Terms and Conditions

WHOZHIGH provides services to you subject to the following notices, terms, and conditions. By visiting WHOZHIGH you are accepting the terms described in this notice, for use of the information provided by you on the site. Please do not access, use the site and provide information if you do not agree with this Notice. Please read them carefully. In addition, when you use any current or future WHOZHIGH service or visit or purchase from any business affiliated with WHOZHIGH, whether or not included in the sites, you also will be subject to the guidelines and conditions applicable to such service or business. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. By using the shopping services of WHOZHIGH you agree to be bound by these terms and conditions.

 

APPLICABLE LAW

This site is created and controlled by WHOZHIGH. The laws of India shall apply and courts in Adilabad/Hyderabad alone shall have jurisdiction in respect of all the terms, conditions and disclaimers. WHOZHIGH reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of WHOZHIGH.

 

DISCLAIMER OF PRODUCTS

Information about prices, products, services and merchants is for informational purposes only. The product images are for representation only. We cannot guarantee that information is 100% correct. We will not be liable for any omissions, errors or delays or any kind of losses, injuries and damages arising from its display or use.

 

ELECTRONIC COMMUNICATIONS

You agree to electronic communication for all of your transactions and communication with WHOZHIGH. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

MODIFICATIONS TO TERMS AND SITES

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Sites. Your continued use of the Sites following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Sites without notice.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WHOZHIGH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WHOZHIGH does not warrant that this site, its servers, or e-mail sent from WHOZHIGH are free of viruses or other harmful components. WHOZHIGH will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

WHOZHIGH does not represent or warrant maintaining the confidentiality of information; although WHOZHIGH’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the User.

 

WHOZHIGH will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. WHOZHIGH shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. due to flood, fire, wars, acts of God or any cause that is beyond the control of WHOZHIGH.

 

In no event shall www.whozhigh.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

 

1. The use or the inability to use the Services

2. Unauthorized access to or alteration of the user's transmissions or data

3. Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Www.whozhigh.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond WHOZHIGH’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. WHOZHIGH will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. Any request for cancellation of orders once duly placed on the site, shall not be entertained.

 

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.

 

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by WHOZHIGH for re-delivery shall be claimed from the User placing the order. All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of WHOZHIGH and orders can be cancelled if the product goes out of stock. WHOZHIGH reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by WHOZHIGH the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless WHOZHIGH, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of WHOZHIGH, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

RISK OF LOSS

All items purchased from WHOZHIGH are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer or WHOZHIGH.