M/s Wisethingz owns and operate this Website. This document
governs your relationship with www.wisethingz.com (“Website”). Access to and use of this Website and
the products and services available through this Website (collectively, the
“Services”) are subject to the following terms, conditions and
notices (the “Terms of Service”). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we
reserve the right to withdraw or amend the Services without notice. We will not
be liable if for any reason this Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts or all of this
This Website may contain links to other websites (the
“Linked Sites”), which are not operated by wisethingz.com. Wisethingz.com
has no control over the inked Sites and accepts no responsibility for them or
for any loss or damage that may arise from your use of them. Your use of the
each such site.
You must not misuse this Website. You will not: commit or
encourage a criminal offense; transmit or distribute a virus, trojan, worm,
logic bomb or any other material which is malicious, technologically harmful,
in breach of confidence or in any way offensive or obscene; hack into any
aspect of the Service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person’s proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as “spam”;
or attempt to affect the performance or functionality of any computer
facilities of or accessed through this Website. Breaching this provision would
constitute a criminal offense and Maxbhi.com will report any such breach to the
relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of this Website or to your
downloading of any material posted on it, or on any website linked to it.
Property, Software and Content
The intellectual property rights in all software and content
(including photographic images) made available to you on or through this Website
remains the property of wisethingz.com or its licensors. You may store, print
and display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Website nor may you use any such content in connection with any
business or commercial enterprise.
By placing an order you are offering to purchase a product on
and subject to the following terms and conditions. All orders are subject to
availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to
any delays resulting from postal/courier delays or force majeure for which we
will not be responsible.
In order to contract with wisethingz.com you must of minimum 18
years of age possess a valid credit or debit card issued by a bank acceptable
to us. Wisethingz.com retains the right to refuse any request made by you. If
your order is accepted we will inform you. Where a contract is made with a
third party Maxbhi.com is not acting as either agent or principal and the
contract is made between yourself and that third party and will be subject to
the terms of sale which they supply you. When placing an order you undertake
that all details you provide to us are true and accurate, that you are an
authorized user of the credit or debit card used to place your order and that
there are sufficient funds to cover the cost of the goods. The cost of foreign
products and services may fluctuate. All prices advertised are subject to such
(a) Our Contract
When you place an order, you will receive an acknowledgement
e-mail confirming receipt of your order: this email will only be an
acknowledgement and will not constitute acceptance of your order. A contract
between us will not be formed until we send you confirmation by e-mail that the
goods which you ordered have been dispatched to you. Only those goods listed in
the confirmation e-mail sent at the time of dispatch will be included in the
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and
prices which appear on this Website are accurate, errors may occur. If we
discover an error in the price of any goods which you have ordered we will
inform you of this as soon as possible and give you the option of reconfirming
your order at the correct price or cancelling it. If we are unable to contact
you we will treat the order as cancelled. If you cancel and you have already
paid for the goods, you will receive a full refund on your request.
Delivery costs will be charged in addition; such additional
charges are clearly displayed where applicable and included in the ‘Total
Upon receiving your order we carry out a standard authorization
check on your payment card to ensure there are sufficient funds to fulfil the transaction.
Your card will be debited upon authorisation being received. The monies
received upon the debiting of your card shall be treated as a deposit against
the value of the goods you wish to purchase. Once the goods have been
despatched and you have been sent a confirmation email the monies paid as a
deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any
guarantees, conditions or warranties as to its accuracy. Unless expressly
stated to the contrary to the fullest extent permitted by law Wisethingz.com
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. This does not affect Maxbhi.com’s
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which cannot be excluded or limited under applicable law.
to this Website
You may link to our home page, provided you do so in a way that
is fair and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You must
not establish a link from any website that is not owned by you. This Website
must not be framed on any other site, nor may you create a link to any part of
this Website other than the home page. We reserve the right to withdraw linking
permission without notice.
Disclaimer as to
ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons
(including their names and images), third party trade marks and content,
services and/or locations featured on this Website are in no way associated,
linked or affiliated with Maxbhi.com and you should not rely on the existence
of such a connection or affiliation. Any trade marks/names featured on this
Website are owned by the respective trade mark owners. Where a trade mark or
brand name is referred to it is used solely to describe or identify the
products and services and is in no way an assertion that such products or
services are endorsed by or connected to Maxbhi.com.
You agree to indemnify, defend and hold harmless Wisethingz.com,
its proprietor, officers, employees, consultants, agents, and affiliates, from
any and all third party claims, liability, damages and/or costs (including, but
not limited to, legal fees) arising from your use this Website or your breach
of the Terms of Service.
Wisethingz.com shall have the right in its absolute discretion
at any time and without notice to amend, remove or vary the Services and/or any
page of this Website.
If any part of the Terms of Service is unenforceable (including
any provision in which we exclude our liability to you) the enforceability of
any other part of the Terms of Service will not be affected all other clauses
remaining in full force and effect. So far as possible where any
clause/sub-clause or part of a clause/sub-clause can be severed to render the
remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in
such a way that closely resembles the original meaning of the clause
/sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will
still be entitled to use our rights and remedies in any other situation where
you breach these conditions.
The above Terms of Service constitute the entire agreement of
the parties and supersede any and all preceding and contemporaneous agreements
between you and Wisethingz.com. Any waiver of any provision of the Terms of
Service will be effective only if in writing and signed by a Proprietor of