4.Treatment of information provided by you 7
The Services is operated and owned by WiLoop Networks Private Limited (hereinafter referred to as “WiLoop”, “we”, “us” or “our”), a company registered in Bangalore. [We own and operate the Services on our own behalf.]
We reserve the right to change the T&C at any time without notice posting changes on our website www.wiloop.in (“Website”) and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website.
In order to access or use the Services, you must be 18 years of age or over. If you are under 18 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this T&C. Should your parents or legal guardian fail to agree or acknowledge the T&C, you shall immediately discontinue its use.
You can access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering to become a user (“User”) in accordance with the Terms of Account Registration or use of the Services As a User, you can access the Services at any WiLoop zones.
You agree to use and access the Services in accordance with the User Conduct.
The availbility of the Services, security and accuracy is subject to our Availbility of Services, security and accuracy policy.
THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
WE DISCLAIM ANY LIABILITY ARISING DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / CLIENT’S SERVICES.
WE DO NOT, IN ANY WAY, ENDORSE ANY INFORMATION OR SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SERVICES. THE SERVICES ARE AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT USE OF A SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SERVICES.
IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE USE OF THE SERVICES OR OUR AGREEMENT WITH YOU CONCERNING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR 1,000/-.
You agree to indemnify and hold us and our Client and each of our / Client’s affiliates, successors and assigns, respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Services and / or any violation of this T&C. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
3.1.We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2.You must not modify or use any illustrations, photographs, video or audio sequences or any graphics available on the Services separately from any accompanying text.
3.3.You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
3.4.If you print off, copy or download any part of the Services in breach of these T&C, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.2.You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
5.1.Your access to third party content shall be governed by our third party content policy.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&C shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
These T&C are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.
Terms of Account Registration or use of the Services
(a)To become a User you will be required to give us your full name and mobile number. Upon receipt of your mobile phone number we will send an OTP (One time Password) via SMS and once the OTP is correctly entered and authenticated you will be registered as a User (“Registration”)
(b)Upon the completion of a successful Registration you will be directed to our Client’s offer page for approximately 120 seconds. You can then, at your discretion, log on to your profile on www.facebook.com or be directed to wiloop.io.
(c)Upon the completion of successful Registration your access to the Services will be limited to a period of [insert number of hours] hours or up to [insert mb bandwidhth] megabytes, which ever expires first. You can access additional browsing time at the sole discretion of the Client by availing a an OTP, from the Client personnel.
(d)Once registered as a User, the Services will automatically recognize you, as a returning User and you will not be required to repeat Registration. You will, however, be guided to our Client’s offer page before you are able to use the Services.
(e)As a User, you agree to receive promotional SMS and / or emails from Wiloop and / or Client. If you choose not to receive such promotional SMS or emails you can opt out by sending us an email at firstname.lastname@example.org with your name and mobile phone number. When you exit the outlet, as a User, you agree that you may receive a “Thank you” message from the Client with a link to leave your feedback. You also agree that by using the Services you will continue to receive promotional SMS and emails from us and the Client, even if you are registered on D&C.
(f)You agree to provide accurate, current and complete information during the Registration and to update such information to keep it accurate, current and complete when you are a returning User.
(g)We and / or the Client reserve the right to suspend or terminate your access to the Services for any reason whatsoever, including but not limited to, in the event of any information provided during the Registration or thereafter proves to be inaccurate, not current or incomplete or in the event of your usage not being in accordance with this T&C. We and / or Client also reserve the right to deny access to certain website in our discretion, including by not limited to, websites accessing adult content, torrentz, peer to peer sharing, Play Store, App Store.
(h)You agree that you will take sole responsibility for any activities or actions on your Device while accessing the Services, whether or not you have authorized such activities or actions.
By using the Services you represent and warrant that:
(i)All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii)Your use of the Services shall be solely for your personal use and you are solely responsible for all content published or displayed through your Devices, including any email messages, and your interactions with other Users and third parties and you shall abide by all applicable laws and regulations, including those related to data privacy and the transmission of technical or personal data.
(iii)You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(iv)All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these T&C, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
(v)You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vi)You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Services.
(vii)You will not send unsolicited emails, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
(viii)You will not use another person’s username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix)You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
(x)You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi)You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a)any part of the Services or the Services software; or
(b)any equipment or any network on which the Services is stored or any equipment of any third party.
Availability of the Services, security and accuracy
(a)We endeavour to make the Services available during the Client’s working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
(b)We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
(c)We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
(d)We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
(a)“Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.
(b)“Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number, email address, identification number or documents and any other information \disclosed by you in relation to the Services.
(c)“Third Party” refers to any person or entity other than you or us.
Personal Information that may be collected and manner of its use
(a)Personal Information provided by you in relation to the use of the Services: In order for you to access the Services, we may collect your Personal Information as may be required for the purposes connected thereto. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and we share such encrypted information with our Clients.
(b)Cookies: Cookies are small pieces of information saved by your browser onto your mobile device. Cookies are used to record various aspects of your visit and assist us to provide you with uninterrupted service. Cookies may be set in your browser by us when you access the Services or may be set in when you visit Third Party websites.
(i)Authenticate your login information;
(ii)Enable our security features;
(iii)Show you advertising; and
(iv)Improve and develop the features of the Services.
Please feel free to change your browser settings if you do not wish to accept cookies. However, please note that changing your browser setting may affect your experience on the Services.
(c)Others: In addition to the cookies, we may also collect information to enable us to better understand you so that we can improve your user experience; to assist our customer service and technical support personnel; and put processes in place to prevent fraud and unlawful use. In an effort to make the Services affective and improve the Service, certain information may be collected each time you access the Service. Such information may be saved in server logs in an encrypted form which may not identify you personally. Such information or data may include, but shall not limit to, IP address, your server details, duration of your visit, date, time or purpose of your visit. In addition to cookies we use web beacons, ad tags, pixels to advertise as part of the Services. The abovementioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Services.
(d)Other uses of the information provided: We make all efforts to ensure that we collect only such Personal Information that we believe to be relevant in order to record, support, facilitate your access to the Services.
(i)Sharing information with Third Party service providers in relation to the Services: To the extent necessary to provide you the Services, we may provide your Personal Information to Third Party contractors who work on behalf of or with us to provide you with such services, to help us communicate with you or to maintain the Services.
(ii)Communication: We may offer email, short message service (sms), multimedia message service (mms) or other forms of communication to share information with you about certain promotions or features the Services may choose to offer or about our affiliates, subsidiaries, business partners, advertisers and sponsors. You may receive such communication when you have registered as a User.
(iii)Legal proceedings: In the event we are required to respond to subpoenas, court orders or other legal process, your Personal Information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
Link to Third Party apps and websites
(a)We strive to ensure the security, integrity and privacy of your Personal Information and to protect your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction.
(b)We are not responsible for any breach of security or for any actions of any Third Parties that receive your Personal Information. The Services also linked to many other sites and we are not/shall be not responsible for their privacy policies or practices as it is beyond our control.
Third Party Content
(a)We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of this T&C, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. –
(c)We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Services exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.