Terms of Service

Terms of Use - WebeCreator
Last Updated: January 1, 2018
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY "WEBECREATOR" . THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.webecreator.com (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY WEBECREATOR (COLLECTIVELY WITH THE SITE, THE "SERVICE").
1. ACCEPTANCE OF TERMS
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate WebeCreator's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by WebeCreator, each of which is incorporated by reference and each of which may be updated by WebeCreator from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by WebeCreator from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.
2. ACCESS
Subject to these Terms of Use, WebeCreator may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services WebeCreator performs for you, any applications or widgets offered by WebeCreator that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by WebeCreator, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
3. REGISTRATION AND ELIGIBILITY
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with WebeCreator and represent, warrant and covenant that you provide WebeCreator with accurate, truthful, and complete registration information (including, but not limited to your name ("Username"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your WebeCreator account.
You shall not:
1. provide any false personal information to WebeCreator (including a false Username) or create any account for anyone other than yourself without such person's permission;
2. use a Username that is the name of another person with the intent to impersonate that person;
3. use a Username or WebeCreator account that is subject to any rights of a person other than you without appropriate authorization; or
4. use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
WebeCreator reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your WebeCreator password. You shall never use another user's account without such other user's prior express permission. You will immediately notify WebeCreator in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. WebeCreator may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
4. CONTENT
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. WebeCreator cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, "webposts", images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by WebeCreator on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."
5. WEBECREATOR CONTENT
The Service contains Content specifically provided by WebeCreator or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Use, WebeCreator grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from WebeCreator, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
6. USER SUBMISSIONS
We may use your User Submissions in a number of different ways in connection with the Site, Service and WebeCreator�s business as WebeCreator may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (�Third Party Media�). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant WebeCreator a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and WebeCreator's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to WebeCreator does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with WebeCreator.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that WebeCreator will not be liable for any errors or omissions in any Content; and that WebeCreator cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
7. RULES AND CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
2. you know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by WebeCreator in its sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
5. other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without WebeCreator's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6. contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of WebeCreator or any third party;
7. impersonates any person or entity, including any employee or representative of WebeCreator;
8. includes anyone's identification documents or sensitive financial information; or
9. breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
If the User Submission includes a photograph, WebeCreator's policy will apply. WebeCreator has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
1. take any action that imposes or may impose (as determined by WebeCreator in its sole discretion) an unreasonable or disproportionately large load on WebeCreator's (or its third party providers') infrastructure;
2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
3. bypass any measures WebeCreator may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
4. run any form of auto-responder or "spam" on the Service;
5. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
6. harvest or scrape any Content from the Service;
7. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by WebeCreator;
8. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
9. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
10. otherwise take any action in violation of WebeCreator's guidelines and policies.
WebeCreator does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. WebeCreator has no obligation to monitor the Site, Service, Content, or User Submissions. However, WebeCreator reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if WebeCreator is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. WebeCreator also reserves the right to access, read, preserve, and disclose any information as WebeCreator reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, 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 WebeCreator, its users and the public.
8. SPECIAL TERMS FOR 'ADD-TO-WEBECREATOR' LINK
If you include WebeCreator's 'Add-to-WebeCreator' Link ("Add-to Link") on your website, the following additional terms apply to you:
1. Subject to your continuous compliance with these Terms of Use, WebeCreator hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Add-to Link on a website for which you have proper authorization ("your website") so that users can post links or content from your website on the Service. You grant us permission to use and allow others to use such links and content on the Service.
2. Your license is subject to the following restrictions on use:
(a) you may not use the Add-to Link to facilitate your sale of access to the Service or any information therein without WebeCreator's prior written approval;
(b) you may not obscure or disable any element of the Add-to Link;
(c) your website title and other trademarks and logos must appear at least as prominent as WebeCreator's trademarks and logos in the Add-to Link;
(d) you may not display the Add-to Link in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by WebeCreator;
(e) you may not display the Add-to Link on any site that disparages WebeCreator or its products or services, infringes any WebeCreator's intellectual property or other rights, or violates any applicable law;
(f) you may not place the Add-to Link on sites that include content that would violate these Terms of Use if posted on the Service;
(g) you may not display the Add-to Link in a manner that does not permit successful linking to, redirection to the Service; and
(h) you may not insert any intermediate page, splash page or other content between the Add-to Link and the Service.
9. SPECIAL TERMS FOR WEBPOSTS
If you have a "storefront" on the Service, you also agree to the following:
1. Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavour (including non-profit organizations, political campaigns, bands, and celebrities).
2. You may only administer a Page if you are an authorized representative of the subject of the Page.
3. All Content posted on the Pages will be made available to all users of the Services.
4. You may not display any Content on your Page that is an ad or could be construed as an ad.
5. You may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page you administer.
6. Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
7. You will not direct your Page, or any Content on your Page, to children under the age of 13.
8. If you collect information about users, you will only use such information for your internal business purposes in connection with your use of the Service and in accordance with WebeCreator's Privacy Policy.
9. You will not use deceptive practices to get users to "like" your Page.
10. You are responsible for ensuring that your Page, including any Content you post on your Page, shall comply with all applicable laws, rules and regulations and these Terms of Use, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
11. A user can download the 'Merchant Updates' from the webposts as a SMS or email to his own mobile number of email id . The merchant should not use this for spamming users.
12. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
10. THIRD PARTY SITES AND SERVICES
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under WebeCreator's control, and you acknowledge that WebeCreator is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WebeCreator or any association with its operators. You further acknowledge and agree that WebeCreator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
11. TERMINATION
WebeCreator may terminate your access to all or any part of the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In case you have any issues with the product, the same should be reported during the demo period during business hours. No refund requests will be entertained after moving to a paid subscription and invoice being sent. Customer support will be available for the duration of the subscription of the paid product.
Any product of WebeCreator does not guarantee:
1. A specific amount of business.
2. A specific position on any search engines in a specific amount of time.
WebeCreator is a marketing tool that helps your business get discovered online on search engines and get more business. It does not guarantee a specific search engine position or amount of business.
12. WARRANTY DISCLAIMER
Save to the extent required by law, WebeCreator has no special relationship with or fiduciary duty to you. You acknowledge that WebeCreator has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release WebeCreator from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WebeCreator makes no representations concerning any Content contained in or accessed through the Service, and WebeCreator will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
WEBECREATOR, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
You shall defend, indemnify, and hold harmless WebeCreator, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of WebeCreator). WebeCreator reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with WebeCreator in asserting any available defences.
14. LIMITATION OF LIABILITY
ALL LIABILITY OF WEBECREATOR, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF WEBECREATOR, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE THOUSAND RUPEES (INR 1000).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBECREATOR, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT WEBECREATOR, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
1. INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
2. LOSS OF ACTUAL OR ANTICIPATED PROFITS;
3. LOSS OF REVENUE;
4. LOSS OF GOODWILL;
5. LOSS OF DATA;
6. LOSS OF ANTICIPATED SAVINGS;
7. WASTED EXPENDITURE; OR
8. COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WEBECREATOR�S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
1. DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
2. FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
3. ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
15. GOVERNING LAW
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and WebeCreator agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
1. These Terms of Use shall be governed by and construed in accordance with the laws of INDIA. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the INDIAN
PENAL COURTS or state courts located in Delhi in INDIA. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
16. INTEGRATION AND SEVERABILITY
These Terms of Use are the entire agreement between you and WebeCreator with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and WebeCreator with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, WebeCreator must provide you with written notice of such waiver through one of its authorized representatives.
17. Cancellation and Refund Policy
As we explain in this paragraph, No refund requests will be entertained after purchasing a paid subscription and the invoice being sent. Customer support will be available for the duration of the subscription of the paid product to assist you with any problems.. The only way to cancel your account is by submitting a ticket at WebeCreator.com with a valid detailed reason as to why you are cancelling your service. We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. Please Note that you cannot request and\or receive a refund in case if you have misunderstood a feature that is displayed on our website. It is your sole responsibility to clarify and confirm with us before you make a purchase. All Refunds are subject to verification process by our billing department and will take up to 30 days for return of payment.
THERE IS NO MONEY BACK GUARANTEE IF ANYONE VIOLATES OUR "ACCEPTABLE USE POLICY". ALSO PLEASE NOTE THERE IS NO MONEY BACK GUARANTEE FOR: New Website Design , Website Renewal , Mail Hosting Renewal , Any Setup Fees, Any Bank Transfer Charges, Domain Name Renewal/Registration/Transfer, Months Used In Contract, Shared Hosting Renewals, Bulk SMS , Bulk Mail , Voice Call & SSL Certificates .
New Shared Hosting Purchase : However, in accordance with our Money Back Guarantee the minimum usage deduction for any product is one month and if paid monthly the cancellation request has to be made within 48hours of payment and a full refund will be processed only for the current paid month. If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 2 days, then we will deduct the cost of the domain name from the money we refund you. The charge for domain name renewal/registration/transfer is non-refundable as you own the domain name for the paid term. Please understand that this is not simply because we refuse to issue a refund. Domain name renewal/registration/transfer is irreversible, making any money paid for the domain name non-refundable.
The refund will exclude 'Account Setup Fee' and number of months used in your contract. If you cancel your account after the money-back period, or after your account is renewed then unfortunately we will not be able to issue any refunds. WebeCreator also reserves the right to cancel your account any time with no-money-back, should an event occur in which proper evidence exists that a customer was exceptionally arrogant, rude or vulgar in communications with our staff.
18. MODIFICATION OF TERMS OF USE
WebeCreator reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. WebeCreator may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
19. MISCELLANEOUS
WebeCreator shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WebeCreator's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with WebeCreator's prior written consent. WebeCreator may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of this Site, Service, Content, User Submissions or Add-to Link, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
20. LANGUAGE
Where WebeCreator has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with WebeCreator.
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
21. CONTACT
You may contact WebeCreator at the following Email address: [email protected]