TERMS AND CONDITIONS
By accessing and visiting this website, you acknowledge that you have read and understood these customer terms (“Customer Terms and Conditions Policy”). Please ensure that you read and understand all of these terms before you start using the website, as you will be bound by them.
These Customer Terms are between the users of the website (referred to as “You” or “Your” or “Yourself” or “User” or “Customers” and shall, where the context so permits, also include “Hosts” and “Agencies”), AND SQING SOLUTIONS PVT LTD (“Company”), a company incorporated under The Companies Act, 2013 having its registered address at PONNANTHARA (H) MNRA H NO. 9 3RD FLOOR KODUVATHRA ROAD EDAPPILLY KOCHI Ernakulam KL 682024 and shall be a legally binding agreement between You and the Company. You, AND SQING SOLUTIONS PVT LTD shall each be referred to individually as “Party” and collectively the “Parties”.
If you do not agree with any of these Customer terms, you must immediately cease accessing and using the website and the services being provided under these customer terms. Your acceptance of these customer terms will operate as a binding agreement between you and SQING SOLUTIONS PVT LTD in respect of your use of the website, and/or subscription of available services.
BACKGROUND
Company owns and operates the website https://wafa.app/ and the Application “WAFA”, connected to or mentioned herein. The Company, under this website/social application provides its users with the most simple and reliable way to connect with friends nearby or around the world. The Company’s services allow users to send free text, voice, video, photo messages, and stickers to their friends. It is intended to be a fun place to visit and it is important to the company that it remain a safe and friendly environment for all users and in this regard, you agree that you will only use agree to use the services in a manner consistent with its purpose and which is in accordance with the Terms.
THE PARTIES AGREE AS FOLLOWS
1. DEFINITIONS
1.1 Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:
1.1.1 “Account” means the account created by You on the Website and/or Application for accessing the Services.
1.1.2 “Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
1.1.3 “Agency” shall mean entities or individuals so contracted and designated by the Company at its sole discretion, who provide the services of onboarding and contracting ‘Hosts’, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
1.1.4 “Applicable Laws” means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
1.1.5 “Application” means such features of the “WAFA” mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
1.1.6 “Area of Operation” means the area in which these Customer Terms are accepted by You, being the territory of India.
1.1.7 “Brand Matter” means an event that, in Company’s reasonable judgement, causes it or its Affiliates to have concern for the reputation of its brand, including, but not limited to, matters related to the alleged violation of any Applicable Laws
1.1.8 “Business Day” means any day excluding Sunday or public holiday in the Area of Operation.
1.1.9 “Collections” shall mean the number of virtual items collected by the hosts on the Company’s platform/website/application.
1.1.10 “Confidential Information” shall mean contents of this Agreement and all Communications, and with regard to a particular Party, means any information whether in written, oral, visual, electronic or other form that:
(i) is disclosed and/or provided by a disclosing Party to such receiving Party and is clearly marked or indicated at the time of such disclosure or provision as confidential by the disclosing Party; provided that where there is no mark or indication of the confidential nature of such information at the time of disclosure, said information shall in any event be treated as confidential if notification in writing of such confidentiality is provided by the disclosing Party to such receiving Party within 14 (Fourteen) days following the date of such disclosure or provision;
(ii) is disclosed and/or provided by a disclosing Party to such receiving Party and (i) under normal social conventions should be treated in confidence, or (ii) concerns technical and/or trade secrets or other commercially sensitive information; or
(iii) relates to the provisions and subject matter of, and negotiations leading to, this Agreement;
1.1.11 “Customer” means the general user, i.e. the end customer of the Company’s Services who is not designated as a Host or an Agency by the Company.
1.1.12 “Customer Content” means images, sounds, videos, data, text, information or any other materials or content the Customer creates, uploads, publishes or propagates through the company’s services
1.1.13 “Customer Feedback” means information provided by a Customer in response to prompting by the Company App, including rating of Item(s) and comments or feedback related to the Customer’s experience with Merchant, the relevant Item(s) on the Company Website/ App, and the delivery services.
1.1.14 “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
1.1.15 “Dispute” means any dispute, action, claim, controversy or cause of action among the parties arising out of or in connection with the Agreement or any term condition or provision hereof, including without limitation any of the same relating to the existence, validity, interpretation, construction, performance, enforcement and termination of the Agreement.
1.1.16 “Disclosing Party” shall mean the Company, SQING SOLUTIONS PVT LTD.
1.1.17 “Exchange Rates” means the virtual items to real currency conversion rates as updated on the Company’s website from time to time.
1.1.18 “Host” shall mean individuals so contracted and designated by the Company at its sole discretion, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
1.1.19 “Host Content” shall mean means the data, images, sounds, videos, data, text, information or any other materials or content the hosts create, uploads, publishes or propagates through the company’s services.
1.1.20 “Intellectual Property” or “IP” shall include ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, sketches, formulae, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments;
1.1.21 “Linked sites” means the links used in or through the services to other websites or services, provided solely as a convenience to the users.
1.1.22 “Live streaming” means internet live audio and/or video streaming and other associated content(s) generated by hosts/talents on the Company platform, including but not limited to mobile application, Personal Computers/website and may include singing, dancing, voices, chats, personal images and other contents generated in a real-time manner.
1.1.23 “Material Default” shall mean any event, occurrence, fact, condition, change, development or effect that, individually or in the aggregate, that has had or may reasonably be expected to have a material adverse effect on the ability of any of the Parties to carry out the scope of this Agreement contemplated herein or to perform its obligations hereunder;
1.1.24 “Permitted Information” means information such as a user’s name, username, address etc. which the user voluntarily submits to the website or application while registering for the same
1.1.25 “Prohibited Content” means the images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
1.1.26 “Privacy Policy” means the privacy policy available on the website, as amended by the Company from time to time.
1.1.27 “Receiving Party” shall mean the Hosts as per the provisions of this Policy.
1.1.28 “Registration Data” means Subscriber name, email address, telephone number and other information (including personal data) that is provided to the Company for registering on the website and/or Application.
1.1.29. “Services” means the technology services the Company or its affiliates provide such as “WAFA” or other applications/services operated by SQING SOLUTIONS PVT LTD. and its affiliates.
1.1.30 “Supplemental Terms” means the Definitions, the General Supplemental Terms, the Specific Supplemental Terms and any other terms applicable to the use of the Company Services, Company Tools, and/or the Company mobile Application and shared with the Merchant.
1.1.31 “Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables the user to purchase, use and engage in services offered on the company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.
2.REGISTRATION AND USAGE
2.1 Authorized Users. Your access to and use of the company’s Services are subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.
2.2 The Services are not meant for persons under the age of 18. If you are under 18 years of age, then please do not use these Services.
2.3 Only use an authorized telephonic or internet network to access and use the Website. When using the Website, the Subscription Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same are Your responsibility.
2.4 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by Company.
2.5 You must also notify the Company immediately if You cannot access Your Account, you know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
2.6 The Company and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:
2.6.1 The Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
2.6.2 The security of Your Account has been compromised in any way; or
2.6.3 You have not complied with any of the requirements in this clause.
2.7 The Company and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website, the Streaming Services and/or the Services at any time (including without notice):
2.7.1 To make improvements to the Website, the Booking Services and/or the Services (including the security of the Website, the Booking Services and/or the Services);
2.7.2 as required by Applicable Law; or
2.7.3 To protect a legitimate business interest.
SPECIFIC FEATURES AND ADDITIONAL SERVICES.
3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (the “Guidelines”) as and when applicable, to specific services and features which may be posted from time to time on the platform.
3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://wafa.app/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy
4. LIMITED LICENSE.
4.1 Subject to the terms and conditions herein, SQING SOLUTIONS PVT LTD hereby grants you a limited, revocable, non-transferable, non-exclusive and non-transferable license to use its website/application and other related services (including all the updates and/or upgrades as and when provided)
4.2 The said license is solely for private and non-commercial use/purposes and is subject to the user adhering to these Terms and Conditions, Privacy Policy and any and all additional guidelines as and when updated by the Company.
5.INTELLECTUAL PROPERTY RIGHTS
5.1 The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants the Customer any rights in or related to the IP, and all rights not expressly granted to the Customer are reserved by the Company.
5.2 The website/application and other related services are owned and operated by the company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services (hereinafter referred to as “Company Materials”) that are provided by the company are protected under the relevant Copyright, Trademark, Patent laws/statutes, international conventions, and all other relevant intellectual property rules and regulations.
5.3 All company materials contained on the website/application are the copyrighted property of SQING SOLUTIONS PVT LTD or affiliated companies and/or third-party licensors.
5.4 The Company materials does not include any User/Customer Content or content from third party sites regardless of the fact that the company’s website/application provides a link to access such content.
5.5 The Customer must not:
5.5.1 Copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
5.5.2 Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the website and/or Application;
5.5.3 Use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
5.5.4 Distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
5.5.5 Merge or combine any IP with any other technology not provided by the Company or any; or remove any proprietary notice language on any copies of any IP.
5.6 The Customer is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other material(s) or information posted or transmitted through the Website and/or Application or Device by or on behalf of the Customer (“Customer Content”).
5.7 The Customer must ensure that the Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and the Customer must not:
5.7.1 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or in-formation, or any material relating to or encouraging money laundering or gambling;
5.7.2 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
5.7.3 upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
5.7.4 download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
5.7.5 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
5.7.6 deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
5.7.7 harvest or otherwise collect information about others, including e-mail ad-dresses, without their consent.
6. USER CONTENT
6.1 Prohibited Content. You shall not use the company’s services to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
6.2 You will not engage in abuse, bullying, discriminate against, engage in hateful conduct directed at, or threaten violence or harm against any person or groups of people or encourage or participate in the harassment of any person or groups of people. The Company’s urges you to engage in polite conversations;
6.3 You will not spread false information or spam, or artificially amplify or suppress information, not share or promote information (or synthetic or manipulated media) that is intended or likely to cause harm to any person or groups of people, including minors; and not spread misinformation and disinformation that is likely to cause harm or mislead the users or general public at large.
6.4 License to User Content. You hereby grant the Company a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the company’s services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. SQING SOLUTIONS PVT LTD. can use the customer/user content in/on the website/mobile application and in other products or services, at the company’s sole discretion and can transfer the license or authorization of using such information and content to its related companies and partners once again, at their sole discretion without the need to obtain the users consent.
6.5 The Company reserves the right to display advertisements/promotional material(s) and sponsorships in connection with User/Customer Content.
6.6 The company has the right to remove, at its sole discretion and without notice to you, Your Content, if it infringes others’ rights and interests. The company further has the right to suspend or terminate a user’s access to the services if the same is in violation of copyright law or other intellectual property law.
6.7 All liabilities and damage with respect to any and all claim(s) raised by the said third party(s) with respect to Customer/User content shall be assumed by the user and they shall compensate the Company for all losses and damages it incurs therefrom, including but not limited to economic losses and business losses.
6.8 You should not, send any confidential or proprietary information to the Company, unless required as per the applicable laws, notwithstanding the “Permitted Information” (as per clause 1.1.12) already submitted by you.
7. USER OBLIGATIONS.
7.1 Restrictions: As a pre-condition to your use of the Service; you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions herein.
7.2 Access to the Company Materials and connected services from territories wherein the same is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules with respect to intellectual property rights, the internet, technology, data, email, and/or privacy.
7.3 Use of any of the Company Materials for any other purpose apart from what is permitted herein is prohibited.
7.4 7.4.You will not use the company service in any manner that, in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.
7.5 You will not take any action that imposes an unreasonable or disproportionately large load on the company’s infrastructure.
7.6 You will not intentionally interfere with or damage the operation of the company’s services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
7.7 You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the company’s services, features that prevent or restrict the use or copying of any content accessible, or features that enforce limitations on the use of the company’s services.
7.8 You will not attempt to gain unauthorized access to the company’s services, or any part of it, other accounts, computer systems or networks connected to it or any part of it, through hacking, password mining or any other means or try to interfere or attempt to interfere with the proper working of the company’s service and/or the activities conducted on the company’s services.
7.9 You will not obtain or attempt to obtain any materials or information through any means not intentionally made available by the company. You agree neither to modify in any manner or form, nor to use modified versions of the company’s services, including (without limitation) for the purpose of obtaining unauthorized access to the same
7.10 The company services may contain an auto-reply function. You agree that you will not use any robot, spider, scraper, or other automated means to access, bypass the company’s services for any purpose without our express written permission.
7.11 You will not utilize framing techniques to enclose any trademark, logo, or other company materials without our express written consent.
7.12 You will not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks without our express written consent.
7.13 You will not deep-link to the company’s services and will remove any links that the company finds objectionable in its sole discretion. You will not use our logos, graphics, or trademarks as part of the link without our express written consent.
7.14 You will not send junk mail to other users of the service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
7.15 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
7.16 Representation and Warranty: You represent, warrant and covenant that at all times: (i) the Your Content is legal, does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for the use of your Content; (iii) you authorise the company’s use of your content for its purposes.
8. FEEDBACK, ISSUES AND COMPLAINTS
8.1 You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form with respect to the services to the company.
8.2 Any Feedback shall not be considered your confidential information and may be used by the company for any purpose.
8.3 There shall be no obligation to provide compensation for use of Feedback.
8.4 All feedbacks issues and complaints are to be sent to the Company via the following email: [email protected].
9. THIRD PARTY SITES.
9.1 The Service may include links to other websites or services solely as a convenience to users (“Linked Sites”).
9.2 The Company does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, the company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.
9.3 Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
9.4 Your correspondence or business dealings and/or participation and/or engagement with the advertisers/third party(s) found on or through the platform are solely between you and such advertiser. You agree that the company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on its website/application or platform.
9.5 The company may make changes to or discontinue any of the content or services available on the Platform/website/mobile application at any time, without notice. The content or services may be out of date, and the company makes no commitment to update these materials.
10. REFUND POLICY
10.1 You may request the termination of your account and/or any payments made in lieu of virtual items initiated on the Company Platform, at any time by contacting our Customer Service team either through phone or the customer support email ID. Our contact information can be found on the Support page of our website as well as in this agreement.
10.2 When submitting your cancellation request, you must provide the correct username and password for your account for verification along with details of the transaction to be refunded. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
10.3 Refund requests which are initiated after 7 days from the date of making the said transaction shall not be refunded. Post the 7 (seven) day period, the user foregoes any rights to the membership/subscription fee paid, virtual currency bought; unless the company is directed to do so as per Law or by an order of a competent court or any other such authority.
11. VIRTUAL ITEMS
11.1 Users have the option to purchase or buy “virtual items”, which may be used and or redeemed on the platform to play games, gift items and make further in-app purchases.
11.2 These virtual items may be purchased by a user in the following ways;
11.2.1 via the authorised payment gateway channel(s) that are part of/built in to the “Google Play Games” and/or Google play app store.
11.2.2 via Third Party Partners of SQING SOLUTIONS PVT LTD., a list and details of whom will be updated by the company on its website/mobile application from time to time.
11.3 Unless otherwise specified, these virtual items can be used and have value only on the Company’s website/mobile application and other related services.
11.4 The virtual items hold no purchasing power and have no legal backing and/or value in commercial and/or public markets/marketplaces.
11.5 The virtual items can be used in order to purchase value-added services, items, tokens and other services/items offered by the Company on its platform, such as sending gifts to hosts or other users, playing games with hosts or other users etc. Specific price/virtual item related information, exchange rates, and usage policy will be determined by the company at their sole discretion and information about the same will be provided on our service interface.
11.6 Unless otherwise provided hereof, virtual items may not be used for any other purpose(s), including to conduct virtual item(s) transactions with third parties, or trading on third-party platforms other than those of the company and/or its affiliates. If you violate the foregoing requirement, we will not be liable for any losses to you or the third party. Furthermore, on suspicion of your Account being is involved in such suspicious activity(s), we reserve the right to suspend the said account and the user will forego his/her rights over the virtual items, until relevant measures are taken in accordance with this agreement.
11.7 Anti-Money Laundering: You understand and acknowledge that the Company and its affiliates are, or may in the future become, subject to money laundering statutes, laws and regulations applicable within the territory of India or other international jurisdictions, and You shall to execute instruments, provide information, and/or perform any other acts as may reasonably be requested by the Company for the purpose of carrying out due diligence as may be required by Applicable Law(s). You further agree to provide SQING SOLUTIONS PVT LTD and its affiliates with such information as they may reasonably require to comply with applicable anti-money laundering laws or regulations.
11.8 You understand, acknowledge and agree that to the extent permitted by Applicable Law, the Company may provide information, including confidential information, to the law enforcement agencies, or any other agency or instrumentality of the Indian Government, or as otherwise required by Applicable Law, in connection with a request for information made on behalf of law enforcement agencies investigating any terrorist activity or money laundering activities.
11.9 You can recharge your virtual items through the legal channels allowed by us. The exchange rate between virtual items and legal currency may vary in accordance with the purchasing channel(s), information on the same will be displayed and updated from time to time on the Company’s platform, website/application.
11.10 You agree not to recharge or funnel money into our system through illegal or unauthorized channels. If you violate the rules and transact via illegal means on our interface in order purchase virtual items, we do not take responsibility for the same and will not be able to guarantee that the transaction will be successful. Furthermore, we reserve the right to report any such activity to the concerned authorities.
11.11 Unless as otherwise provided by the Company under its policies, under no circumstance, can a Customer or individual exchange the virtual items for legal denominations/depository notes and/or other forms of legal, backed currency.
11.12 The Company will not take any responsibility, nor will it compensate a user for any losses caused for the violation of this clause 11. Furthermore, the company reserves the right to terminate, restrict your account, including but not limited to your access to virtual items and pursue legal action against you, both civil and criminal in nature for violation of the terms and conditions of this Agreement or any other policies of the Company.
11.13 You bear the responsibility over your account, please check your account carefully before recharging/using the same on our platform. You shall bear all losses on account of incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.
11.14 Unless otherwise regulated by law(s), all purchases of virtual items made through the service are final, non-refundable and non-transferrable under any circumstances.
11.15 The Company reserves the right to set out or modify the rules in connection with the virtual items and other transaction from time to time based on various factors including, but not limited to the transaction limits, number of transactions etc.
11.16 We do not encourage or allow minors to use or buy virtual items. If you are a minor, you should ask your guardian(s) to operate or operate the website/service, on your behalf, with their express consent.
11.17 You shall be responsible for losses arising from our inability to provide virtual currency services or any issues in providing virtual items caused by the following reasons:
11.17.1 Due to loss, ban or freeze of your account;
11.17.2 you disclosed your password to others;
11.17.3 Due to faults of payment channel institution;
11.17.4 Caused by intentional or gross negligence or violation of laws and regulations by other users;
11.17.5 Other reasons caused by yourself;
11.18 You may receive some virtual gains in the course of using our services/application. In accordance with the terms of this agreement, you are only allowed to use the virtual items on the company’s platform. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us.
11.19 Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:
11.19.1 If the recharge of the virtual currency is determined by the bank, payment channel, or court as invalid;
11.19.2 If the Chargeback or refund initiated by end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;
11.19.3 The money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund;
11.20 In the event of any violation of this Agreement, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.
11.21 You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. Furthermore, we will not return the corresponding cash value and will not make any compensation(s).
12. FORCE MAJEURE
12.1 Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, pandemic(s), riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
13. TERMINATION
13.1 These Customer Terms continues until such time as they are terminated by the company in accordance with terms hereunder.
13.2 The Company may terminate these Terms with immediate effect without notice;
13.2.1 In order to comply with any Applicable Law;
13.2.2 You commit a breach of these or any other Customer Terms and Conditions/Policies/guidelines.
13.3 You agree that the Company may at its sole discretion may terminate any account (or any part thereof). In addition, the company reserves the right to discontinue any aspect of the Service at any time, including but not limited to the right to discontinue the display of any licensed content, linked or embedded content etc.
13.4 The company shall in no event be responsible for the deletion, losing of, or failure to store your content. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that the company will not be liable to you or any third party for such termination.
13.5 Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the company may have in law or in equity.
14. DISCLAIMERS; NO WARRANTIES.
14.1 Without limiting any other provision of this section and in addition to all other provisions of this section, to the fullest extent permitted by applicable law, the company expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the services. The company makes no warranty that the services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free. The company does not make any warranty or representation as to the use or the results that may be obtained from the use of their services.
14.2 You acknowledge that the services may be subject to operating errors or defects including, but not limited to loss of data, delays, non-deliveries, errors, system down time, mis-deliveries, network or system outages, file corruption, or service interruptions. No such event shall constitute a breach of this or any other contract on the part of the company, even if caused by the negligence or gross negligence of the company or any of its affiliates, employees, agents, licensors or subcontractors.
14.3 Certain state laws do not allow limitations or implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, in such cases, the company’s liability will be limited to the extent permitted by law.
15. INDEMNIFICATION.
15.1 You agree to indemnify and hold the company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
15.2 The company reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate and indemnify us in our defence of these claims.
16. LIMITATION OF LIABILITY
16.1 Under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the extent permitted by law.
16.2 In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount already spent by a particular user on the platform.
16.3 These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the company and received by you through or advertised on the company service or received by you through any links provided on the company service.
17. AMENDMENTS TO THESE CUSTOMER TERMS
17.1 The Company may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
17.2 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
17.3 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
17.4 These Terms were last updated on 28th June 2021.
18. GOVERNING LAW AND DISPUTE RESOLUTION
18.1 This Agreement shall be governed by the law of the Republic of India.
18.2 In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.
18.3 These Terms will be governed by and construed in accordance with the laws of the State of KERALA and you submit to the exclusive jurisdiction of the courts located in KOCHI for the resolution of any disputes.
19. MISCELLANEOUS
19.1 Waiver: The provision(s) of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
19.2 Assignment: The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
19.3 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
19.4 No warranties: This Website is provided “as is,” with all faults, and the company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
19.5 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.
19.6 Notice. Any notice will be sent to the address of the relevant party as provided to the Company and deemed duly given: (a) upon actual delivery, if delivery is by hand; or (b) three (3) days after being sent by overnight courier, charges prepaid; or (c) by electronic mail to the designated recipient.