Legal

Effective Date

This Agreement and the Privacy Policy shall at all times govern the use of the portal/application and its services, located at (https://wiggles.in) along with the policies which specifically apply to you the user and Sixth Sense Retail Pvt. Ltd. (SSRPL which owns Wiggles.in). This agreement has been executed and becomes applicable to you from the date on which you accepted it via the portal/application.

Alteration to Policies

Wiggles.in retains the right to alter the Terms of Operation at any time by posting the revised terms on the portal’s/application's home page. Wiggles.in at all times reserve the right to do so without giving you any prior intimation. You hereby forgo all your rights to be intimated in case of any change/alteration in the terms and conditions policy and if you continue to use the portal/application it is indicative of your acceptance of the revised terms of use. You must therefore verify the portal/application regularly for revisions and modifications that come posted online by clicking on the appropriate link. You will find a listing of all changes and their corresponding 'Effective Dates' as well.

Intellectual Property Rights

All content on the portal/application is protected by way of copyright and/or other intellectual property laws. Any unauthorized use of such intellectual property or information on the portal/application will be considered as infringement/piracy of Wiggles.in's intellectual property rights. From the logos of Wiggles.in to the graphics, designs, icons of buttons, scripts, service names, or even page headers for that matter, from the trademarks and trade outfits of Wiggles.in to domain names or email addresses are all property of Wiggles.in. Thus such property on the portal/application should not form part of the trademark or as part of domain names or email addresses unless and otherwise expressly and explicitly stated and authorized by Wiggles.in . Further, they cannot be linked to any merchandise, item, or service which is likely to lead to ambiguity in the customer’s mind. Above all, Wiggles.in does not consent to or bestow any rights or license of any kind to you under any copyrights, patents, trademarks, trade secrets, or any other intellectual property rights unless unequivocally and explicitly stated by Wiggles.in in writing.

Notifications

A general notification in your account record. By an email sent to your email address which you have registered with us at the time of signing on our portal/application or by the email id that has been updated by you on our records in your registration details. This notification will be deemed to have been sent to you upon the expiry of forty-eight hours after sending the electronic mail.

Membership and Access Bound by Local Restrictions

You undertake that all registration information tendered by you is truthful and authentic. Wiggles.in reserves its discretion to refuse access to or use of the portal/application to any individual and even change the eligibility criteria at any time. This provision would be deemed invalid wherever it's forbidden by law and the right to access the portal/application would be determined based on the age. In these cases, it is deemed that the adult in question takes responsibility for the operations of the minor on the portal/application.

The portal/application and all information and usage confined to it are not directed at or meant for use by individuals residing in or located in any zone where:

  1. The distribution of such information or operations therein is in contradiction to the prevalent laws in that region.

  2. Such distribution is forbidden without Wiggles.in obtaining the necessary licenses or permissions and these have not been availed of by Wiggles.in . It's deemed that you consent to and will abide by all the laws concerning online content and are proven and established as honorable and acceptable content.

Account Transfer: Under no circumstances can you transfer or sell your Wiggles.in account and user ID to another person or party.

The contract that you make when you register with Wiggles.in is a wholly personal agreement between you and Wiggles.in. If you are registered as a business entity then again, it will be deemed that you personally guarantee that you have the authority to bind the entity to this contract.

Limited License and Restrictions of User

You are allowed a non-exclusive, limited, revocable, non-transferable license to view, reserve, bookmark, download, and print the pages within this portal/application exclusively and only for your, informational, personal, and non-commercial use.

You are allowed to print pages and sections of the portal/application only for your personal and non-commercial use. However, such printouts must retain any markings indicating Wiggles.in's copyright over such material or other rightful notices.

Wiggles.in awards to you limited, revocable, non-transferable rights to look at, to save, to bookmark, download, or print pages within this portal/application for your personal, educational, and non-commercial or non-profit making use as expressly authorized by Wiggles.in in writing.

It is your responsibility for acquiring, reserving all furnishings, services, and other materials that you need to access this portal/application. Wiggles.in retains all rights that are not expressly stated in these terms of use.

Going by what is explicitly stated in this memorandum or as expressly communicated by Wiggles.in in writing, you may not:

  1. Loan out, ration or part with, publish or even republish, reproduce or divulge, transmit, present, sell, distribute or lease any part of the portal/application or any data for that matter to a third party. The portal/application cannot also be used as a ground for a directory or a database created for business reasons.
  2. Eliminate any watermark, copyright, trademark, or other rightful communications on the portal/application or on any material thereof.
  3. Reverse engineer, disassemble, decompile, decode, defragment any software used in furnishing, storing, admitting, serving, or even assessing or surveying the portal/application.
  4. Reach out to, download, manipulate information or databases, transfer data that encompasses the portal/application or parts of it using the conventions or interfaces other than those furnished by Wiggles.in as part of the portal/application.
  5. Employ any bunch of labor or outsourced workforce to operate on the portal/application in any manner. Employ any automated modes to contact users via the portal/application.
  6. Connect with users by means outside of the portal/application.
  7. Attempt to assert any sort of ownership right over the portal/application or any element thereof or do any such act that challenges Wiggles.in’s exclusive ownership over the portal/application.
  8. Commit any act that constitutes a breach of any privacy or data security laws.

Furthermore, you concede to the following:

  1. Not to subvert, intrude, break or abuse the portal/application or any of the services, system resources, accounts, servers, and networks that come connected to the portal/application or can be linked via the portal/application. Under no circumstances will you disturb or intrude in the affairs of any user or his engaging interests in the portal/application or affiliated or linked portal/applications.
  2. Not to deliver on to the portal/application or otherwise transmit via the portal/application any kind of virus, spam or malware, or harmful files.
  3. Not to exercise any sort of framing systems to snatch any of the trademarks, logos or content or other rightful data and content including images, layouts, and designs of the portal/application.
  4. Not to utilize any hidden text or tags when you use a Wiggles.in name, product, or trademark among more.
  5. Not to utilize any false personification on the portal/application.
  6. Not to gather or stock private information of others obtained via the portal/application without their prior consent.
  7. Not to try and gain access to parts of the portal/application which is restricted to general users.
  8. Not to indulge in any kind of activity that could bring in an excessive and incommensurate large bulk of heaviness to the portal/application's infrastructure.
  9. Not to place any kind of data that is falsely represented or could be defamatory, not correct, vulgar, abusive, profane, sexual, intimidating, dangerous, or intrusive upon the privacy of an individual or in breach of any relevant laws.
  10. Not to place any data that could be in breach of another individual's intellectual property rights.
  11. To be in sync with all relevant laws that have to do with your use of or activities in connection with the portal/application.
  12. To be responsible for the images, description, and any content uploaded by you on the portal/application and not to infringe the copyrights or intellectual property rights of others. Wiggles.in takes no responsibility for any content or part thereof uploaded by you on the portal/application.
  13. In the event, your infringement of the copyrights or intellectual property rights of others comes to Wiggles.in’s notice, your account with Wiggles.in would be terminated for good.
  14. To the extent that is required for the purpose of a transaction, a buyer could obtain private information as in email address and shipping data. However, this private data can be used only to aid in the specific transaction or project agreement and nothing else.

Management of Reputation and Appraisal Functions

The portal/application provides services to its subscribers and users, functions of the likes of management of reputation and appraisals, surveys, blogs, a glossary of terms, and a presence on social media sites - all of which could be collectively called the 'Boards'. Wiggles.in is not in any manner responsible for the material put upon such 'Boards'.

If any such committees, boards, panels, groups are established, Wiggles.in would merely be administering the matter on the boards and support access to such boards to be of assistance to you. It does not take responsibility for any matter posted on any of the boards. Besides, these boards can be used only in a non-commercial manner. Further by using such boards, you are in concurrence with the fact that you agree not to put up on the portal/application or publish any material that is to the best of your knowledge, libelous, defamatory, obscene, abusive, pornographic, not correct, threatening or; are in contravention of intellectual property rights including but not restricted to copyrights or trademarks of any individual or entity; material that is illegal in any way or advocates illegal activity under any applicable law.

Further, you agree that you will not post any advertisement or any promotional material or material that asks for funds, goods, or services - unless you have gotten the exclusive permission and rights to do so.

Again, the following will strictly not be entertained on the portal/application:

  1. Any communication posted by you impersonating another.

  2. Information that may be very personal in nature as in personal phone numbers, account numbers, personal addresses, employer references, or letters of chain or serial communication whatsoever.

It will be deemed that you are in agreement with the fact that you will indemnify Wiggles.in for any allegations, suits, or claims of any sort that may be brought about by your posting such material on any such boards.

Wiggles.in reserves the right to screen and delete any postings deemed not in keeping with its policies or constitution. At the same time, Wiggles.in bears no obligation to screen any material in the boards or remove any particular material. Wiggles.in does not take any responsibility for the matter which is posted on the boards nor justifies the accuracy of such matter by any third party.

No Guarantee/Warranty

There may be a multitude of factors due to which the services of the portal/application could get disrupted at any time. Wiggles.in does not in any manner guarantee uninterrupted and continuous admission to the site for reasons beyond the control of Wiggles.in.

All content and data online that is on the portal/application have been garnered by Wiggles.in from what's believed to be reliable and authorized sources. The matter has been furnished on an 'As is' basis. Wiggles.in does not in any way provide for any warranty concerning the content and material on the portal/application. This includes without reservation the warranty to title, non-violation, commerciality, or fitness for any reason. Wiggles.in does not in any way warrant the information or outcome of the use of the portal/application, or that the portal/application is virus-free or error-free. Wiggles.in has no obligation to audit, validate or otherwise verify any information contained in the portal/application.

Viruses

Neither responsibility nor liability will be taken for any damages that may be caused to your equipment or any other property, which may be caused by your accessing or using our portal/application.

Links

Given that Wiggles.in may be accessible by hyperlink or may provide hyperlinks to other sites. The portal/application disclaims all damages for the nature of the content of such sites that are accessible from Wiggles.in or those that link to Wiggles.in .

Further to this again, the linked sites are not in any manner coming under the purview of Wiggles.in and hence the portal/application shall not carry any responsibility for the content of any linked site or any link for that matter, contained in a linked site. Nor will it carry responsibility for any review, amendments, updates, or modifications to such sites.

Also, inserting a link does not mean that Wiggles.in has given any kind of affiliation, endorsement, or even adoption of a linked site or any data that may comprise the site. It's crucial for you to be aware that when you depart from the portal/application and get into another portal/application, the terms of use or the constitution no longer govern the new site. Thus it's important for you to review the rules and regulations, including the privacy policy and data gathering systems - that govern the other site. Wiggles.in disclaims all damages for the content of websites that are linked to its site or frame its site.

Electronic Communication (E-mail, World Wide Web, Calls)

The World Wide Web that rests on the internet is a globally and in fact universally accessible vehicle. Electronic mail messaging is therefore vulnerable to a lack of confidentiality with no security to boot. They can be viewed by any number of people; they could be lost, intercepted, or even changed.

Emails often get across national borders even when both sender and receivers are within the same country. It is therefore advised that you restrict all your communication to secure channels if such a channel is provided to you by Wiggles.in . Information that qualifies as personal, confidential, or account-related information should not be transmitted using ordinary mail and the contact/communication should only be through Wiggles.in emails/calls as already mentioned. Any conversation outside the pre-defined communication channels is not accountable by Wiggles.in and is subject to jurisdiction. You agree to receive communications in the form of calls, internet calls, texts, messages over WhatsApp & emails from Wiggles.in regardless of availing the “Do Not Disturb” feature.

Resolution and Disputes and Release

In the event of any dispute arising between you and one or more users, or an external party for that matter, it is deemed that you release Wiggles.in from all claims, demands, and damages of all kinds - occurring both actually and consequentially. The damages could be admitted, avowed, acknowledged or unknown, suspected or unsuspected, revealed or not revealed, which may be the outcome of such disputes.

Wiggles.in advices to report all disputes occurring to any certified mediator or arbitration entity as the case may be.

Limitation of Liability

To the maximum extent as permitted by law, under no circumstances will either Wiggles.in or any of its directors, employees, agents, suppliers, or associates in collaboration with it take responsibility or bear any liability whatsoever to any person for any direct or indirect loss, liability, cost or damages of any kind. Be it under contract or TORT including carelessness or otherwise that may be resultant of using all or parts of the portal/application. Regardless of this, just in case Wiggles.in is found to be liable, then the responsibility of Wiggles.in and as the case may be that of Wiggles.in's subsidiaries, directors, officers, employees, suppliers, consultants, and other associates towards you is limited to the greater of: The prices/fees that you had paid to Wiggles.in the twelve months preceding the action giving rise to the liability.

Indemnity

It will be deemed that you agree to indemnify and maintain - as applicable - Wiggles.in's parent, subsidiaries, directors, affiliates, officers, consultants, suppliers, agents, and employees as harmless from any claim, demand, or pressure, including a satisfactory amount of attorney fees, made by any third party caused by your breach of the terms of the constitution, or your violation of any law or the rights of any third party.

Conflict with Additional Terms

When we say 'Additional Terms' we are referring to terms, conditions, disclosures, and disclaimers, which may pertain to certain web pages or sections of the portal/application/services/products. Besides, you may enter into one or more contracts with Wiggles.in, which refer to the 'Other Agreements'. In case of a conflict, the terms of the 'Other Agreement' will take priority, following which will be the 'Additional Terms', which will be followed by these Terms of Use/Legal.

Termination

All rights awarded to you by Wiggles.in will be brought to an end in case of any violation of these Terms of the Constitution. Wiggles.in has the sole discretion to exercise the right to temporarily or permanently terminate your access to and use the portal/application at any time for whatever reason it deems fit. This will be done at any time without giving you any notice or any liability accruing on Wiggles.in's part. Further, Wiggles.in will not be liable to you or any third person in case your access to the site or its use is suspended for any reason by Wiggles.in.

Choice of Law and Venue

This memorandum shall be expounded and construed with and by the laws of the Republic of India, regardless of its conflict with laws and rules in India.

Disputes of any sort will be subject to the exclusive jurisdiction of the courts situated within Pune and the consumer hereby will have to comply with the personal jurisdiction of the courts here.

Severability Clause

In case any part of the Terms of this Constitution is held to be not enforceable, such a holding will not affect the validity of the other provisions of the Terms of the Constitution, which will continue to remain wholly enforceable and effective.

General

The agreement charted out sets forth the entire understanding and agreement between the parties concerning the subject matter hereof. In the event any of the provisions of this memorandum is held to be unenforceable, such a clause shall be struck and the remaining provisions continue to be enforceable.

Wiggles.in and you are independent entities and it is deemed that no sort of partnership, agency, joint venture, employer-employee, the franchisor-franchisee relationship is in any way created or mediated through this agreement.

Wiggles.in may assign this agreement by giving you prior notification. No waiver on Wiggles.in's part shall be deemed to be a waiver of any earlier or subsequent default hereunder. It is deemed that the following sections go beyond any termination or expiration of this agreement. License to Wiggles.in, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and all General clauses.

Promotional Codes Terms

These are terms and conditions that commonly apply to promotions on www.wiggles.in, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.

  1. Promotional codes are a limited time offer.

  2. Wiggles.in reserves the right to modify, alter or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify,alter or cancel the offer at any time.

  3. Offer only applies to products and services offered by Wiggles.in.

  4. Offer is also subject to the supplies & stock.

  5. Offer limited to one customer and account.

  6. Offer may not be combined with other offers.

  7. Each promotional code applies only to qualifying products or services.

  8. Shipping charges (if any) and taxes may apply to the full value of discounted and free promotional items.

  9. If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap charges do not apply when determining the minimum purchase amount.

  10. If the offer is for physical goods, the promotional code applies only to items purchased in a single order and shipped at the same speed to a single address.

  11. Offer is non-transferrable and may not be resold.

  12. If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.

  13. Offer discount will be allocated proportionally among all promotional items in your order.

  14. If you violate any of the offer terms, the offer will be invalid.

Grievance Redressal

For any issues, grievances, complaints, etc, please write to us at support@wiggles.in or reach out to our customer executives at +91 8431620000 & we will try & resolve the same within 72 hours.