This document is an electronic record in terms of the Information Technology Act, 2000, and the rules thereunder as applicable, including the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the domain name [wisherbag.com] (“Website”), including the related browser extensions, mobile site, and mobile application (hereinafter collectively referred to as “Platform” or "WisherBag Services" or "Services").

The Platform is owned and operated by Goldenleaf Technologies LLP, a company incorporated under the Limited Liability Partnership Act, 2008, with its registered office at Office No. 839, Vipul Plaza, Sector 81, Faridabad-121002, Haryana, India, and its branch offices at 10th Floor, Tower-B, Unitech Cyber Park, Sector 39, Gurugram-122003, Haryana, India (hereinafter referred to as "WisherBag").

Your use of the Platform and its services and tools is governed by the following terms and conditions ("Terms of Use"), which are applicable to the Platform, including the relevant policies incorporated herein by reference. If You transact on the Platform or use any of the WisherBag Services, You shall be subject to the policies applicable to the Platform for such transactions. By merely using the Platform, You shall be contracting with Goldenleaf Technologies LLP, and these terms and conditions, including the policies, constitute Your binding obligations with WisherBag.

For the purpose of these Terms of Use, wherever the context requires, "You", "Your" or "User" shall mean any natural or legal person who has agreed to become a user on the Platform by providing Registration Data while registering on the Platform as a Registered User using the computer systems. The term "We", "Us", or "Our" shall mean Goldenleaf Technologies LLP, operating as WisherBag.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE/WISHERBAG SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by WisherBag Policies (including but not limited to the Privacy Policy available at Privacy), as amended from time to time.

Membership Eligibility

WisherBag services are available only to persons above the age of 13 years. WisherBag reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to WisherBag's notice or if it is discovered that You are under the age of 13 years and using the Platform.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that WisherBag shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, ie, username and password of Your account with any other person, else it would be considered breach of this Terms of Use.

You agree to: (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify WisherBag of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to WisherBag, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

If You add or create wish lists, wish tags, or alerts on the platform, WisherBag is not responsible for the loss or deletion of any data. You cannot claim compensation for deleted data. WisherBag does not guarantee the security or backup of any user-generated data such as wish lists, wish tags, products saved in wish lists. You cannot claim compensation or take legal action against WisherBag if their data is lost or deleted.

You will have access to other apps owned by WisherBag group companies through the same login username and password. You agree to have single login access to all the apps owned by WisherBag group companies.

WisherBag is a free service, and we reserve the right to modify, suspend, or discontinue our Services at any time without liability.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Services

The Service provided by WisherBag allows users to create wish lists, track product prices, set alerts, compare prices across multiple online stores and explore deals from multiple e-commerce websites through our platform. We provide product information such as name, price, images, and descriptions via affiliate programs or through publicly available sources on third-party e-commerce platforms. The information provided by the Service is for general informational purposes only. WisherBag does not sell any products directly.

The Platform enables the users to explore products from multiple e-commerce websites and provides the links to third-party websites or services from here actual product can be purchased. The Platform does not allow Buyer and Seller to transact on the Platform. WisherBag is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

You acknowledge that the Service may contain links to third-party websites or services that are not owned or controlled by WisherBag. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You agree to use the Service at your own risk and that WisherBag shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Service.

WisherBag aggregates product details like name, price, image, and description from third-party websites. We are not responsible for any errors or discrepancies in this data. WisherBag does not sell any products directly, nor do we guarantee the accuracy of product information. We only aggregate product information for users' convenience. We are not responsible for any errors, omissions, or changes to product information as the details are sourced directly from sellers’ websites.

We may earn commissions when users click on product links and complete transactions on third-party e-commerce websites, but we do not control the prices, availability, or details of products displayed on WisherBag. These affiliate relationships do not impact the price users pay for products.

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. WisherBag does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers are by the Seller/Brand and not by WisherBag.

WisherBag does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services listed on the Platform. WisherBag accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

WisherBag is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. WisherBag shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

WisherBag does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users or Sellers or third-party e-commerce platforms. You are advised to independently verify the bona fides of any particular User or Seller or third-party e-commerce platform that You choose to deal with on the Platform and use Your best judgment in that behalf.

WisherBag does not at any point of time during any transaction between Buyer and Seller come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall WisherBag hold any right, title or interest over the products nor shall WisherBag have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. WisherBag is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Platform is only a platform that can be utilized by Users to reach a larger base to research products or services. WisherBag is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall WisherBag hold any right, title or interest over the products nor shall WisherBag have any obligations or liabilities in respect of such contract.

WisherBag is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Use of the Platform

WisherBag grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. WisherBag may require or include downloadable software (such as mobile application or browser extension) that are essential for accessing and using specific features. This software may update automatically on Your device when new versions or features become available. Depending on Your device and settings, You may have the option to adjust or disable automatic updates. You agree, undertake and confirm that Your use of Platform and Software shall be strictly governed by the following binding principles:

• You shall not Resell or make commercial use of our Services or content;
• You shall not Copy, modify, or distribute any part of WisherBag Services or its contents without prior written permission;
• You may not copy, modify, distribute, sell, rent, or lease any part of our software or Services;
• You shall not Use automated systems (bots, crawlers, etc.) to access or interact with our Services without authorization;
• 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 or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You may not reverse engineer, decompile, disassemble, or attempt to extract the source code, unless such actions are expressly permitted by law, or You have prior written consent from WisherBag;
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms WisherBag, Wisherbag, wisherbag.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of WisherBag or sellers on platform or otherwise tarnish or dilute any WisherBag's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or WisherBag's systems or networks, or any systems or networks connected to WisherBag.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of WisherBag and / or others.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
• WisherBag shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

You are responsible for maintaining the confidentiality of your account, including your username and password, and for all activities conducted under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. WisherBag will not be liable for any loss or damage arising from your failure to safeguard your account information or comply with these responsibilities. Any unauthorized use of the Platform or WisherBag Services will automatically terminate the license granted to You by WisherBag and may result in legal action. Additionally, WisherBag reserves the right to modify, discontinue, or update the software at any time without prior notice.

Business Uses of the Platform

If You are using the Platform on behalf of a business entity, that business agrees to these Terms. The business will indemnify and hold harmless WisherBag, including its affiliates, officers, agents, and employees, from any claim, lawsuit, or legal action arising from or related to the business's use of the Services, or any violation of these Terms. This indemnification includes any liability or expense resulting from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.

Product Information and Responsibility

WisherBag we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. It is Your responsibility to verify product details, prices, and availability on third-party platforms before making any purchasing decisions. WisherBag is not liable for any discrepancies between the information displayed on the Platform and the actual product details on third-party websites.

All product(s) details (price, name, image, description, etc.) displayed on the Platform are sourced from affiliate programs or through publicly available sources on third-party e-commerce platforms. While we strive to ensure the accuracy of this information, we are not responsible for any discrepancies or changes made by the sellers. However, we do not guarantee the accuracy, completeness, or usefulness of the information provided.

Any product details, deals, advertisements, or services displayed through the Platform that originate from third-party shopping portals or brands are the sole responsibility of the entities that provide them. While WisherBag may review this content to ensure compliance with our policies and applicable law, we are not responsible for the accuracy, legality, or ethical compliance of the content. In some cases, we may remove or refuse to display content if we believe it violates our policies, ethical standards, or legal obligations, but this does not imply a guarantee that all content is reviewed.

You release and indemnify WisherBag and/or any of its officers and representatives from any cost, damage, liability or other consequence of any mistakes or outdated information in product details, pricing, deals displayed on the Platform. If users identify errors, they should confirm the details directly with the sellers’ websites before making any purchasing decisions.

You release and indemnify WisherBag and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, WisherBag cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

User-Generated Content and Platform Contributions

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third-party user generated content and WisherBag has no control over such third-party user generated content as WisherBag is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without WisherBag 's express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You: (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

The Platform allows You to create and manage wish lists and wish tags. You are solely responsible for any wish lists, wish tags or other content You upload or manage through the Platform. WisherBag does not guarantee the maintenance or backup of Your data. You are advised to maintain your own records. In an unlikely event of deletion or corruption or loss of wish lists or wish tags or other data due to a system error or user actions, WisherBag cannot be held liable for the loss or damage. You cannot make legal claims against WisherBag for the loss, deletion, or corruption of such data.

By uploading or posting any Content on the Platform, You agree that WisherBag owns all rights to the Content, including but not limited to copyright and moral rights. You relinquish any claim or ownership over the Content, and WisherBag reserves the right to use, modify, or distribute the Content as it sees fit, without any further obligation to You.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Third-Party Advertising and Affiliate Relationships

WisherBag may display third-party advertisements and sponsored content on the Platform. These ads are tailored based on user preferences or browsing activities, but we do not sell users’ personal information to advertisers.

WisherBag participates in affiliate marketing programs, which means that we may earn commissions from qualifying purchases made through links on the Platform. We do not control the content, terms, products, pricing, services or availability offered by these affiliates. You should review the terms and privacy policy of the affiliate partners before engaging in any transactions.

By using these affiliate links or third-party advertisements and sponsored content, You acknowledge that WisherBag is not responsible for any disputes arising from purchases made through third-party platforms, including issues related to product quality, delivery, or returns.

WisherBag may receive compensation from third-party advertisers and affiliate partners for any purchases made via links on the Platform. However, we do not control or endorse any third-party content, and WisherBag is not responsible for the quality or legality of products or services sold through third-party links.

The Platform may contain links to third-party websites or services. These websites are not operated or controlled by WisherBag. We are not responsible for their content, privacy policies, or practices, nor do we endorse any third-party websites or services. You access and use third-party websites at your own risk. Any transactions between you and third-party websites, including the purchase of goods or services, are solely between you and the third-party. WisherBag is not responsible for any products, services, or content provided by third-party websites. Your interactions and transactions with third parties are solely between You and the third-party provider. WisherBag disclaims any liability for any loss or damage incurred as a result of your dealings with third parties, including the purchase or use of third-party products or services.

Customer Conduct

A) WisherBag fosters diversity, inclusion, equity and protect the individuals who are engaged with us as employees from any discrimination on grounds such as race, social origin, caste, ethnicity, nationality, gender, gender identity and expression, sexual orientation, disability, religion or belief, age or any other grounds.

B) WisherBag prohibits discrimination against our employees under any circumstances and on any grounds including on the basis of race, religion, caste, place of origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristics that may be protected under applicable law.

C) We reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any individual working with WisherBag in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

D) You are expected to treat all WisherBag employees with courtesy and respect.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. if You object to Your Information being transferred or used in this way please do not use the Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third-party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

WisherBag is committed to protecting Your personal data and employs reasonable security measures to protect against unauthorized access, disclosure, or destruction of personal information stored on the Platform. However, You understand and agree that no data transmission over the internet or electronic storage method is 100% secure, and we cannot guarantee absolute security.

Trademark, Copyright and Restriction

The WisherBag Platform is owned, operated, and controlled by Goldenleaf Technologies LLP. All material on this site, including images, illustrations, audio clips, and video clips (collectively referred to as "Content"), are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited and may result in legal action. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark, Copyright complaints

WisherBag respects the intellectual property rights of others. If you believe that your work has been copied or used in a manner that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement outlined below.

Notice of Infringement:
Please provide a written notification with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WisherBag to locate the material.
4. Your contact information, including your address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can submit your notice to WisherBag's designated Copyright Agent at infringement@wisherbag.com.

Intellectual Property

All intellectual property rights related to the Platform, content, software, and technology used by WisherBag are owned by Goldenleaf Technologies LLP. The Platform, along with all original content, features, and functionality, are and will remain the exclusive property of WisherBag. The Platform is protected by copyright, trademark, and other laws in India and other applicable jurisdictions. You may not use any of our trademarks, logos, or trade dress in connection with any product or service without prior written consent from WisherBag.

Using the Platform does not grant You ownership of any intellectual property rights in the Platform or the content You access through the Platform. You may not use any content from the Platform unless You have explicit permission from the rightful owner or WisherBag, or as otherwise permitted by law. These Terms do not grant You the right to use any branding, logos, or proprietary designs used within the Platform without prior written consent. Additionally, You may not remove, obscure, or alter any legal notices displayed on or within the Platform. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes.

Indemnity

You shall indemnify and hold harmless WisherBag, its owner, partners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third-party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including but not limited to infringement of intellectual property rights) of a third-party, or Any misuse of the Platform, including but not limited to unauthorized access, scrapping, or fraudulent activities.

You agree to cooperate fully in the defense of any such claim. WisherBag reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will assist and cooperate with WisherBag in asserting any available defenses.

Disclaimer of Warranties and Liability

This Platform, including all materials, content, products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, WisherBag does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate, or free from errors or non-misleading.

WisherBag does not guarantee the maintenance or backup of Your data. You are advised to maintain own records.

WisherBag will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. WisherBag does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. WisherBag serves as an affiliate platform, showcasing product information sourced from various e-commerce sites. WisherBag is not responsible for the accuracy, completeness, or legality of the information provided by third-party sellers or vendors. Any discrepancies or claims related to products are the responsibility of the respective seller.

As WisherBag is an affiliate-based platform, it does not sell any products directly and is not liable for any errors in product information such as price, availability, or delivery. WisherBag is not responsible for cancellations, refunds, or returns of any vouchers, purchases, or transactions made on third-party websites. For issues related to orders, you must contact the relevant seller or marketplace directly. If any errors arise due to discrepancies between WisherBag and third-party vendor data, we are not responsible for any loss or damages incurred by the user as a result of acting upon such information.

The Platform includes content aggregated from various eCommerce websites. We use algorithms and technologies to display product information, including product listings, prices, and deals. Since this data is sourced from third-party platforms, we cannot guarantee its absolute accuracy at all times.

By using the Platform, you agree that WisherBag is not liable for any product or service purchased through a third-party site linked from our Platform. You acknowledge that WisherBag is only an intermediary in providing product links and is not responsible for any issues arising from the purchase, including delivery, product defects, or legal restrictions.

You may be required to provide a valid phone number while interacting with certain features of the Platform, such as signing up for alerts or notifications. By providing your phone number, you consent to receiving communications from WisherBag, including but not limited to phone calls, SMS notifications, and mobile app notifications regarding updates related to wish list activity or general platform updates.

WisherBag makes no guarantee that the Platform or Services will be uninterrupted, timely, secure, or error-free. We may suspend, withdraw, or discontinue all or part of the Platform or Services without notice, and we are not liable for any unavailability. You acknowledge that access to the Platform and its Services may be interrupted or restricted during periods of maintenance, upgrades, or due to unforeseen technical issues.

WISHERBAG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PLATFORM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCT-RELATED INFORMATION (INCLUDING SOFTWARE), OR SERVICES OR PRICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE/THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

Limitation of Liability

To the fullest extent permitted by applicable law, WisherBag, Goldenleaf Technologies LLP, its affiliates, officers, employees, suppliers, partners, and distributors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, loss of profits, revenue, data, business opportunities, goodwill, or any other intangible losses arising from or related to:

• The use or inability to use the Platform or Services;
• Reliance on any information provided on the Platform, including inaccuracies, errors, or omissions in product information;
• The availability, quality, or delivery of products from external vendors or third-party websites;
• Any interruption, suspension, or termination of the Platform or Services.

IN NO EVENT SHALL WISHERBAG BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Where legally permitted, the total liability of WisherBag, its affiliates, officers, employees, suppliers, partners, and distributors for any claims arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall not exceed INR 1,000.

In no event shall WisherBag, its affiliates, officers, employees, suppliers, partners, or distributors be liable for any loss or damage that is not reasonably foreseeable.

Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law, including any non-excludable statutory rights that You may have as a consumer.

In any event, and to the extent permissible by law, WisherBag’s liability to You for all claims arising out of or relating to the use of the Platform or Services shall be limited to INR 1,000.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by gross negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Force Majeure

WisherBag shall not be held liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, war, pandemic, governmental actions, or other events of force majeure. In the event of such a delay, WisherBag’s obligations will be suspended for the duration of the event.

You acknowledge and agree that during such events of force majeure, WisherBag may be unable to provide services for an extended period, and You shall not be entitled to any claim for damages or compensation due to any service interruptions or delays caused by these unforeseen circumstances.

Profanity Policy

WisherBag prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, Seller pages, and all other areas of the site that may be viewed by another User. If the profane words are part of a title for the item being listed, we will 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

* Report offensive Display Names

* Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

WisherBag will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

• Limits placed on account privileges;
• Loss of special status;
• Account suspension.

WisherBag shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if WisherBag is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, WisherBag shall have the right to delete the customer review. WisherBag shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by WisherBag. WisherBag encourages its Users to be professional, courteous and respectful when communicating by email.

However, WisherBag will investigate and can take action on certain types of unwanted emails that violate WisherBag policies.

Such instances:

Threats of Bodily Harm - WisherBag does not permit Users to send explicit threats of bodily harm.

Misuse of WisherBag System - WisherBag allows Users to facilitate transactions through the WisherBag system, but will investigate any misuse of this service.

Spoof (Fake) email - WisherBag will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - WisherBag's spam policy applies only to unsolicited commercial messages sent by WisherBag Users. WisherBag Users are not allowed to send spam messages to other Users. Offers to Buy or Sell Outside of WisherBag - WisherBag prohibits email offers to buy or sell listed products outside of the WisherBag Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

WisherBag policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

Other Businesses

WisherBag does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third-party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third-party Platforms of Our affiliated companies and certain other businesses for which, WisherBag assumes no responsibility for examining or evaluating the products and services offered by them. WisherBag do not warrant the offerings of, any of these businesses or individuals or the content of such third-party Platform(s). WisherBag does not endorse, in any way, any third-party Platform(s) or content thereof.

Modifications and Termination

At WisherBag, we are committed to continuously enhancing our services. We may add or remove functionalities, features, or tools to improve user experience. However, WisherBag reserves the right to modify, suspend, or permanently discontinue any part of the Platform at any time, either temporarily or permanently, with or without notice. In the event permanent termination of the Platform, WisherBag will not be held responsible for any legal claims, loss of user data, or any other user impact resulting from the discontinuation of the Platform. All provisions of the Terms that by their nature should survive termination, such as ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect.

WisherBag reserves the right to suspend or terminate Your access to the Platform, with or without notice, for any violation of these Terms of Use or for any other reason deemed necessary by WisherBag. Upon termination, Your right to use the Platform and Services will immediately cease. Any data, content, or other information related to Your account may be deleted without further notice. However, termination will not affect the enforceability of provisions that survive termination, including but not limited to Indemnity, Limitation of Liability, and Intellectual Property. Upon termination or suspension of Your account, You forfeit any unused features, data, or credits associated with Your account, and WisherBag may, at its sole discretion, delete all related information, data, and content without further notice.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Faridabad.

These Terms of Use shall be governed by and construed in accordance with the laws of India. The place of jurisdiction for any legal matters shall be exclusively in Faridabad, Haryana.

Any disputes arising under or in connection with these Terms of Use, including their existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Indian Arbitration and Conciliation Act, 1996. The place of arbitration shall be Faridabad, and the arbitration proceedings shall be conducted in English. The arbitration decision shall be final and binding on both parties.

Arbitration is the preferred and required first step for resolving disputes unless prohibited by applicable law. Notwithstanding the foregoing, either party reserves the right to seek injunctive relief or other equitable remedies in any court of competent jurisdiction in urgent or exceptional circumstances. In the event that arbitration is not applicable or enforceable under the relevant law, disputes shall be subject to the exclusive jurisdiction of the courts in Faridabad.

Jurisdictional Issues/Use in India Only

Unless otherwise specified, the material on the Platform is intended solely for use within India. WisherBag make no representation that materials on the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and are responsible for compliance with local laws, if applicable. WisherBag is not responsible for providing services or handling claims for users accessing the Platform from other locations/Countries other than India, or ensuring compliance with local regulations outside of India.

Changes in Terms of Use

We may revise or update these Terms or any additional terms that apply from time to time, for example, to reflect changes in the law or updates to our services. You are encouraged to review the Terms regularly. Continued use of the Platform after the modification of these Terms constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue the use of the Platform.

In the event of significant changes to these Terms of Use, we will provide You with notice either through the Platform, email, or other means. Your continued use of the Platform after any such changes have been made constitutes acceptance of the updated Terms. If You do not agree to the revised Terms, You must discontinue use of the Platform and Services.

Contact Us

If you have any questions or concerns regarding these Terms, please write us at:
Email: legal@wisherbag.com
Address: Goldenleaf Technologies LLP / WisherBag,
10th floor, Tower-B Unitech Cyber Park,
Sector 39, Gurugram-122003

You can reach our customer support team to address any of your queries or complaints related to product and services by emailing us at support@wisherbag.com

By using the platform, you acknowledge that you have read, understood, and agree to these Terms of Use.

Last Updated: October 2024