Preorder Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and 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.
The domain name www.witworks.com and all subdomains of it, including but not limited to store.witworks.com, globalstore.witworks.com, make.witworks.com, blog.witworks.com, (hereinafter referred to as "Website") is owned by Think Innoventions Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Science and Technology Entrepreneurs Park, Indian Institute of Technology, Kharagpur- 721302, West Bengal, India (hereinafter referred to as "Witworks" , "us", "we" or the "Company")
Pre-Order Terms and Conditions
These terms and conditions (“Terms”) govern the transactions made by You on the Website, towards advance booking of products sold by Witworks (henceforth referred to as “Pre-Order”). Please read these Terms carefully before submitting your Pre-Order of any Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
These Terms may be updated from time to time in Witworks’ discretion. When you pre-order Products from Witworks, the Terms in force at the time of pre-order shall apply with respect to such pre-order.
Witworks’ Pre-Order tool is for retail sales to private consumers only, and Products purchased here are not authorized for resale. Please contact Witworks if you wish to purchase wholesale Products or Products for commercial use or resale.
You may Pre-Order one or more Scrubbl/Trippy using Witworks’ Pre-Order web page. Witworks may also make other Witworks labeled products available for Pre-Order in its discretion, which together with the Scrubbl and Trippy constitute the “Products” under these Terms. All Products offered on this site are subject to availability. Witworks reserves the right in its sole discretion to limit the order quantity on any Product and to refuse service to any customer. Prices for the Products are subject to change without any prior notice but such changes shall not affect any Pre-Order you have already placed.
- Pre-Order Registration.
While placing a Pre-Order for the Products on Witworks or store.witworks.com or globalstore.witworks.com (hereinafter referred to as “Store”, “The Witworks Store”), you will be required to provide certain information required towards fulfilment of your order, such as your address and billing information. You represent and warrant that all such information is accurate, and you will ensure that such information is kept current. Witworks shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an email to [email protected].
All data pertaining to the order or pre-order of products by you on The Witworks Store is stored in the secured databases of Shopify, which provides us the online e-commerce platform to sell our products and services to you. Witworks does not hold any data and shall not be liable for the loss/misplacement of any aforementioned data.
You will be charged the full amount of the Product price, which might include discounts over the maximum retail price of the product, along with the shipping charges at the time of placing the Pre-Order. Depending on the order, Witworks may calculate and charge appropriate taxes in accordance with applicable laws. You shall be responsible for all other taxes, import duties and other governmental charges associated with your Pre-Order. If you wish to cancel your Pre-Order, you can do so within 48 hours of placing it and Witworks shall initiate a full refund to you within 7 days upon your email request to [email protected]. In the scenario that the Pre-order goal is not met, we shall initiate a complete refund of the amount charged to you within 15 days of conclusion of the Pre-order. However, the time that it takes to reflect in your account/card depends upon processing time of your bank, which we do not have a control over.
All transactions pertaining to Pre-Orders are handled through third party Payment Processors, viz. PayU India for domestic payments and PayPal for international payments, which may have its own terms and conditions that apply. Methods of payment accepted are Visa, Master Card, American Express and others as made available from time to time, depending on the payment processor. These payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so as to understand the manner in which your personal information will be handled by them.
Your placing of a Pre-Order constitutes your express agreement to Witworks charging of your provided payment method at such time. Except as specified in this Section, all Pre-Orders are final, non-cancelable and non-refundable.
Witworks does not capture and store any details pertaining to the transaction made by you towards the purchase or pre-order of any product on The Witworks Store. All transaction related information is handled by the secured systems of third party payment processors, as outlined above, and you agree to provide them with the necessary and required details for making an online payment. Witworks shall in no circumstances be liable in whatsoever respect of any loss or damage arising directly or indirectly out of the decline of authorization and/or capture for any Transaction. Any online payment made on The Witworks Store shall be accounted to be made by the user with the billing details as mentioned while placing the order on The Witworks Store, and Witworks shall not have any liabilities towards disputes arising therefrom.
The currencies supported for the pre-order of products are Indian Rupees (“INR”) for orders to be shipped within India and United States Dollars (“USD”) for orders to be shipped to countries other than India.
Witworks shall not use any personal information provided by you for the Pre-Order of the Products except as necessary or helpful to fulfill your order or as permitted herein. Witworks shall not provide such information to third parties except as necessary or helpful to fulfill your order or as permitted herein. Witworks may use provided information in its business operations. Witworks may use provided information to create aggregate data that does not identify any specific individual or entity, and provide such aggregate data to its commercial partners on terms of its choosing.
Witworks may use third parties to process any provided information, even if such third parties are not located in your jurisdiction, so long as such third parties are subject to confidentiality arrangements. If permitted under law, Witworks may use contact information that you provide to occasionally send you emails or other communications concerning the Products or other products of Witworks.
Witworks may provide data as required by law or as requested by law enforcement or government authority. Witworks may transfer data to a third party in the context of a sale of its business or part thereof. Witworks shall take industry standard efforts to store your data, but you acknowledge and agree that no method of electronic storage or transmission is completely secure.
- Third-Party Services
In general, the third-party providers used by us shall only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our store, they may direct you away from our website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.
Witworks uses Google Analytics to help us learn detailed geographic, demographic and technical data pertaining to the traffic on our website and its associated pages.
- Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- Shipping and Expected Availability
Products are expected to be dispatched within 90 days of completion of the Pre-order campaign. This date is only an estimate, is subject to change (including due to delays in manufacturing and/or delivery), and Witworks does not represent or warrant that it will be able to ship the Product by the estimated date. Witworks is not responsible for any damages that may occur due to a delay in shipment, nor will it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order is received.
Except as expressly provided in these Terms and to the maximum extent permitted by applicable law, the Products are provided “as is” and “as available”, with all faults, and without warranty of any kind, and Witworks hereby disclaims all warranties with respect to the Products, either express, implied or statutory, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information present on the Witworks web site or made available by Witworks are intended to represent no more than a general illustration of the Product and its features as it is then-anticipated to be produced, and do not constitute a warranty or representation by Witworks that the Product will conform with the same.
- Limitation of Liability and Limited Warranty
To the extent not prohibited by applicable law, in no event shall Witworks be liable for personal injury, or any incidental, special, indirect, punitive or consequential damages whatsoever, arising out of or related to your Pre-Order, these Terms, or your use of or inability to use the Product, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Witworks has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Witworks’ total liability to you for all damages arising out of or related to your Pre-Order, these Terms, or your use of or inability to use the Product, however caused, regardless of the theory of liability (contract, tort, or otherwise) (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to Witworks for your applicable Pre-Order. The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose.
Without limiting the foregoing or Section 9 above, Witworks shall not be liable for any damage arising out of or related to: (a) use of the Product in connection with other defective, unsuitable or defectively installed equipment, power sources or other technology; (b) your or any third party’s negligence, or improper or unlawful use of the Product; or (c) use of the Product in any manner inconsistent with Witworks’ or any other manufacturer’s specifications or instructions. You agree to indemnify and hold harmless Witworks, and its licensors, suppliers and agents, for any and all claims, actions, proceedings, suits, damages, liabilities, losses, costs and expenses (including attorney’s fees) arising out of or related to your use of the Product as described in clause a, b or c above. Witworks reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify it. You will cooperate with Witworks with respect to such defense and settlement.
The Product will be subject to the written Witworks Limited Warranty (or similarly titled written Witworks warranty) that will be included with it when shipped by Witworks to you. You may return the Product only if and to the extent permitted by, and then in accordance with, such Witworks warranty. No other returns shall be permitted.
- Accuracy, Completeness and Timeliness of Information
We are not responsible in case information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Intellectual Property.
Witworks and its licensors retain all intellectual property rights in or to the Products. Witworks, Rewind, Trippy and Scrubbl are registered trademarks of Think Innoventions Private Limited. You shall acquire no interest or rights in any intellectual property of Witworks or its licensors by virtue of your Pre-Order, these Terms, or otherwise. No Products, Trademarks, Copyrights and other intellectual property may be modified, copied, reproduced, licensed, used to make a derivative work or derivative or similar product, reverse engineered, transferred, sold or distributed without Witworks’ prior written consent.
- Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Witworks will treat any feedback or suggestions you provide to it (herein referred to as “Feedback”) as non-confidential and nonproprietary to you. Thus, in the absence of an express written agreement with Witworks to the contrary, you agree that you shall not submit to Witworks any Feedback that you consider to be confidential or proprietary. You understand and acknowledge that Witworks will own and may use and disclose in any manner the Feedback provided by you (including to further improve or enhance Products) with no further obligation to you. Accordingly, you agree to and hereby assign to Witworks the Feedback (including all intellectual property rights therein or related thereto and any modification or improvements thereof, by whomever made).
- Force Majeure
Witworks shall not be liable for any failure or delay in performance of its obligations due to an event beyond its reasonable control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of Witworks’ control, including manufacturing or supplier shortages or delays.
- Electronic Communications
You shall be communicating with Witworks electronically when you use this Pre-Order function or send email to Witworks. By doing so, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you place a Pre-Order, we collect and store your email address. From that point forward, your email address shall be used to send you information about Witworks’ products and services unless you opt-out of such emails using the opt-out link in the emails.
- Entire Agreement, Controlling Law and Severability
The Terms outlined in the document, as well as any dispute or controversy related to these Terms, any Pre-Order or the Product, shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru, Karnataka. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms will continue in full force and effect. These Terms represent the entire agreement governing your Pre-Order of the Products and any prior communications, representations or agreements, if any, shall have no further force or effect and will be replaced by the Terms outlined herein.
In case of a dispute between you and Witworks, our goal shall be to learn about and address your concerns. You shall notify Witworks about any such dispute regarding the Terms, any Pre-Order or the Products by emailing us at [email protected]
You must contact Witworks within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute in question; else the right to pursue any claim based upon such event, facts, or dispute shall be deemed invalid.
Notwithstanding the foregoing, Witworks may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. This arbitration clause shall survive termination of these Terms.
No delay or omission by Witworks in exercising any of its rights hereunder shall impair any such rights or construed to be a waiver thereof. Your Pre-Order, these Terms, and your rights and obligations hereunder are not assignable or transferable by you to any third party without Witworks’ prior written consent. Witworks may freely assign or transfer these Terms or any rights or obligations hereunder, including to any purchaser of its business. As used herein and unless the intent is expressed otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this agreement. You agree that email to your email address on record will constitute formal notice under these Terms.