Terms of Use

Welcome to WindMyWings!

WindMyWings Retail Private Limited and it's affiliates ("WindMyWings", "we" or "us") provides this website and online service (collectively "Website") subject to your compliance with these Terms of Use ("Terms"). Please read these Terms carefully before using the Website. By using the Website in any manner, you affirm that you have read, understood and unconditionally agree to comply with these Terms. If you do not agree to these Terms or any future Terms, then you may not use or access the Website. This Terms applies to all visitors, users and others who access the Website.

Modification of Terms

WindMyWings reserve the rights to modify, add or remove any portion of these Terms at any time, by posting the revised Terms on the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as revised. For this reason, we encourage you to review these Terms whenever you purchase products from us or use the Website and it's services.

Privacy Notice

We care about the privacy of our Users. Please review our Privacy Policy which is incorporated into these Terms. By accepting our Terms of Use, You consent that You have fully read and understand Our Privacy Policy and accept our Privacy Policy as ammended from time to time.

Right to Access

This Website is available to users who are residents of India and atleast 18 years of age and have not been terminated by WindMyWings earlier. If you are under 18 years of age, you may use the website with the involvement of a parent or guardian. In such cases, your parent or guardian must agree with these Terms on your behalf and will be responsible for your use and access of the Website and it's services; this includes financial responsibility for any items you purchase from the Website.

Accounts

To utilize the functionality on the Website, you may not have more than one active account. You have complete responsibility for your account and all activity that happens on your account. You agree to maintain the confidentiality of your password. You must let us know immediately if you identify any unauthorized usage of your account and we are not liable for any damages or losses caused by any unauthorized usage. Also remember to log off your account when you have finished your visit. This ensures that there are no misuse of your account, especially in shared environments.

By creating an account with the Website, you provide us your email address and your consent to send you messages related to your account and orders. We may also send you other messages related to, without limiation, products, offers, promotions, surveys.

Acceptable Use Policy

You may use the website only in accordance with and subject to these Terms of Use. You may not use the Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity of other activity which infringes the rights of WindMyWings or others. Notwithstanding any other rights or restrictions in these Terms, you may not use this Website to: i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or control the rights thereto or have permission from the rightful owner of such rights to post such User Content; ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; iii) use the Website to harm any person or entity, including WindMyWings; iv) impersonate any person or entity, including but not limited to, a representative of WindMyWings, or falsely state or otherwise misrepresent your affiliation with a person or entity; v) use any automated system, including without limitation "robots", "spiders", "offline readers", or any similar or equivalent manual process, to access the Website and it's services in a manner that sends more request messages to the WindMyWings servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser except that, subject to the privacy settings of our Users, WindMyWings grants the operators of public search engines revocable permission to use spiders to copy materials from Fab for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (vi) upload, post email or otherwise transmit any content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; (vii) transmit spam, chain letters, or other unsolicited email; (viii) attempt to interfere with or compromise the system integrity or security or use any method to identify vulnerability of the servers running the Website or the networks or systems connected to the Website; (ix) use any device, software or instrument to interfere with the proper working of the Website, (x) take any action that imposes or may impose at your sole discretion an unreasonable or disproportionately lage load on our Website or the networks or systems connected to our Website, (xi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Website; (xii) Collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited email of any kind.

Trademark, Copyright and Restriction

All material on the Website, including, without limitation, software, text, graphics, logos, photographs are the exclusive property of WindMyWings or of other parties that have licensed their material to us. Limited reproduction and copying of the content of the Website is permitted for personal and non-commercial use provided that WindMyWings's name is stated as the source and prior written permissions of WindMyWings is sought. WindMyWings prohibits any other use of any content available through the Website, including but not limited to: i) any modification, copying, translation, distribution, public performance and display, publication, reproduction, licensing, making derivative works from, transfer or rent or sell of any content or material obtained from the Website ii) any caching, unauthorized linking to the Website or the framing of any content available on the Website iii) unlimited reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of any content available on the Website.

Links to Third Party Websites

This Website may contain links to other websites or resources on the internet which are not under the control of WindMyWings. These links are provided as a convenience to you. WindMyWings makes no claim and accepts no responsibility regarding the content, quality, accuracy, legality or any other aspect of these linked third party websites or resources. In no event shall any reference to any third party, external website or third party product or service be construed as an approval or endorsement by us.

Termination

We may, with or without any prior notice, choose to permanently or temporarily terminate or suspend all or a portion of your Account or your access to the Website and it's services at our sole discretion and at any point in time if WindMyWings believes that you have violated, abused or exploited these Terms of Use or for any other reason. Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until WindMyWings choose to terminate them. You understand that we may continue to make your user content available on the Website or may choose to delete them, either completely or partially, if you or WindMyWings choose to terminate your access to the Website and it's services. You agree that we will have no liability to you or any third party for termination of your account, user content or access to the Website.

You shall be liable to pay for any orders that you have made till the time of Termination.

You may choose to terminate your account with WindMyWings by sending an email to us with the subject line "Account Termination Request".

Unavailability of Website

WindMyWings will have periodic planned service downtimes due to system maintenance and upgrades. There may also be instances of unplanned downtimes. We make our best efforts to keep these downtimes for a short span of time, however under some unforseen circumstances, they may be for longer durations. During such downtimes, the Website and it's services will not be available. The Website may also not be available due to service downtime by any third parties, including but not limited to hosting companies, their network or servers or any Internet Service Providers. WindMyWings will not be responsible and is not liable for the unavailability of the Website and any delay, mis-delivery or non-delivery of data or loss of data caused by such unavailability of the Website.

Indemnification

You agree to defend, indemnify and hold harmless WindMyWings and it's affiliates, officers, directors, investors, members, shareholders, agents, employees and/or any other WindMyWings-related entity from and against any claims, liabilities, damages, losses, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) made against or incurred by any of them that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use.

Further, you agree to hold Windmywings harmless against any claims made by any third party due to, or arising out of, or in connection with, (1) your use or misuse of the Website; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party, including any intellectual property rights.

Disclaimer of Warranty

WindMyWings has endeavoured to ensure that all the information and data contained in the Website to be correct and reliable but since the information and data have been compiled from a variety of sources, they are provided 'as is' and "as available". You expressly agree that your use of the Website and any information contained therein is at your sole risk. Accordingly, to the maximum extent permitted by applicable law, the Website and products are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation implied warranties of title, merchantability, accuracy, fitness for a particular purpose or non-infringement.

Limitation of Liability

In no event shall WindMyWings or it's officers, directors, investors, members, shareholders, agents, distributors, suppliers, affiliates, employees and/or other WindMyWings-related entity or third parties providing information on this Website or other channels, including but not related to phone or email, be liable to any user of the Website or any other person or entity for any direct, indirect, punitive, incidental, special, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) resulting from the use or inability to use the Website or any information contained therein, including user content whether based on warranty, contract, tort, negligence, strict liability or otherwise. Further, 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. WindMyWings's liability in any circumstance is limited to the amount of fees, if any, paid by you to WindMyWings.

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 the courts at Bangalore.

Pricing/Typographical Error

Prices for products are as it shows on the Website. We try to be accurate, however, due to any technical issue, typographical error or product information received from vendors, suppliers and manufacturers, prices of the product may be incorrectly shown. In such an event, we at our sole discretion may choose to cancel such order(s).

Shipping

The risk of loss and title for all products ordered by you shall pass on to you upon our delivery by the shipping carrier.