TERMS AND CONDITION OF USES

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

This Terms and Conditions Uses agreement (“Agreement”) is an agreement between you and Cygnus Technologies Private Ltd and its subsidiaries waash (collectively “waash” or “we” or “us” as the context requires) governing your use of waash software, services and or products; with the features and key characteristics as described on www.waash.in (collectively called as “Websites”) and waash Mobile Application (collectively called as “Apps”) and your use of the Online Store; which shall be made available on the Website and App (“Online store”). Therefore, shall be referred collectively as the “Services” of waash.
This document is an electronic record under the subsequent terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. As this electronic record is generated by a computer system; therefore it does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Website/App/Online Store or accessing any information, material, advisory, products or Services through the Website/App/Online Store. Significantly, having access to or use of the Website/App/Online Store (even if You do not avail of or provide any services on the said Website/App/Online Store) or Registering, purchase or availment of the Website/App/Online Store Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Website/App/Online Store for other services.

PRODUCTS, SERVICES & FEATURES

We, through our Website/ App aim to provide, our Register Users / guest user or members with the features and Services which includes but does not limits to; providing a software to manage ans track their regular laundry.
waash has adopted a holistic approach in providing the software to its clients; hence the services do include but limit to usinf the App.
The charges for the above said services, product and features shall be determined by waash. Such charges shall reflect on the website / app /Online-store and is exclusive of taxes and additional charges as may be applicable. The said charges shall be subject to changes and shall be at sole discretion of waash.

ACCOUNT

Each Permitted User/Members shall receive a unique user ID. and keep it private to themselves. Users/Members shall be required to keep their authentication factors (such as user ID and user credentials) strictly confidential and not share such information. User/Members shall be responsible for any and all actions taken in Client’s Account by its Permitted Users, and shall immediately notify waash of any unauthorized access to or use of its Account.

SUBSCRIPTION

Subscription fees shall remain unchanged for the term of subscription plan, unless you (i) exceeded sessions as per current plans and additional session are required (ii) subscribed to additional plan or features that requires additional payment (iii) avail additional services or products offer on online store; shall require the user/member to pay additional or separately from their existing plans.

DISCOUNT / COUPON

Members/ User / Guest Users shall avail to discount, offers and various coupons time to time. The Members / subscribers of waash shall have privilege over certain offers, discounts or rights that shall be announced, published and communicated by us. We shall also offer coupons to our Members/ User / Guest Users, each coupon shall have different requirements and rewards and two different coupons cannot be merged together to avail discounts. It is necessary that all Members/ User / Guest Users fulfill all mentioned requirements to achieve coupon benefits and discounts.
All such offers, discount and coupon shall be time bound and shall be valid for the limited time only. waash reserves the right to modify and cancel any such offers, discount and coupon.

BILLING & PAYMENTS

waash reserves the right to determine prices of its services and products offered through Website/ App/Online Store. The Prices mentioned shall be final and inclusive of all taxes. waash shall notify its members/ users about the subsequent changes in price of service, in advance to such changes. Certain Products may have shipping charges additional to the product pricing, such shipping charges shall solely depend upon the distance, weight and volume of the product. Subscription shall be subject to auto renewals, unless terminated by the members 24 hours prior to such auto renewal.

The payment facility on the Website/ App /Online Store is powered by a secure third-party payment gateway, as per the application laws and guideline as well as subject to our Privacy Policy. waash does not make any representation whatsoever and disclaims all or any liabilities or responsibilities for uses of payment gateway and other service provider for any failure / disruption / inability to access the Website, failure to make payments, technical errors, loss or theft of data, erroneous submission of data or information, or any virus, malware or phishing attacks, whether or not resulting from any act or omission of waash or Payment gateway or any party involved in the transaction.

All major Credit cards, Debit Cards, Net banking and UPI are accepted for payments. The members/user acknowledge and agree that the credit/ debit card details used by him/ her for the aforesaid product and services are correct and accurate. The members / user further acknowledge that the credit/ debit cards details provided and used does not belongs to any third party and/or used without the authorization and knowledge of the lawful owner of the Card. waash shall not be responsible and liable for any such unauthorized uses.

Please note, all in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per transaction may be subject to additional factor authentication, as mandated by the Reserve Bank of India and shall subject to current mandate.

You must notify waash about any billing problems or discrepancies faced; within 30 (thirty) days via email, after such charges first appeared on your account statement. Incase of failure to notify such discrepancy to waash attention within 30 (thirty) days, you willing to waive and surrender your right to dispute such problems or discrepancies in later instances.

USER REPRESENTATIONS

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  • all registration information provided by you including Your name, address, contact details and such other details as may be required submit for opening an account, subscription and membership; is and will be true, accurate, current, updated and complete;
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Terms & Conditions of Uses;
  • being user of the services provided, you are not under the age of 18;
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  • you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  • you will not use the Site for any illegal or unauthorized purpose;
  • your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof)

ACCEPTANCE OF TERMS OF USE

Use of and access to the Website/App/Online-Store is offered to You, upon the condition of acceptance of all the terms, conditions and notices contained in these Terms & conditions of Uses, along with any amendments that shall be posted periodically on the Website/ App/Online Store by waash, at its sole discretion. The Members/User by (i) using this Website/App/Online-Store or any Website/App/Online-Store Services in any way; or (ii) merely browsing the Website/App/Online-Store, You agree that you have read, understood and agreed to be bound by these Terms conditions of Uses available at website and mobile app.

PRIVACY POLICY

We want to ensure you understand the information we collect, how we use it, how we share it, and how you can control your information. Please read our Privacy Policy in its entirety to understand better.

CONTENT RESTRICTIONS
  • You are required to acknowledge, assure and affirm for not to contributing, that:
  • belong to another person and contain any information that you do not have any right to;
  • Be defamatory of any person;
  • Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  • Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
  • Be harmful to minors;
  • Infringe any intellectual property including copyright, database right or trademark of any other person;
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person;
  • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  • Be such that it is known by you to be false, inaccurate or misleading;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Be content for which you were compensated or granted any consideration by any third party;
  • Contain any computer viruses, any code, malware or other potentially damaging or limiting the functionality of any computer programs or files.
  • Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

We, waash hereby reserve all the right to take down any content posted by You and or terminate our account, which, in our sole discretion falls under the above mentioned restrictions.

DISCLAIMER OF WARRANTIES & LIABILITY

You by being a user/ guest user / subscriber / member; you expressly understand and agree that, to the maximum extent permitted by applicable law:
the Services and other content available at the website/App provided by waash on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and those which are arising from course of dealing. Without limiting the foregoing, waash makes no warranty that (i) that the Services or the Content on the Website/App/Online Store; will meet Your requirements or Your use of the Website/App/Online Store or the Website/App/Online Store Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/App/Online Store , or Website/App/Online Store Services will be effective, accurate or reliable; (iii) the quality of the product, information, services or the other related services or product from the Website/App/Online Store Online Store shall will meet Your expectations; or (iv) any errors or defects in the Website/App/OnlineStore Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from waash or its experts through use of the Website/App/OnlineStore Services shall create any warranty not expressly stated in the Terms of Use.
waash, will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. waash, also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.
waash, will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website/App/OnlineStore or Services, either with or without your knowledge.
waash, has endeavored to ensure that all the information on the Website/App/OnlineStore is correct, but waash neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Services. waash, shall not be responsible for the delay or inability to use the Website/App/Online Store or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website/App/Online Store, or otherwise arising out of the use of the Website/App/OnlineStore, whether based on contract, tort, negligence, strict liability or otherwise. Further, waash shall not be held responsible for non-availability of the Website/App/Online Store during periodic maintenance operations or any unplanned suspension of access to the Website/App/Online Store that may occur due to technical reasons or for any reason beyond the control of waash. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Website/App/Online Store is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
All your correspondence, participation or business dealings with, in promotions of, advertisers appeared or found on the website/App/Online Store or through the Service , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, claims associated with such dealings, are solely between You and such advertiser, service provider or the vendor. You acknowledge and agree that, save as set out herein, waash shall not be responsible, accountable 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, service providers or the vendors through the website/App/Online Store.
User and members shall be aware that Some sections of Services may permit you to post comments, feedback, Questions, documents, pictures, and other information (“User Content”). It is pertinent to note that you are solely responsible for your User Content that you upload, publish, display, link to or otherwise made available (hereinafter, “Post”) on the website /App/Online Store and you acknowledge and completely agree that we are only acting as a passive conduit for your online display, distribution and publication of your User Content. waash shall not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
On certain occasions or events, you may have the opportunity to click, share or upload photographs either single photo or in a group with other members or appear in a video (“Images”). Such images may also be uploaded, shared and published by waash for event update on website /app/ social media with your consent. Once an Image is uploaded, you may be allowed to tag yourself in the Image. You acknowledge that the Images uploaded by waash shall be accessible to all the Users who have attended the said Event, session or class. The said Users may download or take a screenshot of the Photos. In the event where, You choose to tag Yourself in the Image, Your username and certain details shall be visible/accessible to other Users including attendees of the event, session or class. You may also be allowed to upload Your photos or videos on website or other social media handles and tag other users. These images may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. waash disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of such the Images or content.certain occasions or events members shall

INDEMNIFICATION & LIMITATION OF LIABILITY

You agree to defend, indemnify and hold harmless waash its officers, directors, employees and agents, 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 Service and/or the website/ App/Online store; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Website/ App/Online store.
In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Website/App/Online Store, Services, information or Content on the Website/App/ Online/ App/Online Store. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms and conditions of Uses or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.
Under all circumstances, our liability to you shall be limited to a maximum of the amount paid by you (if any) on our website/ App/Online Store.

WEB LIKINGS

Any Links that may appear on the Website/App/Online Store; that may be used to link to other websites. Such links are provided as a courtesy to our visitors. waash has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. waash shall not be responsible for and does not endorse or guarantee accuracy in any way of such sites. In case You decide to access any of the linked sites, you do so entirely at your own risk. waash reserves the right to terminate any link at any time.

NON- EXCLUSIVE LICENSE

We, waash grant You a nonexclusive, non-transferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use.
No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of waash. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of waash without our express prior written consent.
You may not use any meta tags or any other “hidden text” utilizing waash name or trademarks without the express prior written consent of waash. Any unauthorized use shall lead to termination of the rights granted herein by waash.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray waash, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any waash logo or other proprietary graphic or trademark as part of the link without the express prior written permission of waash.

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Website/App/Online Store and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Website/App/Online Store is owned and controlled by waash and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website/App/Online Store (“Marks”) are the property of waash.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, applicable authorities at Mumbai, India.

waash shall not accepts any liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.

COMMUNICATIONS

You hereby expressly agree to receive communications, informational and promotional via SMS, e-mails, Chat, and or by WhatsApp from waash and team /its subsidiaries relating to the Webpage/app/Online Store. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by emailing to support@waash.in However, this may limit the extent of Website/App/Online Store Services that you can avail.

GENERAL PROVISIONS

Notice: All notices from waash will be served by email to your registered email address or by general notification on the Website/App/Online Store. Any notice provided to waash pursuant to the Terms of Use should be sent to support@ waash.in with subject line – Attention: TERMS OF USE.
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Its rights under the Terms of Use are freely transferable by waash solely to any third party without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Force Majeure : Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, Pandemic, Lockdown imposed by Central or State Government failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Waiver: Any failure by waash to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by waash of that provision or right.