This is an electronic record in terms of the Information Technology Act, 2000, the rules thereunder as applicable and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Therefore, You understand that this electronic record is generated by a computer system and does not require any physical or digital signatures for verification.
You may become a member of this App by affirming and stating that you have read, understood and agree to all the following terms and conditions.
In this document, the words “you”, “your”, “user” and “visitor” refer to each member, Website/Appvisitor, or Application user. The words “we”, “us”, “our” and “WaveNote” refer to WaveNote Technologies Private Limited.
1. ACCEPTANCE OF TERMS
This Site/App is a service of WaveNote Technologies Private Limited, having its office at Savitri II, G.T Road, Dholewal Chowk, Ludhiana, Punjab, 141001, (the “Company"). The Company provides its service to you subject to the following terms of service ("ToS"), which may be updated by the Company from time to time without notice to you. You can review the most current version of the ToS at any time on this website. Please check the ToS periodically for changes. By your use of the service you signify your agreement to the ToS. If you do not agree to the ToS, please do not use the service.
The term “use” is to be construed very broadly herein, including, but not limited to, logging in, creating an account, or viewing the App and its features, taking up a trial version, searching, downloading or installing the App, clicking on the Website’s links to browse through information about the App and the Company, uploading content, reviewing a feature, commenting on other user content, providing feedback to the Website, or casually browsing through the Website/App at any time. This will under all circumstances constitute “use” of the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE AND/OR APP IS TAKEN AS YOUR ACCEPTANCE TO THESE TERMS OF SERVICE.
2. DESCRIPTION OF SERVICE
The company currently provides users with a platform for user-to-userinteraction through the medium of posting and sharing audio clips (hereinafter referred to as /or“Audio Notes” and/or “Content”), and. attaching cover pictures on each such Audio Note. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new features by WaveNote, shall be subject to the ToS.
In order to use the service, you must have access to the World Wide Web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that you must be at least 18 years of ageto become a member of this site and access it.
3. OWNERSHIP OF CONTENT
You agree and understand that all the content on the App and Website is owned by the specific users from whom it originates, and the Company does not own any of the content published on the App and/or Website, or is as such being displayed on your feed; nor does any content ever fall under the ownership of the Company at any point of time while such content is being uploaded to the App or Your feed. Further, the Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by third party users. Furthermore, by using the App,You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of the App.
The Company or its assignees, representatives, employees shall not be made liable for any Content displayed through the Program.
It is illegal to submit offensive, defamatory and otherwise derogatory material for publishing on the App and this can lead to criminal legal action and/or other modes of penalty such as removal of offensive materials, suspension or termination of user account etc, being imposed against the user from whom such material originates.
4. YOUR CONTACT INFORMATION
You must provide a valid e-mail address, communication address and a mobile numberwhere the Company and its authorised representatives can contact You directly.
When You sign up for an account on the App, You agree to provide Your genuine/valid e-mail address, communication address and Your mobile number. In case You provide an invalid e-mail address/mobile number (due to oversight or other reason) by way of which You suffer any loss in any manner (including delay/loss of content uploaded, whether in part or completely and other incidental loss or consequences), You agree to hold harmless the Company for any such occurrences or related consequences thereof.
By registering Your e-mail address, communication address and mobile number on the Website, You also consent to be contacted by us via email, phone calls and/or SMS notifications.
You further agree and understand that when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. PROMOTIONAL LINKS
For promotional purposes, the Company uses various marketing tools, including social media marketing and other viable fora. Please note and understand that these sections of the Appand/or third-party links displayed on the Website/Appfor promotional purpose are free peer-community forums. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the users of other social media links. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the third party links or the Website. Furthermore, by using the Website/Appand such other links as forming part of social media and promotions, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of Website/Appand other such promotional links.
You agree to indemnify and hold the company, and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the ToS, or your violation of any rights of another.
You further agree that in the event of any action or claim brought against the company due to or arising out of any content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the ToS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
7. DISCLAIMER OF WARRANTIES
The App, all materials made available through it as well as the products and services are provided to You on an “as is” and “as available” basis without any representations, warranties and guarantees attached to them regarding their availability, accurateness, timeliness or completeness.
To the fullest extent possible, the Company disclaims all responsibility, liability, warranties of any kind and, whether express or implied, including, but not limited to, the accuracy of information and services made available according to Your particular needs, the denial of services offered to You, for any reason stated or not stated by the Company or its authorised representatives, employees, directors and other officials.
The Company makes no warranty that: (a) the App/Website, materials contained therein, applications and services offered by it will meet Your requirements; (b) the App/Website, materials contained therein, applications, products and services offered by it will be available on an uninterrupted, timely, secure or error-free basis; (c) the content, materials contained therein will be accurate or reliable; or (d) the quality of any services, information or other material displayed on the App/Website, will meet Your expectations.
The Company shall have no responsibility for any damage to Your computer system and mobile device or loss of data that results from the download of any content, materials, information or software through the Website/App.
You agree that the Company, in its sole discretion, may terminate your password, or account, and remove and discard any content within the site, for any reason, including without limitation lack of use or violation of the letter or spirit of these ToS.
You agree that the Company may at any time, on its sole discretion, modify, suspend or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that the company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
8. INTELLECTUAL PROPERTY RIGHTS
You shall respect the Intellectual Property Rights of the Company and will not claim any rights to the source code of the software forming the technical foundation of the App/Website. The source code is the exclusive Intellectual Property of the Company.
Further, the basic layout of the App, Your feed and the trademark “WaveNote” alongwith other proprietary information contained in the name and style of the App/Website is solely owned by the Company and will not be interfered by You in any way.
You shall not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the App or the Content, in whole or in part.
You shallnot commit any copyright infringements, and shall take all steps necessary to remove such a copyright infringement, if any, upon a notice issued under the Digital Millennium Copyright Act 1998 and the Information Technology Act, 2000 and Rules thereunder.
The Company shall not be liable for any action or claim brought by a third party, on the basis of an alleged or real third party intellectual property right infringement done by or purported to have been done by the Company, relating to the Content uploaded on the App/Website.
9. COPYRIGHT INFORMATION
The company respects the intellectual property of others, and we ask our users to do the same. If you believe that a copyright work has been copied in a way that constitutes copyright infringement, please provide the company the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
A) a description of the copyrighted work that you claim has been infringed;
B) a description of where the material that you claim is infringing is located on the site;
C) your name, address, telephone number, and email address;
D) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You may send such information to the company by email: email@example.com for taking necessary action.
10. AGREEMENT FOR BINDING ARBITRATION
A Sole Arbitrator will conduct the Arbitration, as appointed by the Company. The place of arbitration shall exclusively be Chandigarh. The Arbitration & Conciliation Act, 2015 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The governing law for the arbitration proceedings will be the applicable laws of India. Each party will bear its own costs as to its representation before the arbitration bench.
11. GENERAL TERMS
12. GOVERNING LAW
13. GREIVANCE 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:
Name – Somya Dada
Contact No. - +91-9876039022
Email ID - firstname.lastname@example.org
As a part of using the Website/App, You are able to upload content on the Website/Appincluding, but not limited to, answering questionnaires, filling forms, uploading textual, audio or visual content, reviewing a service, providing feedback to the Website.
You agree and understand that the Company may at any time, without any restriction and in its sole discretion, edit, copy, publish, distribute, translate and otherwise use in any medium any such content that you forward to the Company through any medium. The Company is and shall be under no obligation (1) to maintain any such content in confidence; (2) to pay compensation for any content received; or (3) to respond to any content.
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website/Appor to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website/Appor solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which we, in Our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the Website/Appor any other individual’s Use and enjoyment of similar services;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;