Master Legal Agreement

TERMS & CONDITIONS

Wiselayne, operated by Silvasiyaa Private Limited, is a digital educational and self improvement platform. These Terms govern your access to and use of our Platform and Services.

Welcome to Wiselayne (“Wiselayne”, “we”, “us”, “our” or the “Company”), a digital educational and self improvement platform operated by Silvasiyaa Private Limited.

These Terms & Conditions (“Terms”, “Terms & Conditions” or “Agreement”) govern your access to and use of the Wiselayne website, digital platform, customer account, digital library, products and related services (collectively, the “Platform” or “Services”).

Wiselayne provides digital educational, lifestyle, wellness and personal development resources, principally in the form of downloadable PDF guides designed to provide structured, informational and educational content to users. The Platform currently provides guides covering areas including health, mental wellness, parenting and related self improvement topics.

By accessing the Platform, creating an account, browsing the Platform, adding a product to your cart, placing an order, making a payment, downloading or accessing a digital product, or otherwise using any Service, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with the applicable Privacy Policy, Refund Policy, Cookie Policy and any other policy or service specific terms published on the Platform.

If you do not agree with these Terms, you should not access the Platform, create an account, purchase any Product or use any Service.

1. ABOUT WISELAYNE

Wiselayne is a consumer facing digital platform providing educational and self improvement resources in electronic format.

The Platform is designed to provide users with structured guides and systems relating to various lifestyle, wellness, personal development and related subjects.

Depending upon the Product selected by the customer, Wiselayne may provide:

  • downloadable PDF guides;
  • structured self improvement programmes;
  • lifestyle and wellness educational material;
  • personal development resources;
  • step by step systems and protocols;
  • informational material relating to health and wellness;
  • mental wellness and behavioural self improvement resources;
  • parenting related educational material; and
  • other digital educational content made available through the Platform from time to time.

The exact subject matter, contents, format, number of pages, features, price, availability and other characteristics of each Product shall be as described on the applicable Product page or otherwise communicated to the customer before purchase.

Wiselayne’s guides are designed to provide information, education, structured guidance and self directed resources. The Platform currently describes its guides as science backed, structured systems intended to help users address particular lifestyle and self improvement concerns.

Nothing contained in these Terms shall be construed as a representation that Wiselayne provides individualised medical, psychological, psychiatric, legal, financial, investment, therapeutic or other professional advice unless expressly stated otherwise.

2. DEFINITIONS

For the purposes of these Terms:

“Customer” or “User” means any person who accesses, registers on, purchases from or otherwise uses the Platform or Services.

“Platform” means the Wiselayne website, digital library, account interface, online store and associated digital interfaces through which Products and Services are offered.

“Product” means any digital guide, PDF, educational resource, programme, protocol, system, document or other digital content offered for purchase through the Platform.

“Guide” means a digital educational or self improvement guide made available by Wiselayne, ordinarily in PDF or another electronic format.

“Digital Product” means a Product supplied electronically rather than through physical delivery.

“Account” means the user account created on the Platform, where registration or login is required.

“Order” means a purchase transaction placed by a Customer for one or more Products.

“Content” means all text, written material, guides, PDFs, graphics, photographs, videos, illustrations, designs, logos, software, website material and other materials made available through the Platform.

“Download” means the electronic retrieval or access of a Digital Product through the download link, customer account, digital library or other delivery mechanism provided by Wiselayne.

“Third Party Service Provider” means any independent third party service provider used by Wiselayne for payment processing, hosting, email delivery, analytics, customer support, technology infrastructure or other operational functions.

3. ELIGIBILITY

By accessing the Platform or purchasing a Product, you represent and warrant that:

  • you are legally competent to enter into a binding agreement under applicable law;
  • the information supplied by you is accurate, complete and current;
  • you are authorised to use the payment method used for the transaction;
  • you will use the Platform and Products only for lawful purposes; and
  • you will comply with these Terms and all applicable laws.

The current Wiselayne website states that users must be at least 18 years old or have permission from a parent or legal guardian to use its services and purchase Products.

Where a parent or legal guardian permits a minor to access the Platform, the parent or legal guardian shall remain responsible for the minor’s use of the Platform to the extent permitted by applicable law.

Wiselayne reserves the right to refuse, restrict, suspend or discontinue access where it reasonably believes that the Platform is being used unlawfully or in violation of these Terms.

4. REGISTRATION AND USER ACCOUNT

Certain features of the Platform, including access to a digital library, wishlist, order history or purchased Products, may require creation of an Account.

Depending upon Platform functionality, registration may require information such as:

  • name;
  • email address;
  • mobile number;
  • password;
  • authentication information; and
  • other information reasonably required for account creation or security.

You agree to:

  • provide accurate and complete information;
  • maintain updated account information;
  • keep your login credentials confidential;
  • prevent unauthorised access to your Account;
  • not share your Account with another person; and
  • promptly notify Wiselayne if you suspect unauthorised access.

Your Account is personal to you and may not be sold, transferred, assigned, rented or otherwise made available to another person without prior written authorisation.

You shall be responsible for activities undertaken through your Account to the extent attributable to your acts, omissions, negligence or failure to maintain reasonable account security.

Wiselayne shall not be responsible for losses arising solely from your failure to maintain the confidentiality of your credentials, except to the extent liability cannot lawfully be excluded.

5. DIGITAL PRODUCTS

All Products currently offered through Wiselayne are digital Products and are ordinarily supplied electronically in PDF format.

The Platform states that Products are delivered electronically, with immediate download access following successful payment and without physical shipping.

Accordingly:

  • no physical Product is ordinarily dispatched;
  • no physical shipping charges ordinarily apply;
  • delivery is electronic;
  • access may be provided immediately after successful payment;
  • the Product may be accessed through the applicable download mechanism or customer library; and
  • the Product may remain available for lifetime access subject to the applicable Platform terms and continued availability.

Wiselayne currently represents that purchased guides provide instant, lifetime access, including future updates where applicable.

However, lifetime access shall not be interpreted as a guarantee that the Platform or a particular technological delivery mechanism will remain permanently available without interruption. Wiselayne may reasonably modify, replace or discontinue technical systems, provided that such action is subject to applicable law and the rights expressly applicable to completed purchases.

6. PRODUCT DESCRIPTION AND INFORMATION

Wiselayne makes reasonable efforts to ensure that Product descriptions, titles, page counts, summaries, images, specifications and other information displayed on the Platform are accurate.

However, minor variations may occur due to:

  • formatting changes;
  • updates to a Product;
  • technical rendering;
  • corrections;
  • revisions;
  • changes in layout; or
  • other reasonable operational requirements.

The Product purchased by the customer shall be the Product identified in the applicable transaction confirmation.

Customers are responsible for reviewing the Product description and other material information before completing a purchase.

7. NATURE AND PURPOSE OF PRODUCTS

Wiselayne’s Products are intended primarily for educational, informational, lifestyle and self improvement purposes.

The Products may contain structured exercises, routines, suggestions, educational explanations, behavioural strategies, lifestyle recommendations, protocols or other informational material.

The fact that a Product refers to a particular health, wellness, psychological or behavioural topic does not by itself mean that the Product constitutes professional treatment or personalised professional advice.

The customer remains responsible for determining whether the information contained in a Product is appropriate for their individual circumstances.

8. EDUCATIONAL, HEALTH AND PROFESSIONAL DISCLAIMER

Wiselayne’s guides are intended for educational, informational and self improvement purposes and are not a substitute for professional advice or treatment. The current Platform expressly states that its guides are not medical, psychological, legal, financial or other professional advice.

Nothing contained in any Product shall be interpreted as:

  • a medical diagnosis;
  • medical treatment;
  • a prescription;
  • psychological or psychiatric treatment;
  • professional counselling;
  • legal advice;
  • financial or investment advice;
  • taxation advice;
  • professional business advice; or
  • any other specialised professional advice.

Where a Product discusses health, wellness, nutrition, exercise, sleep, mental wellness, behavioural patterns or related subjects, such information is provided for general educational purposes.

Customers should consult an appropriately qualified professional before making decisions involving medical treatment, medication, mental health, pregnancy, significant dietary or lifestyle changes, financial matters, legal rights or any other matter requiring professional expertise.

9. NO GUARANTEE OF PARTICULAR RESULTS

Wiselayne does not guarantee that any Product will produce a particular personal, health, lifestyle, psychological, professional or other outcome.

The Platform currently uses descriptions such as “real, lasting results”, “measurable results in 30 days” and “real transformation” as part of its product presentation. Such statements shall not be construed as a guarantee that every customer will achieve identical or particular results.

Individual results may vary depending upon numerous factors, including:

  • individual circumstances;
  • consistency of use;
  • adherence to suggested practices;
  • existing lifestyle;
  • personal characteristics;
  • health or other relevant conditions;
  • external circumstances; and
  • factors outside Wiselayne’s control.

Any decision to follow information contained in a Product shall be made by the customer at their own discretion and responsibility.

10. CUSTOMER RESPONSIBILITY

The customer remains solely responsible for evaluating information contained in the Products and determining whether, when and how to use such information.

Customers should exercise independent judgment, particularly where a decision may have significant:

  • health;
  • mental health;
  • financial;
  • legal;
  • professional;
  • family; or
  • other personal consequences.

Nothing in the Products is intended to require the customer to undertake any particular action.

11. EMERGENCIES AND CRISIS SITUATIONS

Wiselayne Products are not intended to address emergencies or situations involving immediate risk of harm.

The Platform and Products must not be used as a substitute for:

  • emergency medical assistance;
  • emergency psychological or psychiatric intervention;
  • crisis services;
  • professional healthcare;
  • law enforcement assistance; or
  • other appropriate emergency intervention.

Where a person is experiencing an emergency or immediate risk of harm, appropriate emergency services or qualified professionals should be contacted immediately.

12. PRICING

Prices for Products shall be displayed on the Platform in the applicable currency.

The price applicable to a transaction shall ordinarily be the price displayed at the time the customer places the Order, subject to correction of any manifest error.

Wiselayne may modify Product prices from time to time.

A price change shall ordinarily apply prospectively to purchases made after the change and shall not retrospectively alter the price of a completed transaction, except where permitted or required by applicable law.

Applicable taxes, duties or other charges may be added where required by applicable law or applicable payment arrangements. The existing Wiselayne Terms also contemplate that applicable sales taxes or digital supply duties may be added where legally required.

13. PAYMENT

Payment may be required before access to a Product is provided.

Payments may be processed through third party payment gateways or other authorised payment service providers.

By making payment, you represent that:

  • you are authorised to use the selected payment method;
  • the information supplied for payment is accurate;
  • the transaction is legitimate; and
  • you will not attempt to fraudulently reverse or manipulate the transaction.

Wiselayne currently states that payment processing is undertaken through third party payment gateways and that Wiselayne does not capture or store complete card or banking details, with payment operations being handled on provider systems.

14. ORDER CONFIRMATION AND DELIVERY

Following successful payment, Wiselayne may provide:

  • an order confirmation;
  • download access;
  • an account library entry;
  • an email containing access information; or
  • another electronic delivery mechanism.

The current Platform states that its PDF guides are available for immediate download after payment.

A Product shall ordinarily be treated as delivered when it has been successfully made available to the customer’s Account, digital library, download interface or registered email address.

15. CUSTOMER CAUSED DELIVERY ISSUES

Wiselayne shall not ordinarily be responsible for delivery difficulties caused solely by:

  • incorrect email information;
  • incorrect Account information;
  • customer device limitations;
  • unsupported software;
  • inadequate storage;
  • unstable internet connectivity;
  • customer firewall or security settings;
  • failure to access an email;
  • deletion of an access email; or
  • other circumstances attributable to the customer.

Where reasonably possible, Wiselayne may assist the customer in restoring access.

16. CANCELLATION AND REFUNDS

Because Wiselayne’s Products are digital Products that may be delivered and accessed immediately after payment, purchases are generally final and non refundable, subject to the applicable Refund Policy and mandatory rights available under applicable law.

The current Wiselayne Refund Policy provides that refunds are generally not available after successful download, subject to specified exceptions including duplicate transactions, verified non delivery and certain corrupted or defective files.

The Refund Policy forms an integral part of these Terms.

Nothing in these Terms shall exclude, restrict or waive any mandatory statutory consumer right or remedy that cannot lawfully be excluded.

17. REFUND POLICY

Refunds shall be governed by the Wiselayne Refund Policy applicable to the relevant transaction.

Subject to that Policy and applicable law, a refund shall not ordinarily be available merely because:

  • the customer changes their mind;
  • the customer makes an accidental purchase;
  • the customer no longer requires the Product;
  • the customer does not like the content;
  • the customer expected different results;
  • the customer fails to read the Product description before purchase;
  • the customer’s device or PDF reader does not function correctly;
  • the customer’s internet connection is unstable;
  • the customer does not use or complete the guide;
  • the customer does not obtain the expected personal outcome; or
  • the customer otherwise changes their preference after purchase.

The detailed refund procedure, applicable request period and eligible circumstances shall be governed by the separate Refund Policy. The current published policy provides a 48 hour window for refund enquiries or claims and identifies duplicate payments, verified non delivery and defective/corrupted files as potential refund circumstances.

18. TECHNICAL ISSUES AND ACCESS

Wiselayne shall make reasonable efforts to maintain its Platform and digital delivery systems.

However, Wiselayne does not guarantee that:

  • the Platform will always be available;
  • downloads will always occur without interruption;
  • the website will always be error free;
  • third party infrastructure will remain uninterrupted; or
  • every device or software environment will support every technical feature.

Where a technical problem attributable to Wiselayne prevents a customer from accessing a purchased Product, Wiselayne may, where reasonably possible:

  • resend the Product;
  • provide an alternative download link;
  • restore library access;
  • provide a replacement file;
  • resolve the technical issue; or
  • provide another appropriate resolution.

The current Refund Policy expressly adopts a “resolution first” approach to technical delivery issues before a refund is considered.

19. DUPLICATE PAYMENTS

Where a customer is charged more than once for the same Product due to a verified payment processing error, the customer should contact Wiselayne with the relevant transaction details.

Following verification, the duplicate amount may be refunded in accordance with the applicable Refund Policy.

Where payment has been deducted but the Order or Product has not been successfully created, Wiselayne may, following verification:

  • activate the corresponding Order;
  • provide the purchased Product; or
  • process an appropriate refund,

as applicable.

20. PRODUCT UPDATES

Wiselayne may periodically update, revise, correct or improve its digital Products.

Updates may include:

  • correction of errors;
  • improvements to formatting;
  • additional educational content;
  • revisions;
  • updated references;
  • technical improvements; or
  • other reasonable modifications.

Where applicable, purchased Products may receive future updates as part of the customer’s access rights.

The reference to “lifetime access” on the Platform shall not require Wiselayne to maintain obsolete technical systems indefinitely or prevent reasonable replacement of a Product by a substantially equivalent updated version.

21. LICENSE GRANTED TO CUSTOMER

Upon successful purchase, Wiselayne grants the customer a limited, non exclusive, non transferable, revocable licence to access and use the purchased Product for the customer’s personal, non commercial use.

The licence does not transfer ownership of the Product or any intellectual property rights to the customer.

The customer shall not:

  • resell the Product;
  • rent or lease the Product;
  • distribute the Product;
  • upload the Product to public websites;
  • share download links;
  • share private access credentials;
  • commercially exploit the Product;
  • reproduce the Product for third parties;
  • create and sell derivative works based on the Product; or
  • otherwise exploit the Product beyond the personal licence granted.

These restrictions are consistent with Wiselayne’s currently published licence terms, which expressly prohibit resale, redistribution, public uploading, sharing of private download links, modification for sale and commercial use.

22. INTELLECTUAL PROPERTY RIGHTS

All intellectual property forming part of the Platform and Products, including but not limited to:

  • Product content;
  • PDF guides;
  • written material;
  • text;
  • graphics;
  • illustrations;
  • photographs;
  • videos;
  • logos;
  • trademarks;
  • service marks;
  • website design;
  • website layout;
  • software;
  • interfaces;
  • databases;
  • digital assets; and
  • other proprietary materials

shall belong to Wiselayne, Silvasiyaa Private Limited, their licensors or the respective rights holders, as applicable.

Nothing in these Terms transfers ownership of intellectual property to the customer.

Except as expressly permitted by Wiselayne or applicable law, the customer shall not:

  • copy;
  • reproduce;
  • modify;
  • publish;
  • distribute;
  • transmit;
  • sell;
  • license;
  • commercially exploit;
  • create derivative works from; or
  • otherwise misuse

Wiselayne’s intellectual property.

23. CUSTOMER CONTENT AND FEEDBACK

Where the Platform permits customers to submit reviews, feedback, questions, comments or other material, the customer shall ensure that such content is:

  • truthful;
  • lawful;
  • non defamatory;
  • non infringing;
  • non threatening; and
  • not otherwise prohibited by law.

Customers shall not upload malicious code or material that infringes another person’s intellectual property, privacy or other legal rights.

Wiselayne may remove, restrict or moderate content that violates these Terms or applicable law.

Where permitted by applicable law and subject to the applicable Privacy Policy, Wiselayne may use customer feedback for improving its Products and Services.

24. USER OBLIGATIONS

Users shall use the Platform responsibly, lawfully and in accordance with these Terms.

You shall not:

  • provide false or misleading information;
  • impersonate another person;
  • use another person’s Account without authorisation;
  • attempt to gain unauthorised access to the Platform;
  • hack, attack or disrupt Platform systems;
  • introduce viruses, malware or harmful code;
  • scrape or systematically extract Platform data without permission;
  • reverse engineer Platform technology except where legally permitted;
  • circumvent technical access controls;
  • bypass payment requirements;
  • distribute purchased digital Products unlawfully;
  • share download links or access credentials;
  • commercially exploit purchased Products without authorisation;
  • fraudulently initiate refund or chargeback claims;
  • interfere with another user’s access;
  • infringe Wiselayne’s intellectual property rights; or
  • otherwise violate applicable law.

25. RESPECTFUL COMMUNICATION

Customers are expected to communicate respectfully with Wiselayne and its personnel, representatives and service providers.

Abusive, threatening, harassing, discriminatory, fraudulent or inappropriate conduct shall not be tolerated.

Subject to applicable law, Wiselayne may restrict or terminate access where such conduct creates a legitimate operational, legal or security concern.

26. PRIVACY AND PERSONAL INFORMATION

Your use of the Platform is also governed by the applicable Wiselayne Privacy Policy.

Depending upon your interaction with the Platform, Wiselayne may collect information including:

  • name;
  • email address;
  • billing information;
  • country or region;
  • order history;
  • Account information;
  • browser information;
  • device information;
  • operating system information;
  • website usage information; and
  • cookies and analytics information.

The current Wiselayne Privacy Policy describes these categories of information and explains that such information may be processed for purchase fulfilment, digital delivery, customer support, website improvement, fraud prevention and communications.

Personal information shall be handled in accordance with the applicable Privacy Policy and applicable law.

27. THIRD PARTY SERVICE PROVIDERS

Wiselayne may use third party providers for functions including:

  • payment processing;
  • cloud hosting;
  • digital delivery;
  • email delivery;
  • website infrastructure;
  • analytics;
  • customer support;
  • security;
  • authentication; and
  • other operational requirements.

The current Privacy Policy identifies payment gateways, transactional email providers, website hosting, analytics tools and customer support integrations among its operational third party services.

Third party providers may operate under their own terms and privacy policies.

Wiselayne shall not be responsible for the independent acts, omissions, policies or availability of third party services except to the extent liability cannot lawfully be excluded.

29. ACCOUNT SUSPENSION AND TERMINATION

Wiselayne may suspend, restrict or terminate an Account or access to the Platform, subject to applicable law, where reasonably necessary, including where:

  • these Terms are violated;
  • fraudulent activity is suspected;
  • Products are unlawfully redistributed;
  • payment fraud is suspected;
  • unauthorised Account use occurs;
  • the Platform is misused;
  • intellectual property rights are infringed;
  • unlawful activity is suspected; or
  • action is required by law or a competent authority.

Termination shall not affect rights or obligations accrued before termination.

Where access is terminated because of the customer’s unlawful or unauthorised conduct, Wiselayne may take such additional measures as may reasonably be available under applicable law.

30. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Platform and Products are provided on an “as is” and “as available” basis.

Wiselayne does not warrant that:

  • the Platform will always be available;
  • the Platform will always be uninterrupted;
  • all information will always be complete or error free;
  • every Product will be suitable for every individual;
  • every user will achieve a particular result;
  • the information contained in Products will constitute professional advice; or
  • the Platform will be free from all technical defects.

Nothing in these Terms shall exclude or limit any liability or statutory right that cannot lawfully be excluded or limited.

31. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Wiselayne, and their respective directors, officers, employees, representatives, consultants, contractors and service providers shall not be liable for indirect, incidental, special, consequential or punitive losses arising out of or relating to:

  • use of the Platform;
  • inability to access the Platform;
  • use or inability to use a Product;
  • reliance upon information contained in a Product;
  • failure to achieve an expected personal outcome;
  • technical interruption;
  • third party services;
  • device incompatibility;
  • internet or telecommunications failures; or
  • circumstances beyond reasonable control.

Subject to applicable law, the aggregate liability of Wiselayne arising specifically from a particular Product shall not exceed the amount actually paid by the customer for that Product.

Nothing in this clause shall exclude or restrict liability to the extent such exclusion or restriction is prohibited by applicable law.

32. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Wiselayne, and their respective directors, officers, employees, representatives, consultants, contractors and service providers against claims, losses, liabilities, damages, costs and expenses arising from or relating to:

  • your breach of these Terms;
  • your misuse of the Platform or Products;
  • your violation of applicable law;
  • fraudulent or misleading information supplied by you;
  • infringement of another person’s rights by you;
  • unauthorised distribution or commercial exploitation of Products; or
  • unauthorised use of your Account attributable to your negligence, misconduct or breach of these Terms.

This provision shall operate subject to applicable law.

33. FORCE MAJEURE

Wiselayne shall not be responsible for delay, interruption or failure to perform an obligation where such delay or failure results from circumstances beyond its reasonable control, including:

  • natural disasters;
  • fire;
  • flood;
  • epidemic or pandemic;
  • governmental action;
  • war;
  • civil disturbance;
  • strikes;
  • telecommunications failure;
  • internet disruption;
  • cyber incidents;
  • power failure;
  • hosting failure;
  • cloud infrastructure failure;
  • payment provider failure;
  • technology infrastructure failure; or
  • other circumstances beyond reasonable control.

Where reasonably possible, Wiselayne may take appropriate steps to restore affected services.

34. NO WAIVER OF STATUTORY RIGHTS

Nothing contained in these Terms is intended to exclude, restrict, waive or diminish any right or remedy available to a customer under applicable law where such right or remedy cannot legally be excluded, restricted or waived.

All exclusions, limitations and disclaimers contained in these Terms shall apply only to the maximum extent legally permissible.

35. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to applicable law, disputes arising out of or relating to these Terms, the Platform or Products shall be subject to the jurisdiction of the competent courts having jurisdiction over the matter.

Nothing in this clause shall restrict any mandatory jurisdiction or consumer remedy available under applicable law.

36. GRIEVANCE REDRESSAL AND CUSTOMER SUPPORT

For any query, complaint, Product access issue, payment issue, refund request, privacy concern or other matter relating to the Platform or Products, customers may contact:

Wiselayne

Operated by: Silvasiyaa Private Limited

Email: support@wiselayne.com

Wiselayne shall make reasonable efforts to review and address customer concerns in accordance with its applicable policies and applicable law.

The current Platform identifies support@wiselayne.com as its customer support contact.

Where applicable law requires additional grievance related information or appointment of a specific grievance officer, such information shall be provided or updated on the Platform as required.

37. NOTICES AND COMMUNICATIONS

Where necessary, notices and service related communications may be communicated through:

  • registered email address;
  • registered mobile number;
  • customer Account;
  • digital library;
  • Platform notifications; or
  • other contact information supplied by the customer.

Transaction related communications may include:

  • order confirmations;
  • payment confirmations;
  • download links;
  • access information;
  • Account notifications;
  • security alerts;
  • Product updates;
  • customer support communications; and
  • refund related communications.

Promotional communications, where undertaken, shall be subject to applicable law and applicable consent or preference requirements.

38. CHANGES TO SERVICES AND PLATFORM

Wiselayne reserves the right to modify, suspend, discontinue or alter any part of the Platform, Product catalogue, feature, functionality, content, layout or technical infrastructure from time to time.

Such changes may be made for:

  • operational reasons;
  • technical reasons;
  • security reasons;
  • commercial reasons;
  • legal or regulatory reasons; or
  • other legitimate business purposes.

Where required by applicable law, appropriate notice shall be provided.

A modification shall not retrospectively alter the material terms of a completed transaction except where permitted or required by applicable law.

39. MODIFICATION AND UPDATION OF THESE TERMS

Wiselayne reserves the right, subject to applicable law, to alter, modify, amend, update, replace or otherwise revise these Terms from time to time.

Any revised Terms shall be published on the Platform.

Users are responsible for periodically reviewing the Terms.

Revised Terms shall ordinarily apply to use of the Platform and transactions undertaken after the revised Terms become effective.

Where applicable law requires separate notice or affirmative acceptance, Wiselayne shall take such steps as may be required.

40. RELATIONSHIP BETWEEN THE PARTIES

Nothing in these Terms creates or shall be interpreted as creating:

  • a partnership;
  • joint venture;
  • agency;
  • employment relationship;
  • fiduciary relationship; or
  • other relationship

between the customer and Wiselayne except for the contractual relationship expressly created through these Terms.

41. SEVERABILITY

If any provision of these Terms is determined by a competent authority to be invalid, unlawful or unenforceable, that provision shall, to the extent legally permissible, be modified or interpreted to the minimum extent necessary to make it enforceable.

The remaining provisions shall continue in full force and effect.

42. WAIVER

Failure or delay by Wiselayne in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

Any waiver shall be effective only to the extent expressly made and permitted under applicable law.

43. ENTIRE AGREEMENT AND POLICY HIERARCHY

These Terms, together with the applicable:

  • Privacy Policy;
  • Refund Policy;
  • Cookie Policy;
  • Product specific terms; and
  • other terms expressly communicated to the customer

constitute the agreement governing the customer’s use of the Platform and purchase of Products.

Where a Product specific term is expressly communicated to the customer at or before purchase, such term shall apply to that particular transaction to the extent of any inconsistency and to the extent permitted by applicable law.

The Refund Policy shall govern questions specifically concerning refunds.

The Privacy Policy shall govern processing of personal information.

The Cookie Policy shall govern the use of cookies and similar technologies.

Nothing in any policy shall be interpreted to exclude or restrict a mandatory statutory right or remedy.

44. SURVIVAL

Any provisions which by their nature are intended to survive termination or cessation of use of the Platform shall continue to apply after termination.

Such provisions include, where applicable:

  • intellectual property rights;
  • licence restrictions;
  • disclaimers;
  • limitation of liability;
  • indemnification;
  • governing law;
  • dispute related provisions;
  • privacy and data obligations to the extent applicable;
  • payment obligations; and
  • any other provision which by its nature is intended to survive.

45. ACCEPTANCE OF TERMS

By accessing the Platform, creating an Account, placing an Order, making payment, downloading a Product or otherwise using the Services, the customer acknowledges that they have had an opportunity to review these Terms and agrees to be bound by them.

Where the Platform requires the customer to affirmatively accept these Terms before placing an Order, such acceptance shall constitute the customer’s express agreement to these Terms.

If the customer does not agree with these Terms, the customer should not use the Platform or purchase any Product.

46. CONTACT US

For questions, complaints, clarification or assistance concerning these Terms & Conditions, please contact:

Wiselayne

Email: support@wiselayne.com