Date of last published version: 22/07/2020
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website. Notwithstanding anything stated above, you agree to periodically review the current version of these Terms as posted on the Website.
1.1. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by Wobot through the Website.
1.2. “Intellectual Property Rights” shall mean copyrights (including but not limited to the underlying object code and source code in the Website), trademarks, patents, trade secrets, including rights in any proprietary material and other rights, whether registered as such or not, of Wobot, as may exist now and/or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the applicable laws of any state, country or jurisdiction.
1.3. “Linked Sites” shall have the meaning ascribed to it in Clause 4.1 of these Terms.
2. Rights and ownership of Website and Content
2.1. Wobot exclusively owns all right, title and interest in and to the Website, and Content, including all associated Intellectual Property Rights. You acknowledge that the Website and Content are protected by the applicable intellectual property laws of India.
2.2. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Content.
3. Access to the Website and Content
3.1. You may access and view the Website and Content for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
3.2. You agree not to engage in any of the following prohibited activities:
3.2.1. Attempt to probe, scan or test the vulnerability of any Wobot system or network or breach any security or authentication measures;
3.2.2. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wobot or any of Wobot’s service providers or any other third party (including another user) to protect the Website or Content;
3.2.3. Attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wobot or other generally available third-party web browsers;
3.2.4. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
3.2.5. Use any meta tags or other hidden text or metadata utilizing a Wobot trademark, logo URL or product name without Wobot’s express written consent;
3.2.6. Use the Website or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
3.2.7. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or Content to send altered, deceptive or false source-identifying information;
3.2.8. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content;
3.2.9. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
3.2.10. Impersonate or misrepresent your affiliation with any person or entity;
3.2.11. Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website;
3.2.12. Copy, modify, decompile, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any other material in or in relation to the Website and/or the Content;
3.2.13. Encourage or enable any other individual to do any of the foregoing.
3.3. Although we’re not obligated to monitor access to the Website or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.
3.4. We reserve the right, but are not obligated, to remove or disable access to the Website or Content, at any time and without notice, if we deem fit, at our sole discretion.
3.5. We have the right to investigate violations of these Terms or conduct that affects the Website. We may also consult and cooperate with law enforcement authorities to prosecute users who violate applicable law.
4. Third-party links
4.1. The Website and/or the Content may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wobot. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
4.2. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by us, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
5. Disclaimer of Warranty
5.1. The Website and the Content are provided on an “as is” basis and “as-available”, and use of the Website is at your risk. To the maximum extent permitted by applicable law, the Website and the Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.2. Without limiting the foregoing, Wobot, its subsidiaries, its affiliates, and its licensors do not warrant that the Content is accurate, reliable or correct; that the Website or Content will meet your requirements; that the Website or Content will be available at any particular time or location, uninterrupted or secure or error-free; that any defects or errors will be corrected; or that the Website or the Content are free of viruses or other harmful components.
5.3. Any Content is downloaded or used at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.
5.4. Wobot does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, and Wobot will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
5.5. You acknowledge that there will be occasions when the Website or Content may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
5.6. We may, without prior notice, change the Website or the Content, stop operating the Website or features of the Website, to you or to users generally. We may permanently or temporarily terminate or suspend your access to the Website, without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms.
You shall indemnify and hold Wobot, its directors, officers, employees, and third parties acting on Wobot’s behalf in order to provide Wobot’s services, harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of (i) any breach by you of any of these Terms; (ii) your access to the Website; (iii) your violation of any applicable law, rule or regulation.
7. Limitation of liability
In no event will Wobot or its affiliates or any party involved in creating, producing, or delivering the Website and/or the Content be liable for any damages of any nature including but not limited to direct, incidental, consequential, indirect, special, or punitive damages or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure of any kind arising out of or in connection with these Terms or from the use or inability to access the Website or due to any reason including but not limited to system failure, network issues, technical snags or loss of data caused by acts of god, floods, epidemics, quarantine, riot or war, whether based on warranty, contract, tort, product liability or any other legal basis.
8. Dispute Resolution
8.1. In the event of any dispute, controversy or claim arising out of or relating to these Terms or any subsequent amendments to these Terms including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to these Terms (each, a “Dispute”), each of the parties will appoint a designated officer to meet for the purpose of endeavouring to resolve such Dispute amicably or to negotiate for an adjustment to such provision.
8.2. All Disputes, which are not settled pursuant to the issue resolution procedures set forth above, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at Delhi.
9. Governing law
9.1. This Agreement shall be governed by the laws of India, and subject to Clause 8.2 above, the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
10. Grievance officer
10.1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below: Name: Tanay Dixit Phone No: +91-9873373736 E-mail Address: firstname.lastname@example.org Postal Address: Building No. 360,CBR II, SECOND FLOOR, SULTANPUR, MG Road, Mehrauli, NEW DELHI- 110030
11.1. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
11.2. No Waiver: No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the parties. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
11.3. Notices: Any notice required or permitted to be given to Wobot hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified below. All notice required to be given under these Terms shall be addressed to: Name: Wobot Technologies Private Limited Postal Address: Khasra No. 360, CBR – II, Second Floor, Sultanpur, New Delhi – 110030 E-mail Address: email@example.com