayed price or refund amounts based on your card issuer’s or payment gateway policies and the rate of conversion. Any such difference in the conversion rate and any other charges shall be borne by the users.

If the standard time-frame as mentioned above has passed and you have still not received the refund, please contact your credit or debit card issuer or your bank for more information. In some cases where an international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank. Such charges shall be borne by the Users.

If you have any questions about our Returns and Refunds Policy or your expected refunds, please contact us at whatschatt.com