BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Order By Whatsapp.com, (hereafter referred to “Order By Whatsapp” or "Our" or "us" or "We"), YOU (hereafter referred to "You" or "Your" or "Yourself") SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF Order By Whatsapp'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.orderbywhatsapp.com/pages/privacy_policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Order By Whatsapp Website.
Registration With The Site
In order to use the general services offered through Order By Whatsapp, You need not be a Registered User of the Site. However, certain sections of this Site require You to register with the Site. Such sections include uploading of pictures and posting of comments on the Site.
If registration is requested, You agree to provide us with accurate and complete registration information. It shall be Your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify us of any unauthorized use of Your registration or password.
Use of the Site / User Conduct
You shall not:
Use the Site or post or modify any Content to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person. You shall not use the Site or post or modify any Content to distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity or promotes physical harm.
Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person.
Post any Content that You believe to be false or misleading.
Use the Site or post any Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
Run any form of auto responder, mail list or spam on the Site or any processes that are run or are activated while you are not logged on.
Distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed.
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information and Content provided by us or obtained from us without obtaining Our prior express written consent. This restriction includes any attempt to incorporate any information provided by us into any other directory, product, or service.
Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
Cache or permit caching by any person.
Do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Site as provided, unless there is an explicit written permission from us to do so.
Use the Site or post any Content to store and/or display and/or publish any adult content, which without limitation includes all pornography, erotic images and messages, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to Our discretion.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, operability, availability, validity or reliability of any Content including any advertisements, advice, comments, ratings, listings and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site
Any references made by the Site to any names, marks, products or services of third parties or hypertext links to any third party site or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Site.
We act as a channel for the online posting, distribution and publication of user-submitted Content and have no obligation to screen communications or Content in advance and are not responsible for screening or monitoring any material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, We may investigate the allegation and determine in good faith and it's Our sole discretion whether to remove or request the removal of such communication.
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant us and Our affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Modification, Editing And Deletion Of Content
Only a Registered User of the Site will be able to post comments and additional comments on the Site till the time he is a valid existing user of the Site. Such Registered User agrees not to post, directly or indirectly, any comment that is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws in any way. The opinion as to whether such comment is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws shall be solely at Our discretion.
However, at no point of time, will a Registered User be able to modify, edit or delete any comment once posted by such user. All modification, editing and deletion rights shall be vested with us and will be at Our sole discretion.
Content submitted for publication on the Site may in Our discretion be edited, in whole or in part, for length, clarity, legal applicability and/or consistency.
The Site and the Content is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without our prior express written permission.
We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties and You. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the Site, which may also include technical inaccuracies or typographical errors.
We make no guarantee, nor do We take any responsibility for the Content including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
We reserve the right, in Our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
Linking To Third Party Websites
Links to external Internet sites could be provided within the Site as a matter of convenience to You. The listing of such external site does not imply endorsement of such site by us. We do not make any representations regarding the availability, reliability and performance of the Site or any of the external sites.
If You click on any advertisement banner, sponsor link, or any other external link from or available on the Site, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and We are not responsible for the content, functionality or technological safety of these external third party links/sites.
Linking To This Site
Linking of this Site can be solely undertaken for legal purposes. You may also connect deep links to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site only for legal purposes. You may mirror or frame the home page or any other pages of this Site on any other website or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at Our sole discretion without any prior notification to You.
ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED "AS IS" AND ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
Termination and Consequences
If You provide us with any information that is untrue, inaccurate, not current or incomplete, or We has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then We have the right to suspend or terminate Your access to the Site (or any portion thereof). Notwithstanding the above, We may at any point have the right to terminate Your access to the Site.
The failure of either party to exercise any rights provided for herein shall not be deemed a waiver of any further right hereunder.
Governing Law and Jurisdiction
Relationship of Parties
It is expressly agreed that We and You are acting hereunder as independent contractors.