We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.

Note:
Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.

By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

 

Collection of Personally Identifiable Information and other Information

When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”.

We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.

Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

If you choose to buy on the Website, we collect information about your buying behaviour.

If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.

We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

 

Use of Demographic / Profile Data / Your Information

We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.

In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our Website.

We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

Cookies

A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.

 

Sharing of personal information

We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

 

Links to Other Sites

Our Website links to other websites that may collect personally identifiable information about fwt.asia is not responsible for the privacy practices or the content of those linked websites.

 

Security Precautions

Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

 

Choice/Opt-Out

We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.

If you want to remove your contact information from all fwt.asia lists and newsletters, please visit send us an email to [email protected]

 

Advertisements on fwt.asia

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

 

Your Consent

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to Your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

 

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Tesla IT Services Pvt. Ltd.

Regent Tower, Race Course Circle,
Vadodara 390007
Gujarat, India

Email: [email protected]
Time: Mon to Sat (9:00 to 18:00)

 

Questions?

Please contact us regarding any questions regarding this statement.

Our Commitment

The fwt.asia community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to fwt.asia’s hosts and guests: inclusion and respect. Our shared commitment to these principles enables every member of our community to feel welcome on the fwt.asia platform no matter who they are, where they come from, how they worship, or whom they love. fwt.asia recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability. fwt.asia will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.

We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination and intolerance from our platform. We want to promote a culture within the fwt.asia community—hosts, guests, service providers, home owners, service users and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, fwt.asia employees, hosts, service providers, users and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.

Inclusion – We welcome guests of all backgrounds with authentic hospitality and open minds. Joining fwt.asia, as a host, service provider, user or guest, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts & service providers are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.

Respect – We are respectful of each other in our interactions and encounters. fwt.asia appreciates that local laws and cultural norms vary around the world and expects hosts, service providers, home owners, users and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. fwt.asia’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, fwt.asia fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

 

fwt.asia hosts & service providers may not:

Decline a guest based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

 

Gender

fwt.asia hosts & service providers may not:

Decline to rent or provide a service to a guest/user/home owner based on gender unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.

Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.

fwt.asia hosts may:
Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.

 

Disability

fwt.asia hosts may not:

Decline a guest based on any actual or perceived disability.

Impose any different terms or conditions based on the fact that the guest has a disability.

Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.

Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host/service provider may, and should, discuss with the potential guest/users whether the listing/service meets the potential guest’s needs.

Prohibit or limit the use of mobility devices.

Charge more in rent or other fees for guests with disabilities.

Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.

Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).

Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.

fwt.asia hosts may:
Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.

Personal Preferences

fwt.asia hosts may:
Except as noted above, fwt.asia hosts may decline to rent based on factors that are not prohibited by law. For example, except where prohibited by law, fwt.asia hosts may decline to rent guests with pets, or to guests who smoke.

Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions).
Nothing in this policy prevents a host from turning down a guest on the basis of a characteristic that is not protected under the civil rights laws or closely associated with a protected class. For example, an fwt.asia host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.

When guests are turned down. Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons), undermine the strength of our community by making potential guests feel unwelcome, and fwt.asia may suspend hosts who have demonstrated such a pattern from the fwt.asia platform.

 

Specific Guidance for applicable Countries

Some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts/service providers to violate local laws, nor to accept guests that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts/Service Providers who live in such areas should set out any such restriction on their ability to host particular guests in their listing, so that prospective guests are aware of the issue and fwt.asia can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community.

What happens when a host does not comply with our policies in this area?

If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. fwt.asia may also, in its discretion, take steps up to and including suspending the host from the fwt.asia platform.

If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, fwt.asia will take steps to enforce this policy, up to and including suspending the host from the platform.

As the fwt.asia community grows, we will continue to ensure that fwt.asia’s policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the fwt.asia platform. The public, our community, and we ourselves, expect no less than this.

fwt.asia uses cookies and similar technologies to help provide, protect, and improve the fwt.asia Platform. This policy explains how and why we use these technologies and the choices you have.

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies used on the fwt.asia Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the fwt.asia Platform.

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data (as described in the Privacy Policy). For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

 

Why fwt.asia Uses These Technologies

We use these technologies for a number of purposes, such as:

  • To enable you to use and access the fwt.asia Platform and the Payment Services.
  • To enable, facilitate and streamline the functioning of and your access to the fwt.asia Platform.
  • To better understand how you navigate through and interact with the fwt.asia Platform and to improve the fwt.asia Platform.
  • To serve you tailored advertising (on the fwt.asia Platform and on third party websites).
  • To show you content (e.g., advertisements) that is more relevant to you.
  • To monitor and analyze the performance, operation, and effectiveness of the fwt.asia Platform and fwt.asia advertisements.
  • To enforce legal agreements that govern use of the fwt.asia Platform.
  • For fraud detection and prevention, and investigations.
  • For purposes of our own customer support, analytics, research, product development, and regulatory compliance.
  • Third Parties
    • We may also allow certain business partners to place these technologies on the fwt.asia Platform. These partners use these technologies to (1) help us analyze how you use the fwt.asia Platform, such as by noting the third party services from which you arrived, (2) market and advertise fwt.asia services to you on the fwt.asia Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the fwt.asia Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the fwt.asia Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here.

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the fwt.asia Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the fwt.asia Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

 

Third Party Social Plugins

The fwt.asia Platform may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the fwt.asia Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the fwt.asia Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

 

Your Choices

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, some parts of the fwt.asia Platform may not work as intended or may not work at all.

If you choose to decline cookies, some parts of the fwt.asia Platform may not work as intended or may not work at all.

Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between fwt.asia operating from its Registered Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the fwt.asia website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and fwt.asia services available through the domain and sub-domains of fwt.asia located at fwt.asia (collectively referred to herein as the “Website”), and (ii) the online transactions between those users of the Website who are offering services (each, a “Service Professional”) and those users of the Website who are obtaining services (each, a “Service User”) through the Website (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

The Website is owned and operated by Tesla IT Services Pvt. Ltd.

You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
fwt.asia reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and fwt.asia will post the amended Terms of Use at the domain of fwt.asia/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

2. PRIVACY POLICY

fwt.asia has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: Privacy Policy

 

Membership and Accessibility

1. LICENSE TO ACCESS
fwt.asia hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without fwt.asia’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with fwt.asia to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to fwt.asia in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your fwt.asia password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify fwt.asia immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without fwt.asia’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not fwt.asia will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of fwt.asia or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

  • You will not copy or distribute any part of the Website in any medium without fwt.asia’s prior written authorization.
  • You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without fwt.asia’s prior written approval.
  • You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • You shall not in any way that transmits more request messages to the fwt.asia servers, or any server of a fwt.asia subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. fwt.asia reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with fwt.asia without express written permission from fwt.asia.
  • You shall not take any action that (i) unreasonably encumbers or, in fwt.asia’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses fwt.asia’s measures that are used to prevent or restrict access to the Website.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

3. ADDITIONAL POLICIES
Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable fwt.asia regulations, guidelines and additional policies that fwt.asia may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that fwt.asia publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, fwt.asia, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

 

Member Conduct

1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your Service (“Offer”), the posting of your desired Service (“Want”), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;

invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

contains falsehoods or misrepresentations that could damage fwt.asia or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant fwt.asia all of the license rights granted herein;

contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a fwt.asia employee, agent, manager, host, another user, or any other person though any means;

advertises or solicits a business not related to or appropriate for the Website (as determined by fwt.asia in its sole discretion);

contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

distributes or contains viruses or any other technologies that may harm fwt.asia, or the interests or property of fwt.asia users

contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;

contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of fwt.asia

2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:

offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
unsolicited advertising or marketing of a service not offered on the Website or an external website.

3. NO DISCRIMINATION
1. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. fwt.asia will not knowingly accept any Posting which is in violation of the law. fwt.asia has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

2. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website, you shall not:

post content or items in any inappropriate category or areas on the Website;
violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;

fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;

circumvent or manipulate our fee structure, the billing process, or fees owed to fwt.asia; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

 

FEEDBACK

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.

1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, fwt.asia, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

2. Reporting Inappropriate Use of Feedback. You may contact fwt.asia regarding any inappropriate use of Feedback via-email at [email protected]

3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, fwt.asia shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, fwt.asia HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. fwt.asia reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that fwt.asia determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. fwt.asia reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that fwt.asia deems appropriate in fwt.asia’s sole discretion. fwt.asia may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at fwt.asia’s discretion, fwt.asia will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.fwt.asia does not and cannot review every Posting posted to the Website. These prohibitions do not require fwt.asia to monitor, police or remove any Postings or other information submitted by you or any other user.

 

Rules for Service Professionals

1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT fwt.asia FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through fwt.asia to purchase the Service or any other service outside of fwt.asia; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.

In case we realize that any professional is involved in any of the above activities, fwt.asia holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by fwt.asia as approved payment methods; (b) include links that do not conform to fwt.asia’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s website with any information in addition to the Service provided via fwt.asia; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

4. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form

5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, fwt.asia, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.

 

Rules for Service Users

1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by fwt.asia in connection with the use or purchase of any Service.

2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, fwt.asia, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User’s status earned via the Feedback page.

 

Use of Submitted Content

1. NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, fwt.asia does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that fwt.asia shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.

You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to fwt.asia.

fwt.asia may also disclose user information including personal information if fwt.asia reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate fwt.asia’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

2. YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize fwt.asia to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO fwt.asia
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to fwt.asia for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to fwt.asia a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and fwt.asia’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

4. fwt.asia’S DISCLAIMERS AND RIGHT TO REMOVE
1. fwt.asia does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and fwt.asia expressly disclaims any and all liability in connection with all Submitted Content. fwt.asia does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and fwt.asia will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section J below, that such Posting or Submitted Content infringes on another’s intellectual property rights. fwt.asia reserves the right to remove any Data or Submitted Content without prior notice. fwt.asia will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. fwt.asia also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. fwt.asia may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that fwt.asia is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against fwt.asia with respect thereto, and agree to indemnify and hold fwt.asia, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that fwt.asia may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

5. SUGGESTIONS.
If you send or transmit any communications, comments, questions, suggestions, or related materials to fwt.asia, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and fwt.asia is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that fwt.asia is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

 

Copyright Infringement Take Down Procedure

fwt.asia has high regard for intellectual property and expects the same level of standard to be employed by its users. fwt.asia may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit fwt.asia to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit fwt.asia to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through fwt.asia’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

Modifications to or Termination of Website

1. MODIFICATION OR CESSATION OF WEBSITE
fwt.asia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that fwt.asia shall not be liable to you or to any third party for any modification, suspension or discontinuance of fwt.asia services.

2. TERMINATION BY fwt.asia
You hereby acknowledge and agree that fwt.asia, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if fwt.asia believes or has reason to believe that you have violated any provision of the Terms of Use.

3. TERMINATION BY YOU
You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under “Account Preferences” to “Deactivate Account.”

4. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the fwt.asia system.

Unless fwt.asia has previously cancelled or terminated your use of the Website (in which case subsequent notice by fwt.asia shall not be required), if you provided a valid email address during registration, fwt.asia will notify you via email of any such termination or cancellation, which shall be effective immediately upon fwt.asia’s delivery of such notice.

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of fwt.asia Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that fwt.asia shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, fwt.asia retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted fwt.asia hereunder shall remain in effect for the foregoing purpose. In no event is fwt.asia obligated to return any Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Website or your Account.

You agree to indemnify and hold fwt.asia, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

L. Intellectual Property Rights
1. fwt.asia OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by fwt.asia. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. fwt.asia reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

2. fwt.asia’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website contains fwt.asia’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and fwt.asia owns and retains all rights in the fwt.asia Data and Marks. Subject to these Terms of Use, fwt.asia hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the fwt.asia Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

 

fwt.asia Fees

1. FEES INCURRED BY SERVICE PROFESSIONALS
Joining fwt.asia, opening an Account, posting Services and viewing posted Services is free. fwt.asia charges the service provider when an order for the service of the service provider is confirmed. Unless otherwise stated on category listing page, a fee of 10% of the order is charged as fwt.asia service fees.

The service professional is entitled to refund of credits that is credited back in their wallet in the following conditions:

1. Refunds are processed when customer cancels request
2. Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response

fwt.asia offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. fwt.asia reserves the right to charge fees for these services at its sole discretion.

2. FEES INCURRED BY SERVICE USERS
Joining fwt.asia, opening an Account, viewing posted Services, and bidding on posted Services is free. fwt.asia currently does not charge Service Users for transactions completed on the Website between Service Users and Services Professionals. However, fwt.asia reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after fwt.asia has provided you with thirty (30) days’ notice by posting the changes on the Website.

If applicable, you agree to pay all fees or charges to your Account based on fwt.asia’s fees, charges and billing terms then in effect. If you do not pay on time or if fwt.asia cannot charge your credit card, any payment gateway or other payment method for any reason, fwt.asia reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that fwt.asia is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that fwt.asia may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. fwt.asia reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

3. TAXES
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that fwt.asia shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.

4. REFUND POLICY
All commissions payable to fwt.asia by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.

All monies paid by Service Professionals in form of “Credits” are non-interest bearing. Unutilised and unclaimed “Credits” for a period of more than 364 days from the date of purchase of “Credits” shall expire and stand forfeited. No refunds of credits will be processed after the expiry date.

N. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, fwt.asia provides a general framework for negotiating the terms of Service (e.g., rate) (“Negotiation Worksheet”). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet.

You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. fwt.asia makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will fwt.asia be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.

2. fwt.asia IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that fwt.asia is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that fwt.asia only seeks to provide a platform wherein the Service User and Service Professional can be brought together and fwt.asia itself has not role in the execution or provision of Services.

3. NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind fwt.asia in any respect. All Service Professionals are independent contractors. Neither fwt.asia nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

4. DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.

You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that fwt.asia does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While fwt.asia may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by fwt.asia is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that fwt.asia only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE fwt.asia only seeks to provide a platform wherein the Service User and Service Professional can be brought together and fwt.asia itself has not role in the execution or provision of Services ITSELF, URBAN CLAP SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT fwt.asia IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE fwt.asia, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

 

Dispute Resolution

If a dispute arises between you and fwt.asia, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and fwt.asia hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [email protected] The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.

 

Advertisements

Aspects of the Website and other fwt.asia services may be supported by advertising revenue. As such, fwt.asia may display advertisements and promotions on the service. The manner, mode and extent of advertising by fwt.asia on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by fwt.asia of any advertised products or services. You agree that fwt.asia shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

 

Third-party Links, Contact Forms and Phone Numbers

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because fwt.asia has no control over such sites and resources, you acknowledge and agree that fwt.asia is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be fwt.asia’s endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that fwt.asia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than fwt.asia. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with fwt.asia. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than fwt.asia are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

 

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND fwt.asia AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHEREIS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. fwt.asia DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. fwt.asia DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. fwt.asia WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitations of Liability

1. IN NO EVENT SHALL fwt.asia, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT fwt.asia IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF fwt.asia, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO fwt.asia BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT fwt.asia SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT fwt.asia SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.

THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY fwt.asia. fwt.asia DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, fwt.asia WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE fwt.asia FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE WEBSITE.

3. FORCE MAJEURE
Neither fwt.asia nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

 

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS fwt.asia, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE fwt.asia (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY fwt.asia WITHOUT RESTRICTION.

 

No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

 

Notice

You agree that fwt.asia may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

 

General Information

1. ENTIRE TERMS OF USE
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by fwt.asia on the Website, shall constitute the entire agreement between you and fwt.asia concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and fwt.asia’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

3. SECTION HEADINGS
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

Appliances

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • Any appliance which is repairable would be insured only upto the repair amount or the amount mentioned above or the depreciated value’.
  • We do not undertake any repairs related to the printed circuit board (PCB) neither will we be able to provide any warranty for the same.
  • We strongly discourage any direct contact with our fwt.asia Expert regarding a job booked through us, as in such cases fwt.asia has no control over the situation or condition. All warranty and service assurance offered by fwt.asia, in such case, stands null & void.

 

Beauty

  • From wax heaters to pedicure tubs; from disposable gowns to nail paint remover- our beauticians carry everything in their magic bags! All you need to do is heat some water for us and be ready to be pampered!
  • Coupons may not be applicable on the beauty packages since its already at discounted rates

 

Plumbing

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • We provide a 7-day warranty on all repairs (spares excluded)
  • We strongly discourage any direct contact with our fwt.asia Expert regarding a job booked through us, as in such cases fwt.asia has no control over the situation or condition. All warranty and service assurance offered by fwt.asia, in such case, stands null & void.

 

Electrical

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • We provide a 7-day warranty on all repairs (spares excluded)
  • We strongly discourage any direct contact with our fwt.asia Expert regarding a job booked through us, as in such cases fwt.asia has no control over the situation or condition. All warranty and service assurance offered by fwt.asia, in such case, stands null & void.

 

Carpentry

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • We provide a 7-day warranty on all repairs (spares excluded)
  • We strongly discourage any direct contact with our fwt.asia Expert regarding a job booked through us, as in such cases fwt.asia has no control over the situation or condition. All warranty and service assurance offered by fwt.asia, in such case, stands null & void.

 

Laundry

  • Please ensure that you check the line items on the invoice/job sheet at the time of handing over the clothes.
  • Please examine the garments at the time of delivery, we will not be responsible for any damages indicated after delivery.
  • Please do not remove tags from washed clothes if you are unhappy with the quality of wash.
  • We are not responsible for fastness / running of color/ shrinkage / damage /embroidery work on the garments during process.
  • Every effort is made to remove stains. If stains are not removable, the customer shall not have any rights to claim deduction in charges.

 

Electronics

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • Any device which is repairable would be insured only upto the repair amount or the amount mentioned above or the depreciated value
  • We strongly discourage any direct contact with our fwt.asia Expert regarding a job booked through us, as in such cases fwt.asia has no control over the situation or condition. All warranty and service assurance offered by fwt.asia, in such case, stands null & void.

 

Pest Control

  • Please be aware that it usually takes 3-4 days for the treatment to start taking effect and 12 days for complete outcome

 

Car & Bike

  • Warranty/guarantee on spare parts would be as described on the materials’ bill. Please insist for a material bill from our fwt.asia Expert in case he is procuring the materials for you.
  • Please ask for the service checklist and ensure that the mechanic is adhering to it.
  • Service charges will be waived off in case the same problem recurs within 7 days of the service

 

Cleaning Services

  • Before initiating the job at your premises, please confirm with your fwt.asia Expert the areas included & excluded for the service that you have selected.
  • We strongly advise you to make sure that all your belongings are carefully kept in a secure location. Please make sure that any sensitive material is carefully moved under your supervision only. Also, when our team is leaving your premises, please make sure that you have thoroughly checked the entire home.

 

Document Services

  • fwt.asia is not responsible for any loss or damage to the Documents in the process.
  • fwt.asia is acting as an intermediary between the customer and the service provider. It is not liable for any loss or damage monetary or non-monetary.
  • The charge for the service may vary and can be decided upon by the customer and the service provider.

 

Home Security & Automation

  • fwt.asia is an intermediary platform which connects you to an independent service provider (“Service Provider”). This Service Provider renders the Services to you directly.
  • Once you have selected the Service, you acknowledge and agree that your information and details may be shared with such Service Provider.
  • You agree that once you and the Service Provider has been connected via fwt.asia’s platform, the Service Provider will be required to inspect the premises, to communicate the estimate cost of such service. You further acknowledge and agree that only once you have accepted such estimated cost offer, will the Service Provider render the Services.
  • Each booked Service is limited to one Service. Once the Service is booked, it is non-transferable.
  • Goods and Service tax (as per Government Regulations), and any other taxes as applicable, will apply on the quoted prices for the Services.
  • Any payment that has once been remitted to fwt.asia is non-refundable. A full refund may be offered to you, in case of any cancellation from the Service Provider’s end, due to a reason not attributable to your acts or omissions.
  • The Service Provider will not wait for more than 30 (Thirty) minutes at the Service premises, hence it is essential to mention the exact time beforehand. Waiting charges of Rs. 2000/- (Rupees Two Thousand) per hour will be applicable and payable by you, in case the Service does not start at the scheduled time, subject to the availability of the Service Provider.
  • You agree that you shall be bound by the terms and conditions/policy of the service providers, whether in writing or not. These may include, without limitation, product warranty and installation and any guidelines with respect to the service.
  • You acknowledge and agree that some services may not be provided by the Service Provider, or if provided such services may be rendered at extra cost.
  • In the event that the service provider does not communicate any such terms to you, it will be your responsibility to ask for such terms/policy at the time of inspection of the items that are to be installed.
  • In the event that you extend the services, you agree that the costs may be revised by the service provider.
  • In the event of any loss or damage caused to you as a result of an accident, fwt.asia will not be responsible for actions of any service provider. They are independent third parties who provide the services to you.
  • THE SERVICES ARE PROVIDED BY THE THIRD PARTY SERVICE PROVIDERS AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, fwt.asia DISCLAIMS ALL LIABILITIES, WARRANTIES, EXPRESS OR IMPLIED.
  • fwt.asia SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE SERVICES. NOTWITHSTANDING THE ABOVE, THE TOTAL LIABILITY OF fwt.asia, IF ANY, FOR ANY REASON WHATSOEVER, SHALL NOT EXCEED RUPEES ONE THOUSAND.
  • You are under an obligation to ensure the safety of the Service Provider or its personnel, while at the premises, and shall take all reasonable steps to ensure the same is provided for.
  • Any dispute with regards to the quality of Service would have to be resolved mutually between you and the Service Provider.
  • fwt.asia will not be accountable for any misdemeanour or misbehaviour from either the Service Provider or by you.
  • You explicitly agree that you shall not to solicit any services from any service provider directly.
  • fwt.asia will not be liable for any Service carried out without our knowledge by mutual agreement between you and the Service Provider.
  • fwt.asia reserves the right to make changes to any part of these terms and conditions at any point in the future.

 

Movers & Packers

  • fwt.asia is an intermediary platform which connects you to an independent service provider (“Service Provider”). This Service Provider renders the Services to you directly.
  • Once you have selected the Service, you acknowledge and agree that your information and details may be shared with such Service Provider.
  • You agree that once you and the Service Provider has been connected via fwt.asia platform, the Service Provider will be required to inspect all items that need to be packed and/or moved, to communicate the estimate cost of such service. You further acknowledge and agree that only once you have accepted such estimated cost offer, will the Service Provider render the Services.
  • Each booked Service is limited to one Service. Once the Service is booked, it is non-transferable.
  • Goods and Service tax (as per Government Regulations), and any other taxes as applicable, will apply on the quoted prices for the Services.
  • Any payment that has once been remitted to fwt.asia is non-refundable. A full refund may be offered to you, in case of any cancellation from the Service Provider’s end, due to a reason not attributable to your acts or omissions.
  • The Service Provider will not wait for more than 30 (Thirty) minutes at the Service premises, hence it is essential to mention the exact time beforehand. Waiting charges of Rs. 2000/- (Rupees Two Thousand) per hour will be applicable and payable by you, in case the Service does not start at the scheduled time, subject to the availability of the Service Provider.
  • You agree that you shall be bound by the terms and conditions/policy of the service providers, whether in writing or not. These may include, without limitation, the inventory list, method of packing (fragile items, non-fragile items, and electronic equipment), insurance policy, delivery, timelines, storage, assembling and disassembling (if done), and any guidelines with respect to local and out station delivery.
  • You acknowledge and agree that the Service Provider may not provide any dissembling, dismantling, or carpentry services. You further agree that some services may not be provided by the Service Provider, or if provided such services may be rendered at extra cost.
  • In the event that the service provider does not communicate any such terms to you, it will be your responsibility to ask for such terms/policy at the time of inspection of the items that are to be packed and moved.
  • In the event that you extend the services, you agree that the costs may be revised by the service provider.
  • In the event of any loss or damage caused to you as a result of an accident, fwt.asia will not be responsible for actions of any service provider. They are independent third parties who provide the services to you.
  • THE SERVICES ARE PROVIDED BY THE THIRD PARTY SERVICE PROVIDERS AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, fwt.asia DISCLAIMS ALL LIABILITIES, WARRANTIES, EXPRESS OR IMPLIED.
  • fwt.asia SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE SERVICES. NOTWITHSTANDING THE ABOVE, THE TOTAL LIABILITY OF fwt.asia , IF ANY, FOR ANY REASON WHATSOEVER, SHALL NOT EXCEED RUPEES ONE THOUSAND.
  • You are under an obligation to ensure the safety of the Service Provider or its personnel, while at the premises, and shall take all reasonable steps to ensure the same is provided for.
  • Any dispute with regards to the quality of Service would have to be resolved mutually between you and the Service Provider.
  • fwt.asia will not be accountable for any misdemeanour or misbehaviour from either the Service Provider or by you.
  • You explicitly agree that you shall not to solicit any services from any service provider directly.
  • fwt.asia will not be liable for any Service carried out without our knowledge by mutual agreement between you and the Service Provider.
  • fwt.asia reserves the right to make changes to any part of these terms and conditions at any point in the future.

 

If you do have any complaints, suggestions or feedback with regard to the service quality, or our service provider, pricing etc. please email us at [email protected] It is advisable to do this within 24hrs of your service.

Please refer to the Agreement sent to you. You may request a copy by contacting your Account Manager.

These terms and conditions govern fwt.asia’s policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host/Service Provider associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to fwt.asia’s Terms of Service (“fwt.asia Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the fwt.asia Platform and suffer a Travel Issue (as defined below). The Guest’s rights under this Guest Refund Policy will supersede the Host’s cancellation policy.

All capitalized terms shall have the meaning set forth in the fwt.asia Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.

By using the fwt.asia Platform as a Host/Service Provider or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

 

1. Travel Issue

A “Travel Issue” means any one of the following:

(a) the Host/Service Provider of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).

(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:

  • the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
  • whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host/Service Provider, is staying at the Accommodation during the booking,
  • special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
  • the physical location of the Accommodation (proximity).

(c) at the start of the Guest’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in fwt.asia’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed in the Listing.

2. The Guest Refund Policy

If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the fwt.asia Platform (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality. All determinations of fwt.asia with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate Accommodations, shall be in fwt.asia’s discretion, and final and binding on the Guests and Hosts.

3. Conditions to Claim a Travel Issue

To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

(a) you must be the Guest that booked the Accommodation;

(b) you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue , and must respond to any requests by us for additional information or cooperation on the Travel Issue;

(c) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and

(d) unless fwt.asia advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host/Service Provider prior to making a claim for a Travel Issue.

4. Minimum Quality Standards, Host/Service Provider Responsibilities and Reimbursement to Guest

4.1 If you are a Host/Service Provider, you are responsible for ensuring that the Accommodations you list on the fwt.asia Platform meet minimum quality standards regarding access, adequacy of the Listing description, safety, cleanliness, and do not present a Guest with Travel Issues. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Guest issues.

4.2 If you are a Host/Service Provider, and if (i) fwt.asia determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (ii) fwt.asia either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse fwt.asia up to the amount paid by fwt.asia within 30 days of fwt.asia’s request. If the Guest is relocated to an alternative Accommodation, you also agree to reimburse fwt.asia for reasonable additional costs incurred to relocate the Guest. You authorize fwt.asia Payments to collect any amounts owed to fwt.asia by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Host/Service Provider, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim.

5. General Provisions

5.1 No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination. fwt.asia reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If fwt.asia modifies this Guest Refund Policy, we will post the modification on the fwt.asia Platform or provide you with notice of the modification and fwt.asia will continue to process all claims for Travel Issues made prior to the effective date of the modification.

5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between fwt.asia and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between fwt.asia and you regarding the Guest Refund Policy.

6. Contacting fwt.asia. If you have any questions about the Guest Refund Policy, please email us at [email protected]

These terms are in addition to the fwt.asia Vacation Terms of Service and the fwt.asia Payments Terms of Service, and except as explicitly stated, the fwt.asia Vacation Terms of Service and the fwt.asia Payments Terms of Service apply in full to all Experience Hosts, Experience Host Listings, and Experiences, Events, or other Host Services.

 

Additional Terms for Listing Experiences, Events and other Host Services

To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to fwt.asia. Experiences, Events or other Host Services must at all times meet the quality standards for Experiences. fwt.asia reserves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Host Service will be published on the fwt.asia Platform. Once published, an Experience, Event or other Host Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the fwt.asia Terms of Service.

When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

Once your Experience, Event or other Host Service is published on the fwt.asia platform, you will have the ability to add dates and times when you offer your Experience through the fwt.asia Platform. By making your Experience, Event or other Host Service available for a particular date and time on the fwt.asia Platform (an “Instance”), you agree that only people who book through fwt.asia can attend that Instance of the Experience, Event or other Host Service. You further agree that you will not allow people to attend any Instance of your Experience, Event or other Host Service available on the fwt.asia Platform unless that person booked through fwt.asia (or was added as an additional Guest for a spot booked through the fwt.asia Platform).

If you wish to list an Experience, Event or other Host Service on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with fwt.asia and fwt.asia is not a professional fundraiser or commercial participator. Nonprofits, and not fwt.asia, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.

Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list and provide. fwt.asia merely provides the fwt.asia Services and is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. fwt.asia does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. fwt.asia’s responsibilities are limited to making the Listings for Experiences, Events or other Host Services available through the fwt.asia Platform.

You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

 

Additional Experience Host Responsibilities

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party. You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.

You must provide your Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by fwt.asia. Section 7.4 of the fwt.asia Terms of Service provides additional terms regarding co-hosting.

 

Severability

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Updates to these Experience Host Terms

We reserve the right to update, modify or discontinue the Experience Host Terms, at any time. If we modify the Experience Host Terms, we will give you notice and post the modification on the fwt.asia Site, Application, or Services. By continuing to access or use the Services after the modified Experience Host Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

 

Survival

Unless you reside in Germany, if you or we terminate the Experience Host Terms, the clauses of these Experience Host Terms that reasonably should survive termination of the Experience Host Terms will remain in effect. When the Experience Host Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

In order to participate in an Experience, your Host(s) require(s) you to accept this Guest Release and Waiver, which is effective between you and your Host(s) as of the date when you first book or participate in an Experience, whichever happens first. All terms not defined here have the meaning given them in the fwt.asia Vacation Rentals Terms of Service and/or the fwt.asia Experiences Terms of Service.

You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking an Experience on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking an Experience on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

 

Assumption of Risks

You understand and acknowledge that the Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.

 

Release and Waiver

You acknowledge and agree that:

You have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate.

You alone, and not your Host(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.
You will not participate in any Experience(s) and/or Trip when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s) and/or Trip.

You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s) and/or Trip. If you notice any hazard during an Experience, you will stop participating in the Experience immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

 

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE EXPERIENCE(S) AND/OR TRIP “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

 

Indemnification

You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience and/or Trip, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.

Please refer to the Agreement sent to you. You may request a copy by contacting your Account Manager.

Please refer to the Agreement sent to you. You may request a copy by contacting your Account Manager.

Please refer to the Agreement sent to you. You may request a copy by contacting your Account Manager.

Customer payment terms differ from one offering to another. Please refer to each offering individually to review the payment terms of that offerring. Please note that the payment terms can be changed without notice by fwt.asia and/or its vendors. When the payment terms are changed, they reflect almost immediately on the corresponding page.

If you are vendor, please refer to the Agreement sent to you. You may request a copy by contacting your Account Manager.

Policy on notification of alleged intellectual property (“IP”) infringements

Tesla IT Services Pvt. Ltd. (“fwt.asia”) respects the intellectual property rights of others and expects its users to do the same.

It is fwt.asia’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

fwt.asia will respond to claims of IP infringement committed using the fwt.asia website and mobile application (the “Site and Application”) that are reported to fwt.asia Ireland UC following this IP Policy.

If you are an IP owner, or are authorized to act on behalf of one, please report alleged IP infringements taking place on or through the Site and Application by completing the following Notice of Alleged Infringement and delivering it to fwt.asia Ireland UC as described below.

Upon receipt of the Notice as described below, fwt.asia will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

Notice of Alleged Infringement (“Notice”)

Identify the specific protected work that you claim has been infringed, or – if multiple works are covered by this Notice – you may provide a representative list of the works that you claim have been infringed.

Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you believe should be removed or access to which should to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the identified material is not authorized by the IP owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the IP rights that are allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to fwt.asia Ireland UC:

fwt.asia
Tesla IT Services Pvt. Ltd.
Notice of Alleged Infringement
Seventh Floor, Regent Tower, Race Course, Vadodara 390007, Gujarat, IN
[email protected]

©2019 fwt.asia  (A Tesla IT Services Pvt. Ltd. undetaking)

 

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