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Terms and Conditions

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This website is promotional and informational in nature and is dedicated to provide information about the SaaS product developed by Wingage Technologies LLP being the Saas product WhatsCom and/or other related products. Please read these Terms of Service carefully before you begin using our website having URL www.whatscom.io (the "Website"). This Website is owned and operated by Wingage Technologies LLP ("Company", "we," "our," or "us"). The terms "User", "you" or "yours" refer to the user of our Website.

By visiting, using, viewing, or accessing the Website, and/or any content contained on, accessible or downloadable through this Website, whether available for free or by purchase, accessing the Website, or otherwise signing up to receive any of our emails, newsletter, social media posts or content from the Website if that option is offered, you are voluntarily agreeing to these Terms of Service and accept and agree to be bound and abide by them, and you are legally agreeing that you have read, understand, and fully consent to the terms contained below in this Agreement.

1. INFORMATION DISPLAYED ON WEBSITE

1.1. The information displayed on this website is promotional in nature and has been divided into different types of information, displayed on different pages of the Website. The following are the different kinds of information displayed on the Website with regards to the different products -

1.1.1. Landing page - The landing page being the first page of this Website shall contain high level visual(s) and written description(s) of the various solutions offered by us along with the various benefits observed by our customers and/or clients. This page shall contain a form which you may fill and the nature and purpose of such form shall be for consultation purposes. By filling such a form, you consent to receiving emails, calls, messages and/or newsletters from us.

1.1.2. WhatsCom channels - The second page of this Website shall contain high level visual(s) and written description(s) of the WhatsCom channel being WhatsApp, SMS and internet power chatting channels.

1.1.3. WhatsCom engage - The third page of this Website shall contain high level visual(s) and written description(s) of solutions like chatbot, flow orchestration, point of sale, marketing campaign tool(s), reporting tool(s) and other softwares and computer programs essential for businesses.

1.1.4. WhatsCom marketplace - The fourth page of this Website shall contain information being promotional in nature about the WhatsCom marketplace.

1.1.5. About us & contact us - The fifth and last page of this Website shall contain the overall details about the Company, Company profile, owners, partners, employees and/or shareholders of the Company.

2. TERMS

2.1. We hereby grant you a limited, non-exclusive, non-assignable and non-transferable license to access our Website provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms of Service Agreement.

2.1.1. No Retransmission of Information: The information displayed on our Website is related to our products and services and are strictly provided for personal and non-commercial use.

2.1.2. Delays in Service: We shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures.

2.1.3. Liability: You expressly agree that use of the Website is at your sole risk and decision.

3. DISCLAIMER

3.1. This Website is only for promotional activities and we transmit information about our products and services through this Website.

3.2. By entering your personal information into the consultation form available on our Website, you agree to allow our personnel to send you emails, newsletters, SMS, and call you, even if you have opted for the Do Not Disturb Service (DND).

3.3. The information entered by you into the consultation form shall be protected under the relevant privacy laws of India including but not limited to the Digital Personal Data Protection Act, 2023. You may request us to remove and/or permanently destroy your personal information and you may do so by contacting us at our support email - marketing@whatscom.io. Please refer to our Privacy Policy to know more about our privacy practices.

3.4. For any print product, the default delivery mode is via postal service.

4. AGREEMENT BETWEEN USER AND THE COMPANY

4.1. Our Website is composed of various web pages & sections operated by Wingage Technologies LLP.

4.2. Our Website is offered to you, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

5. MODIFICATIONS OF THESE TERMS AND CONDITIONS

5.1. We reserve the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.

6. LINKS TO THIRD PARTY SITES

6.1. This Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including but without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

7. NO UNLAWFUL OR PROHIBITED USE

7.1. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for, through the Website.

8. USER RESPONSIBILITIES

8.1. The Website contains review services, or other forums, in which you or third parties may post reviews of experiences using services and/or products or other content, messages, materials, videos, or other items on the Website (collectively “User Areas”). You are solely responsible for your use of such User Areas and you shall use them at your own risk. By using any User Areas, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website, any of the following:

8.1.1. Any message, data, information, text, music, sound, photographs, graphics, videograph, code, or any other material ("User Contribution") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

8.1.2. User contribution on products or services offered by your current employer or by direct competitors of your current employer;

8.1.3. User contribution that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;

8.1.4. User contribution that may infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;

8.1.5. User contribution that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

8.1.6. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

8.1.7. Private information of any third party;

8.1.8. Viruses, corrupted data, or other harmful, disruptive, or destructive files;

8.1.9. User Contribution that is unrelated to the topic of the User Area(s) in which such User Contribution is posted; or

8.1.10. User Contribution or links to content that, in the sole judgment of us:

8.1.10.1. violates the previous subsections herein,

8.1.10.2. is objectionable,

8.1.10.3. restricts or inhibits any other person from using or enjoying the User Areas or the Website, or

8.1.10.4. may expose the Company or its directors, shareholders, partners, employees, affiliates, third party service providers or its users to any harm or liability of any type.

8.1.11. We reserve the right to terminate your access to any or all of the communication services or User Areas, at any time without prior notice whatsoever and we reserve the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

8.1.12. We have no obligation to monitor the User Areas. However, we reserve the right to review materials posted on the User Areas and to remove any materials, at our sole discretion.

8.1.13. We reserve the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

8.1.14. You must always use caution when giving out any personally identifying information about yourself or your children or your associates or family members in any User Areas. We do not control or endorse the content, messages or information found in any User Areas and, therefore, we specifically disclaim any liability with regard to the User Areas and any actions resulting from your participation in any User Areas. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect those of ours.

8.1.15. Materials uploaded to User Areas may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations, if you download the materials.

9. TERMS AND CONDITIONS FOR ONLINE PAYMENT

9.1. These terms and conditions apply to the User who may use online payment services for any payment made to us. By authorizing a payment to us through the online payment service ("Payment Service"), it would be treated as a deemed acceptance of these Terms of Service. We reserve all the rights to amend these terms and conditions according to the following key terms:

9.1.1. Payment(s) through the Payment Service may only be made with a credit card, debit card, mobile wallets, UPI or net banking;

9.1.2. It is recommended that the user make necessary enquiry about the charges or fees payable against the credit card or debit card used from credit card or the debit card service provider i.e. their respective bank.

9.1.3. The credit card information supplied at the time of using the Payment Service is processed by the online payment gateway provider and is not supplied to us. It is the sole responsibility of the User of the Payment Service to ensure that all the information entered is correct. It is recommended that you retain a copy of the transaction, which might assist in resolution of any issues that may occur during the transaction.

9.1.4. The subscriber agrees, understands and confirms that his or her personal data including but without limitation, details relating to debit card or net banking or credit card transmitted over the internet, may be susceptible to misuse, hacking, theft and/or fraud and that we or the payment service provider(s) have no control over such matters.

9.1.5. The Payment Service is provided using a payment gateway service provider through a secured website. However, neither the payment gateway service provider nor we give any assurance, that the information so provided online by a User is secured and will not be read and/or intercepted by a third party.

9.1.6. We do not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the Payment Service.

9.1.7. Neither we nor the payment service providers shall be liable for any inaccuracy, error or delay in, or omission of:

9.1.7.1. any data, information or message; or

9.1.7.2. the transmission or delivery of any such data, information or message; or

9.1.7.3. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.

9.1.8. Under no circumstances shall we and/or the payment service providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Payment Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary damages arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Payment Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or interruption or termination of the Service.

9.1.9. The subscriber agrees that neither we nor any of our employees will be held liable by you for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms of Service, where such failure is due to circumstance beyond the reasonable control of us.

9.1.10. You agree that the debit card or credit card or net banking or UPI details provided by you for use of the aforesaid Payment Service(s) must be correct and accurate and that you shall not use a debit card, credit card, UPI and net banking services that are not lawfully owned by you or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit card, credit card, UPI and internet banking details.

9.1.11. You are fully and lawfully entitled to use such a credit card, debit card, UPI or bank account for such transactions and are responsible to ensure that sufficient credit or balance is available on the bank account at the time of making the payment.

10. MATERIALS PROVIDED TO US OR POSTED ON OUR WEBSITE

10.1. We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to our Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to:

10.1.1. copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and

10.1.2. publish your name in connection with your Submission.

10.2. No compensation will be paid with respect to the use of your Submission, as provided herein.

We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.

10.3. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

11. LIMITATION OF LIABILITY

11.1. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY PRODUCTS, SERVICES, WEBSITE & APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME.

11.2. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR PRODUCTS FOR ANY PURPOSE.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. We and/or our suppliers hereby disclaim all warranties and conditions with regards to this information, software, products, services and related graphics, including all implied warranties or conditions of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11.3. To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our products/services, with the delay or inability to use our products or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of us, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our products & services.

11.4. Email : marketing@whatscom.io

12. MISCELLANEOUS

12.1. We reserve the right, in our sole discretion, to terminate your access to our Website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, this agreement is governed by the laws of the Indian government, India and you hereby consent to the exclusive jurisdiction and venue of courts in Medak,Telangana, India, in all disputes arising out of or relating to the use of the Website and the related services. Use of our Website and the related services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including but without limitation this paragraph.

12.2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us, as a result of this agreement or use of the Website and the related services. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Website and the related services or information provided to or gathered by us with respect to such use.

12.3. 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to our Website and the related services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us, with respect to our Website and the related services.

12.4. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the

13. COPYRIGHT

13.1. All contents of our Website and the related services are governed by the Copyright Act, 1957 of India and are owned by Wingage Technologies LLP and/or its suppliers. All rights reserved.

14. TRADEMARKS

14.1. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

14.2. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

14.3. Any rights not expressly granted herein are reserved.

Last Updated: May 2024 | Contact: marketing@whatscom.io

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