For purposes of these Terms of Use, “you”, “your” and “yourself” means you as the end user of
the website www.wowexp.ai
These terms of use (“Terms”) relate to your use of the website www.wowexp.ai (“Website”),
which is provided by WoWExp Technologies Private Limited, a company incorporated under the
laws of India. These terms are an electronic contract recognized under the provisions of the
Information Technology Act, 2000 read with its Rules, and thereby govern the relationship
and serve as an agreement between you, and WoWExp Technologies Private Limited. These Terms
set forth the terms and conditions by which you may access and use the Website and related
applications, services and products and any/all information, content, video(s), data,
graphic(s), layout(s), image(s), product(s), material(s) and service(s) (collectively,
“SDM’s Content”) made available to you along with the Website.
These terms constitute a legally valid and binding agreement between you, the end-user, and
the owner of the Website, namely WoWExp Technologies Private Limited, a private limited
company having its office 13th Floor, WeWork, Tinfactory, Bangalore (hereinafter referred to
as “our”, “us”, “we” or “SDM” which shall include a reference to our affiliates, associates,
sister concerns, etc.)
Please read the terms and conditions contained below carefully as your use of the Website is
subject to your acceptance and strict compliance of these Terms.
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YOUR USE OF THE WEBSITE
By accessing or using the Website, you expressly agree as follows:
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You have read, understood and are bound by the Terms and Privacy Policy, as
amended from
time to time. If you do not agree
to be bound by either of these, you must stop accessing or using the Website.
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You are legally competent, as per applicable laws, to enter into the present
agreement and
access the Website and are not suffering from any legal or contractual
disability.
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In particular, you specifically warrant that you are of sound mind and of
the minimum age
required under applicable laws of India to enter into a legally enforceable
agreement yourself.
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If you are accessing or using the Website on behalf of a company and/or any
other entity,
then
- “you” and “your” includes you and such company and/or
other entity.
- you represent and warrant that you are an authorized
representative of the company and/or
any other entity with the authority to bind the company and entity to
these Terms and that you
agree to these Terms on their behalf;
- the company and/or entity is legally and financially
responsible
for your access and use
of the Website.
- You accept the Terms by accessing or using the Website. You
understand and
agree that we
will treat your access or use as acceptance of the Terms from that point
onwards.
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CHANGES TO THE TERMS
We retain the right to amend the Terms from time to time, for instance when we
update
the
functionality of the Website or when there are regulatory changes. We will use
commercially
reasonable efforts to generally notify all users of any material changes to these
Terms,
such as
through a notice on the Website, however, you should look at the Terms regularly to
check for
such changes. We will also update the “Last Updated” date at the top of these Terms,
which
reflect the effective date of such Terms. Your continued access or use of the
Services
after the
date of the new Terms constitutes your acceptance of the new Terms. If you do not
agree
to the
new Terms, you must stop accessing or using the Services.
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INTELLECTUAL PROPERTY RIGHTS
- All rights including all intellectual property rights in the
Website including its
code,
software, script, layout, trademark, trade-dress, structuring is protected by
relevant
provisions of the laws relating to copyright, trade dress, patent, trademark and
other laws,
international conventions and proprietary rights and all ownership rights to
them
remain with
SDM.
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All content, whether audio and/or audio visual in the form of videos, images,
literary
works created by SDM and made available on the Website and all intellectual
property
related
thereto are owned by SDM. Use of SDM’s Content for any purpose not expressly
permitted by these
Terms is strictly prohibited. The use of such content shall be as per the
License
and
Restrictions stated herein below. SDM reserves all rights not expressly granted
in
and to their
content.
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YOUR USE OF SDM’S CONTENT
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License
Subject to strict compliance of the Terms stated here, we grant you a
non-exclusive, non-transferable, restricted, revocable and limited right to
store
and download
SDM’s Content created or uploaded by SDM on the Website, only for the
personal/private use by
you or any other user of the Website. Such use shall also be for
non-commercial
purposes and
always subject to the terms of this Agreement. It is made clear that You are
not
being granted
any license to use the augmented reality software application commercialized
by SDM
under the
trademark MirrAR and no rights, title or interest are created in your favour
with
respect to the
said software application.
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Restrictions
Your access to and use of the Website and the SDM’s Content is
subject
to
these Terms and all applicable laws and regulations. You shall not:
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make unauthorised copies, reproduce, distribute, upload, exploit,
communicate, translate,
modify, adapt, edit or make derivate works, broadcast, disseminate SDM’s
Content in any manner.
You further agree not to make use of SDM’s Content in a manner that
would
infringe the copyright
therein;
-
interfere with or attempt to interfere with the proper working of the
Website, disrupt
the website or any networks connected thereto or bypass any measures we
may
use to prevent or
restrict access to the Website;
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incorporate the Website or any portion thereof including SDM’s
Content into any other
program or product and/or in any other media or format;
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impersonate any person or entity, or falsely state or otherwise
misrepresent yourself or
your affiliation with any person or entity, including giving the
impression
that any content you
upload, post, transmit, distribute or otherwise make available emanates
from
SDM.
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commercialize or monetize SDM’s Content in any manner whatsoever.
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use the Website in a manner or for a purpose that is unlawful;
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misuse the Website in any manner, including by introducing any
harmful elements such as
viruses or trojans or by attacking the Website in any manner including
through denial-of-service
or distributed denial-of-service attacks;
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use the Website in any manner so as to overburden or harm the
servers, computers,
networks or databases which are relevant to the provision of the Website
and
do not attempt to
gain unauthorised access to the Website;
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THIRD PARTY SITES AND INFORMATION
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Wherever the Website contains links to other sites and resources provided
by third parties,
these links are provided for your information only. We have no control over the
contents of
those sites or resources. Such links should not be interpreted as approval by us
of those linked
websites or information you may obtain from them.
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You agree that SDM is not responsible or liable for any loss or damage
caused as a result
of your use of any third party service linked on the Website
a. While SDM endeavours to provide accurate and updated information /data/
materials on the
Website, you acknowledge and agree that SDM shall not be liable for any
omission, error or
inaccuracy in the information and materials provided through the Website or for
any failure by
SDM to update the information and materials provided through the Information
Service; Any
request for any further information or materials about SDM or its products
and/or services may
be made through the request form available at the Website or by contacting SDM
at
support@wowexp.ai
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TERMINATION/CANCELLATION
We may, in our sole discretion, terminate this Agreement, restrict, suspend or
terminate
your
use of the Website immediately and without notice or liability, if you violate,
breach
or
fail
to comply with this Agreement in any way, and it will not limit any other rights or
remedies
which are available to us.
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DISCLAIMER/WARRANTIES
You expressly agree that use of and access to the Website is at your sole risk.
Website
is
provided on an “as is” and an “as available” basis. We do not make, and hereby
disclaim,
any
representations or warranties regarding the Website or any content offered through
the
Website
or any portion thereof, express, implied or statutory, including (without
limitation)
implied
warranties of any kind relating to title, non-infringement of third party rights
etc. We
make no
representation or warranty that any material, SDM’s Content, software or services
displayed
on
or offered through the Website are accurate, complete, appropriate, reliable, or
timely.
We
also
make no representations or warranties that the Website will meet your requirements
and/or
your
access to and use of Website will be uninterrupted or error-free, free of viruses,
malicious
code, or other harmful components, or otherwise secure.
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LIMITATION OF LIABILITY
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To the maximum extent permitted by applicable law, we, our affiliates,
licensors,
investors, promoters, agents, officers, or third-party service providers shall
not be
liable
to
you or any third party for any direct, indirect, incidental, special, exemplary,
punitive or
consequential damages, and/or for loss of profits/ revenues/ data/ business, or
for any
other
form of damages in any manner arising out of or in connection with this
agreement or for
your
use of the Website including any
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errors, mistakes, or inaccuracies on the Website or in SDM’s
Content;
- personal injury or property damage, of any nature
whatsoever,
resulting from your
access
to and use of Website;
- interruption or cessation of transmission to or from the
Website;
- bugs, viruses, trojan horses, or the like, which may be
transmitted to or through
the
Website by any third party.
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You hereby disclaim, waive and forego any and all liability, both
civil
and
criminal,
whether contractual or statutory, arising in the past, existing at
present
or
potentially
arising in future, out of or in relation to, any use of any SDM’s
Content
published by
us
pursuant to and in the manner agreed here in above.
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INDEMNITY
You agree to defend and indemnify SDM and hold us harmless against any
and all
legal
claims
and
demands, including reasonable attorney’s fees, which may arise form or
relate to
your
use or
misuse of the Website or SDM’s Content, your breach of these Terms or
your
conduct/actions.
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SEVERABILITY
If any part of this Agreement is determined to be invalid or
unenforceable
pursuant to
applicable law including, but not limited to, the warranty disclaimers
and
liability
limitations
set forth above, then the invalid or unenforceable provision will be
deemed
superseded
by a
valid, enforceable provision that most closely matches the intent of the
original
provision
and
the remainder of the Agreement shall continue in effect.
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CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of India, without regard to its
conflicts
of law
provisions; and you hereby consent to the exclusive jurisdiction of
courts in
New Delhi,
India
with respect to all disputes arising out of or relating to your use of
the
Website. In
addition,
you hereby consent to the exclusive jurisdiction of and venue in such
courts for
any
action
commenced by you against us (or our affiliates).
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