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Terms Of Services
Privacy Policy
Virtual Items Policy
Agency Terms Of Services
Host Terms Of Services

Terms Of Services

By accessing and visiting this website, you acknowledge that you have read and understood these customer terms (“Customer Terms and Conditions Policy”). Please ensure that you read and understand all of these terms before you start using the website, as you will be bound by them. These Customer Terms are between the users of the website (referred to as "You" or "Your" or "Yourself" or "User" or “Customers” and shall, where the context so permits, also include “Hosts” and “Agencies”), AND LVE INNOVATIONS PVT LTD (“Company”), a company incorporated under The Companies Act, 2013 having its registered address at #179/2, GVR Ikon, 10th A Main Road, Double Road, Indiranagar 2nd Stage, Indiranagar Bangalore KA 560038 and shall be a legally binding agreement between You and the Company. You, AND LVE Innovations Pvt Ltd shall each be referred to individually as “Party” and collectively the “Parties”. If you do not agree with any of these Customer terms, you must immediately cease accessing and using the website and the services being provided under these customer terms. Your acceptance of these customer terms will operate as a binding agreement between you and LVE Innovations Private Limited in respect of your use of the website, and/or subscription of available services.

BACKGROUND

Company owns and operates the website https://www.wafa.app/ and the Application “WAFA”, connected to or mentioned herein. The Company, under this website/social application provides its users with the most simple and reliable way to connect with friends nearby or around the world. The Company’s services allow users to send free text, voice, video, photo messages, and stickers to their friends. It is intended to be a fun place to visit and it is important to the company that it remain a safe and friendly environment for all users and in this regard, you agree that you will only use agree to use the services in a manner consistent with its purpose and which is in accordance with the Terms.

THE PARTIES AGREE AS FOLLOWS

1. DEFINITIONS

1.1 Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:
  • 1.1.1 "Account" means the account created by You on the Website and/or Application for accessing the Services.
  • 1.1.2 Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
  • 1.1.3 Agency” shall mean entities or individuals so contracted and designated by the Company at its sole discretion, who provide the services of onboarding and contracting ‘Hosts’, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
  • 1.1.4 "Applicable Laws" means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
  • 1.1.5 "Application" means such features of the “WAFA” mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
  • 1.1.6 "Area of Operation" means the area in which these Customer Terms are accepted by You, being the territory of India.
  • 1.1.7 "Brand Matter" means an event that, in Company’s reasonable judgement, causes it or its Affiliates to have concern for the reputation of its brand, including, but not limited to, matters related to the alleged violation of any Applicable Laws
  • 1.1.8 "Business Day" means any day excluding Sunday or public holiday in the Area of Operation.
  • 1.1.9 "Collections" shall mean the number of virtual items collected by the hosts on the Company’s platform/website/application.
  • 1.1.10 Confidential Information” shall mean contents of this Agreement and all Communications, and with regard to a particular Party, means any information whether in written, oral, visual, electronic, or other form that:
    • (i) is disclosed and/or provided by a disclosing Party to such receiving Party and is clearly marked or indicated at the time of such disclosure or provision as confidential by the disclosing Party; provided that where there is no mark or indication of the confidential nature of such information at the time of disclosure, said information shall, in any event, be treated as confidential if notification in writing of such confidentiality is provided by the disclosing Party to such receiving Party within 14 (Fourteen) days following the date of such disclosure or provision;
    • (ii) is disclosed and/or provided by a disclosing Party to such receiving Party and (i) under normal social conventions should be treated in confidence, or (ii) concerns technical and/or trade secrets or other commercially sensitive information; or
    • (iii) relates to the provisions and subject matter of, and negotiations leading to, this Agreement;
  • 1.1.11 Customer” means the general user, i.e. the end customer of the Company’s Services who is not designated as a Host or an Agency by the Company.
  • 1.1.12 Customer Content” means images, sounds, videos, data, text, information or any other materials or content the Customer creates, uploads, publishes or propagates through the company’s services
  • 1.1.13 "Customer Feedback" means information provided by a Customer in response to prompting by the Company App, including rating of Item(s) and comments or feedback related to the Customer’s experience with Merchant, the relevant Item(s) on the Company Website/ App, and the delivery services.
  • 1.1.14 Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
  • 1.1.15 "Dispute" means any dispute, action, claim, controversy or cause of action among the parties arising out of or in connection with the Agreement or any term condition or provision hereof, including without limitation any of the same relating to the existence, validity, interpretation, construction, performance, enforcement and termination of the Agreement.
  • 1.1.16 Disclosing Party” shall mean the Company, LVE Innovations Private Limited.
  • 1.1.17 Exchange Rates” means the virtual items to real currency conversion rates as updated on the Company’s website from time to time.
  • 1.1.18 Host” shall mean individuals so contracted and designated by the Company at its sole discretion, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
  • 1.1.19 Host Content” shall mean means the data, images, sounds, videos, data, text, information or any other materials or content the hosts create, uploads, publishes or propagates through the company’s services.
  • 1.1.20 Intellectual Property" or “IP” shall include ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, sketches, formulae, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments;
  • 1.1.21 Linked sites” means the links used in or through the services to other websites or services, provided solely as a convenience to the users.
  • 1.1.22 Live streaming” means internet live audio and/or video streaming and other associated content(s) generated by hosts/talents on the Company platform, including but not limited to mobile application, Personal Computers/website and may include singing, dancing, voices, chats, personal images and other contents generated in a real-time manner.
  • 1.1.23 Material Default” shall mean any event, occurrence, fact, condition, change, development or effect that, individually or in the aggregate, that has had or may reasonably be expected to have a material adverse effect on the ability of any of the Parties to carry out the scope of this Agreement contemplated herein or to perform its obligations hereunder;
  • 1.1.24 Permitted Information” means information such as a user’s name, username, address etc. which the user voluntarily submits to the website or application while registering for the same
  • 1.1.25 Prohibited Content” means the images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
  • 1.1.26 Privacy Policy” means the privacy policy available on the website, as amended by the Company from time to time.
  • 1.1.27 Receiving Party” shall mean the Hosts as per the provisions of this Policy.
  • 1.1.28 Registration Data” means Subscriber name, email address, telephone number and other information (including personal data) that is provided to the Company for registering on the website and/or Application.
  • 1.1.29. “Services” means the technology services the Company or its affiliates provide such as “WAFA” or other applications/services operated by LVE Innovations Pvt. Ltd. and its affiliates.
  • 1.1.30 "Supplemental Terms" means the Definitions, the General Supplemental Terms, the Specific Supplemental Terms and any other terms applicable to the use of the Company Services, Company Tools, and/or the Company mobile Application and shared with the Merchant.
  • 1.1.31 Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables the user to purchase, use and engage in services offered on the company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.

2. REGISTRATION AND USAGE

2.1 Authorized Users. Your access to and use of the company’s Services are subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.

  • 2.2 The Services are not meant for persons under the age of 18. If you are under 18 years of age, then please do not use these Services.
  • 2.3 Only use an authorized telephonic or internet network to access and use the Website. When using the Website, the Subscription Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same are Your responsibility.
  • 2.4 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by Company.
  • 2.5 You must also notify the Company immediately if You cannot access Your Account, you know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
  • 2.6 The Company and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:
    • 2.6.1 The Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
    • 2.6.2 The security of Your Account has been compromised in any way; or
    • 2.6.3 You have not complied with any of the requirements in this clause.
  • 2.7 The Company and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website, the Streaming Services and/or the Services at any time (including without notice):
    • 2.7.1 To make improvements to the Website, the Booking Services and/or the Services (including the security of the Website, the Booking Services and/or the Services);
    • 2.7.2 as required by Applicable Law; or
    • 2.7.3 To protect a legitimate business interest.
  • 3.SPECIFIC FEATURES AND ADDITIONAL SERVICES.
  • 3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (the “Guidelines”) as and when applicable, to specific services and features which may be posted from time to time on the platform.
  • 3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://www.wafa.app/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy
  • 4. LIMITED LICENSE.
  • 4.1 Subject to the terms and conditions herein, LVE Innovation Private Limited hereby grants you a limited, revocable, non-transferable, non-exclusive and non-transferable license to use its website/application and other related services (including all the updates and/or upgrades as and when provided)
  • 4.2 The said license is solely for private and non-commercial use/purposes and is subject to the user adhering to these Terms and Conditions, Privacy Policy and any and all additional guidelines as and when updated by the Company.
  • 5.INTELLECTUAL PROPERTY RIGHTS
  • 5.1 The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Customer Terms grants the Customer any rights in or related to the IP, and all rights not expressly granted to the Customer are reserved by the Company.
  • 5.2 The website/application and other related services are owned and operated by the company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services (hereinafter referred to as “Company Materials”) that are provided by the company are protected under the relevant Copyright, Trademark, Patent laws/statutes, international conventions, and all other relevant intellectual property rules and regulations.
  • 5.3 All company materials contained on the website/application are the copyrighted property of LVE Innovations Private Limited or affiliated companies and/or third-party licensors.
  • 5.4 The Company materials does not include any User/Customer Content or content from third party sites regardless of the fact that the company’s website/application provides a link to access such content.
  • 5.5 The Customer must not:
    • 5.5.1 Copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
    • 5.5.2 Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the website and/or Application;
    • 5.5.3 Use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
    • 5.5.4 Distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
    • 5.5.5 Merge or combine any IP with any other technology not provided by the Company or any; or remove any proprietary notice language on any copies of any IP.
  • 5.6 The Customer is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other material(s) or information posted or transmitted through the Website and/or Application or Device by or on behalf of the Customer (“Customer Content”).
  • 5.7 The Customer must ensure that the Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and the Customer must not:
    • 5.7.1 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or in-formation, or any material relating to or encouraging money laundering or gambling;
    • 5.7.2 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
    • 5.7.3 upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
    • 5.7.4 download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
    • 5.7.5 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • 5.7.6 deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
    • 5.7.7 harvest or otherwise collect information about others, including e-mail ad-dresses, without their consent.
  • 6. USER CONTENT
  • 6.1 Prohibited Content. You shall not use the company’s services to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy;(b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability;(e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
  • 6.2 You will not engage in abuse, bullying, discriminate against, engage in hateful conduct directed at, or threaten violence or harm against any person or groups of people or encourage or participate in the harassment of any person or groups of people. The Company’s urges you to engage in polite conversations;
  • 6.3 You will not spread false information or spam, or artificially amplify or suppress information, not share or promote information (or synthetic or manipulated media) that is intended or likely to cause harm to any person or groups of people, including minors; and not spread misinformation and disinformation that is likely to cause harm or mislead the users or general public at large.
  • 6.4 License to User Content. You hereby grant the Company a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the company’s services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. LVE Innovations Pvt. Ltd. can use the customer/user content in/on the website/mobile application and in other products or services, at the company’s sole discretion and can transfer the license or authorization of using such information and content to its related companies and partners once again, at their sole discretion without the need to obtain the users consent.
  • 6.5 The Company reserves the right to display advertisements/promotional material(s) and sponsorships in connection with User/Customer Content.
  • 6.6 The company has the right to remove, at its sole discretion and without notice to you, Your Content, if it infringes others’ rights and interests. The company further has the right to suspend or terminate a user’s access to the services if the same is in violation of copyright law or other intellectual property law.
  • 6.7 All liabilities and damage with respect to any and all claim(s) raised by the said third party(s) with respect to Customer/User content shall be assumed by the user and they shall compensate the Company for all losses and damages it incurs therefrom, including but not limited to economic losses and business losses.
  • 6.8 You should not, send any confidential or proprietary information to the Company, unless required as per the applicable laws, notwithstanding the “Permitted Information” (as per clause 1.1.12) already submitted by you.
  • 7. USER OBLIGATIONS.
  • 7.1 Restrictions: As a pre-condition to your use of the Service; you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions herein.
  • 7.2 Access to the Company Materials and connected services from territories wherein the same is illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules with respect to intellectual property rights, the internet, technology, data, email, and/or privacy.
  • 7.3 Use of any of the Company Materials for any other purpose apart from what is permitted herein is prohibited.
  • 7.4.You will not use the company service in any manner that, in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.
  • 7.5 You will not take any action that imposes an unreasonable or disproportionately large load on the company’s infrastructure.
  • 7.6 You will not intentionally interfere with or damage the operation of the company’s services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
  • 7.7 You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the company’s services, features that prevent or restrict the use or copying of any content accessible, or features that enforce limitations on the use of the company’s services.
  • 7.8 You will not attempt to gain unauthorized access to the company’s services, or any part of it, other accounts, computer systems or networks connected to it or any part of it, through hacking, password mining or any other means or try to interfere or attempt to interfere with the proper working of the company’s service and/or the activities conducted on the company’s services.
  • 7.9 You will not obtain or attempt to obtain any materials or information through any means not intentionally made available by the company. You agree neither to modify in any manner or form, nor to use modified versions of the company’s services, including (without limitation) for the purpose of obtaining unauthorized access to the same
  • 7.10 The company services may contain an auto-reply function. You agree that you will not use any robot, spider, scraper, or other automated means to access, bypass the company’s services for any purpose without our express written permission.
  • 7.11 You will not utilize framing techniques to enclose any trademark, logo, or other company materials without our express written consent.
  • 7.12 You will not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks without our express written consent.
  • 7.13 You will not deep-link to the company’s services and will remove any links that the company finds objectionable in its sole discretion. You will not use our logos, graphics, or trademarks as part of the link without our express written consent.
  • 7.14 You will not send junk mail to other users of the service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
  • 7.15 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
  • 7.16 Representation and Warranty: You represent, warrant and covenant that at all times:
  • (i) the Your Content is legal, does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests;
  • (ii) you own or have the necessary licenses, rights, consents and permissions for the use of your Content;
  • (iii) you authorise the company’s use of your content for its purposes.
  • 8. FEEDBACK, ISSUES AND COMPLAINTS
  • 8.1 You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form with respect to the services to the company.
  • 8.2 Any Feedback shall not be considered your confidential information and may be used by the company for any purpose.
  • 8.3 There shall be no obligation to provide compensation for use of Feedback.
  • 8.4 All feedbacks issues and complaints are to be sent to the Company via the following email: [email protected].
  • 9. THIRD PARTY SITES.
  • 9.1 The Service may include links to other websites or services solely as a convenience to users (“Linked Sites”).
  • 9.2 The Company does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, the company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.
  • 9.3 Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
  • 9.4 Your correspondence or business dealings and/or participation and/or engagement with the advertisers/third party(s) found on or through the platform are solely between you and such advertiser. You agree that the company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on its website/application or platform.
  • 9.5 The company may make changes to or discontinue any of the content or services available on the Platform/website/mobile application at any time, without notice. The content or services may be out of date, and the company makes no commitment to update these materials.
  • 10. REFUND POLICY
  • 10.1 You may request the termination of your account and/or any payments made in lieu of virtual items initiated on the Company Platform, at any time by contacting our Customer Service team either through phone or the customer support email ID. Our contact information can be found on the Support page of our website as well as in this agreement.
  • 10.2 When submitting your cancellation request, you must provide the correct username and password for your account for verification along with details of the transaction to be refunded. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
  • 10.3 Refund requests which are initiated after 7 days from the date of making the said transaction shall not be refunded. Post the 7 (seven) day period, the user foregoes any rights to the membership/subscription fee paid, virtual currency bought; unless the company is directed to do so as per Law or by an order of a competent court or any other such authority.
  • 11. VIRTUAL ITEMS
  • 11.1 Users have the option to purchase or buy “virtual items”, which may be used and or redeemed on the platform to play games, gift items and make further in-app purchases.
  • 11.2 These virtual items may be purchased by a user in the following ways;
    • 11.2.1 via the authorised payment gateway channel(s) that are part of/built in to the “Google Play Games” and/or Google play app store.
    • 11.2.2 via Third Party Partners of LVE Innovations Pvt. Ltd., a list and details of whom will be updated by the company on its website/mobile application from time to time.
  • 11.3 Unless otherwise specified, these virtual items can be used and have value only on the Company’s website/mobile application and other related services.
  • 11.4 The virtual items hold no purchasing power and have no legal backing and/or value in commercial and/or public markets/marketplaces.
  • 11.5 The virtual items can be used in order to purchase value-added services, items, tokens and other services/items offered by the Company on its platform, such as sending gifts to hosts or other users, playing games with hosts or other users etc. Specific price/virtual item related information, exchange rates, and usage policy will be determined by the company at their sole discretion and information about the same will be provided on our service interface.
  • 11.6 Unless otherwise provided hereof, virtual items may not be used for any other purpose(s), including to conduct virtual item(s) transactions with third parties, or trading on third-party platforms other than those of the company and/or its affiliates. If you violate the foregoing requirement, we will not be liable for any losses to you or the third party. Furthermore, on suspicion of your Account being is involved in such suspicious activity(s), we reserve the right to suspend the said account and the user will forego his/her rights over the virtual items, until relevant measures are taken in accordance with this agreement.
  • 11.7 Anti-Money Laundering: You understand and acknowledge that the Company and its affiliates are, or may in the future become, subject to money laundering statutes, laws and regulations applicable within the territory of India or other international jurisdictions, and You shall to execute instruments, provide information, and/or perform any other acts as may reasonably be requested by the Company for the purpose of carrying out due diligence as may be required by Applicable Law(s). You further agree to provide LVE Innovations and its affiliates with such information as they may reasonably require to comply with applicable anti-money laundering laws or regulations.
  • 11.8 You understand, acknowledge and agree that to the extent permitted by Applicable Law, the Company may provide information, including confidential information, to the law enforcement agencies, or any other agency or instrumentality of the Indian Government, or as otherwise required by Applicable Law, in connection with a request for information made on behalf of law enforcement agencies investigating any terrorist activity or money laundering activities.
  • 11.9 You can recharge your virtual items through the legal channels allowed by us. The exchange rate between virtual items and legal currency may vary in accordance with the purchasing channel(s), information on the same will be displayed and updated from time to time on the Company’s platform, website/application.
  • 11.10 You agree not to recharge or funnel money into our system through illegal or unauthorized channels. If you violate the rules and transact via illegal means on our interface in order purchase virtual items, we do not take responsibility for the same and will not be able to guarantee that the transaction will be successful. Furthermore, we reserve the right to report any such activity to the concerned authorities.
  • 11.11 Unless as otherwise provided by the Company under its policies, under no circumstance, can a Customer or individual exchange the virtual items for legal denominations/depository notes and/or other forms of legal, backed currency.
  • 11.12 The Company will not take any responsibility, nor will it compensate a user for any losses caused for the violation of this clause 11. Furthermore, the company reserves the right to terminate, restrict your account, including but not limited to your access to virtual items and pursue legal action against you, both civil and criminal in nature for violation of the terms and conditions of this Agreement or any other policies of the Company.
  • 11.13 You bear the responsibility over your account, please check your account carefully before recharging/using the same on our platform. You shall bear all losses on account of incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.
  • 11.14 Unless otherwise regulated by law(s), all purchases of virtual items made through the service are final, non-refundable and non-transferrable under any circumstances.
  • 11.15 The Company reserves the right to set out or modify the rules in connection with the virtual items and other transaction from time to time based on various factors including, but not limited to the transaction limits, number of transactions etc.
  • 11.16 We do not encourage or allow minors to use or buy virtual items. If you are a minor, you should ask your guardian(s) to operate or operate the website/service, on your behalf, with their express consent.
  • 11.17 You shall be responsible for losses arising from our inability to provide virtual currency services or any issues in providing virtual items caused by the following reasons:
    • 11.17.1 Due to loss, ban or freeze of your account;
    • 11.17.2 you disclosed your password to others;
    • 11.17.3 Due to faults of payment channel institution;
    • 11.17.4 Caused by intentional or gross negligence or violation of laws and regulations by other users;
    • 11.17.5 Other reasons caused by yourself;
  • 11.18 You may receive some virtual gains in the course of using our services/application. In accordance with the terms of this agreement, you are only allowed to use the virtual items on the company’s platform. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us.
  • 11.19 Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:
    • 11.19.1 If the recharge of the virtual currency is determined by the bank, payment channel, or court as invalid;
    • 11.19.2 If the Chargeback or refund initiated by end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;
    • 11.19.3 The money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund;
  • 11.20 In the event of any violation of this Agreement, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.
  • 11.21 You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. Furthermore, we will not return the corresponding cash value and will not make any compensation(s).
  • 12. FORCE MAJEURE
  • >
  • 12.1 Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by acts of any government authorities, acts of God, fire, flood, explosion, pandemic(s), riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
  • 13. TERMINATION
  • 13.1 These Customer Terms continues until such time as they are terminated by the company in accordance with terms hereunder.
  • 13.2 The Company may terminate these Terms with immediate effect without notice;
    • 13.2.1 In order to comply with any Applicable Law;
    • 13.2.2 You commit a breach of these or any other Customer Terms and Conditions/Policies/guidelines.
  • 13.3 You agree that the Company may at its sole discretion may terminate any account (or any part thereof). In addition, the company reserves the right to discontinue any aspect of the Service at any time, including but not limited to the right to discontinue the display of any licensed content, linked or embedded content etc.
  • 13.4 The company shall in no event be responsible for the deletion, losing of, or failure to store your content. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that the company will not be liable to you or any third party for such termination.
  • 13.5 Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the company may have in law or in equity.
  • 14. DISCLAIMERS; NO WARRANTIES.
  • 14.1 Without limiting any other provision of this section and in addition to all other provisions of this section, to the fullest extent permitted by applicable law, the company expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, with respect to the services. The company makes no warranty that the services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free. The company does not make any warranty or representation as to the use or the results that may be obtained from the use of their services.
  • 14.2 You acknowledge that the services may be subject to operating errors or defects including, but not limited to loss of data, delays, non-deliveries, errors, system down time, mis-deliveries, network or system outages, file corruption, or service interruptions. No such event shall constitute a breach of this or any other contract on the part of the company, even if caused by the negligence or gross negligence of the company or any of its affiliates, employees, agents, licensors or subcontractors.
  • 14.3 Certain state laws do not allow limitations or implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, in such cases, the company’s liability will be limited to the extent permitted by law.
  • 15. INDEMNIFICATION.
  • 15.1 You agree to indemnify and hold the company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.
  • 15.2 The company reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate and indemnify us in our defence of these claims.
  • 16. LIMITATION OF LIABILITY
  • 16.1 Under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the extent permitted by law.
  • 16.2 In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount already spent by a particular user on the platform.
  • 16.3 These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the company and received by you through or advertised on the company service or received by you through any links provided on the company service.
  • 17. AMENDMENTS TO THESE CUSTOMER TERMS
  • 17.1 The Company may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.
  • 17.2 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
  • 17.3 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
  • 17.4 These Terms were last updated on 28th June 2021.
  • 18. GOVERNING LAW AND DISPUTE RESOLUTION
  • 18.1 This Agreement shall be governed by the law of the Republic of India.
  • 18.2 In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.
  • 18.3 These Terms will be governed by and construed in accordance with the laws of the State of Karnataka and you submit to the exclusive jurisdiction of the courts located in Bengaluru for the resolution of any disputes.
  • 19. MISCELLANEOUS
  • 19.1 Waiver: The provision(s) of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
  • 19.2 Assignment: The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
  • 19.3 Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.
  • 19.4 No warranties: This Website is provided “as is,” with all faults, and the company makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
  • 19.5 Rights cumulative: Subject to any express provision in these Customer Terms to the contrary, the rights, powers or remedies of a Party under these Customer Terms are cumulative and in addition to, and do not exclude or limit, any right, power or remedy in any other part of these Customer Terms or otherwise provided at law or in equity.
  • 19.6 Notice: Any notice will be sent to the address of the relevant party as provided to the Company and deemed duly given:(a) upon actual delivery, if delivery is by hand; or (b) three (3) days after being sent by overnight courier, charges prepaid; or (c) by electronic mail to the designated recipient.
  • Privacy Policy

    This website is owned and operated by LVE Innovations Private Limited., a Company incorporated under the provisions of the Companies Act, 2013, having its registered address at, 222, Nurturelabz, Indiranagar Double Road, Domlur Second Stage, Indiranagar, Bangalore, Karnataka, India 560071 (the “Company”, or “we” or “us” or “our”). The Company owns, operates and hosts the mobile application bearing the name “WAFA”, accessible at https://www.wafa.app. This Privacy Policy ("Policy") describes the practices adopted by the Company for handling User information collected in connection with the services rendered by this Website and how it collects, uses, discloses and transfers personal information of users through its websites and applications, including through its mobile applications (if applicable) and online services (collectively, the "Platform"). This policy applies to those who visit the Platform, or whose information the Company otherwise receives in connection with its services (including but not limited to, contact information of individuals associated with LVE Innovations, its partners, Experts) (hereinafter collectively referred to as "Users"). For the purposes of the Privacy Policy, "You" or "Your" shall mean the person who is accessing the Platform. LVE Innovations Private Limited and their affiliates, referred to as ("we", "us", "our") are committed to protecting and respecting User privacy and aim at providing you with the information, options and choices necessary for you to control how we use your information. This Privacy Policy describes how the Website collects and uses personal information to provide services operated by or on behalf of the Website. This policy applies to Users of our website ("Website" or "Site") or mobile application ("App"). Please note that when using the Application, this Privacy Policy should be read in conjunction with our Terms and Conditions of Use and other applicable policies. By accessing the Application, you acknowledge that the Privacy Policy and the Terms of Use govern your use of our Application and/or website. The controller of your personal information is the company and the Company may provide products and services through its affiliated companies. The affiliate acts as a Data Controller with respect to personal information processed, used, and stored as a part of services and activities conducted by the affiliate. Certain services and activities may be conducted by several affiliates. Privacy and personal data protection principles vary from one country to another. When you access or visit a third-party website or application, you are subject to the privacy policy of that website or application. Please read the third party’s privacy policy to determine the privacy practices that apply to information or data maintained by the website or application. This policy sets out:
    • 1. Information collected
    • 2. Usage of information.
    • 3. Promotional updates and communications.
    • 4. Information sharing.
    • 5. Storage of Information.
    • 6. Processing of payments
    • 7. Protection of Information, including minor’s information
    • 8. Duration of Information storage
    • 9. Rights of information providers
    • 10. Changes to this policy
    • 11. Contact us

    1.1 Collection of Information

    The following information may be collected or received

    • 1.1.1 Direct sharing of personal information. Information containing names and addresses, age, country, city, contact number and company/organization that you are associated with, which are shared while subscribing to services by the User. Information that one would usually include in a resume/job profile/curriculum vitae including name, contact details including e-mail address and mobile number, work experience, educational qualifications, data relating to your current and past remuneration or salary, a copy of your resume, etc. when you register on the Platform.
    • 1.1.2 Automatically collecting information, collected each time the Site and/or App is visited and used by the User. This includes technical information, information about User visit, and User location data.
    • 1.1.3 Information being collected automatically by the Website: Internet protocol (IP) address, browser type, mobile device identifier, Internet service provider, operating system, pages that have been visited before and after using the Website, the date and time of visit, information about the links clicked and pages viewed within the Website, and other standard server log information may be collected automatically by visiting the Website. The website uses cookies, pixel tags, local shared objects, and similar technologies to automatically collect this information. By using the website, you consent to the Website's use of cookies and similar technologies.
    • 1.1.4 Location data: Information relating to Users real time location might be collected to fulfil certain aspects of our services or to enable 3rd Party Partners to fulfil their obligations. This is done solely to provide location services if requested or agreed to, in order to deliver content and services that are dependent on knowing where you are, in order to meet service-related requirements. Please note that we only collect your live location on the Site/App if the same specifically allowed in your settings. If such a setting is not selected then we will not collect your live location unless you are accessing the Site/App or availing our services. This information is collected in combination with an ‘identifier’ associated with your device to enable us to recognise your mobile browser or device when you return to the Site/App. You may turn off location access using your device or not provide us your location, however, please note that without the ability to collect your location we might not be able to provide you the certain services.
    • 1.1.5 Device information: The devices used (mobile phones, computers, tablets, etc.) to access Website services such as the hardware models, operation system information, software information and version, file names, language preferences, IP address cookie information, advertising identifiers, browser version, device settings, and mobile network information. The Website may recognise Users devices to provide the User with personalised experiences and advertising across the services available.
    • 1.1.6 User profile: If you are a visitor to the Application, creating a user profile is optional. If you register for a user account with the Application, we may collect certain information such as your e-mail address, username and password. You can also use your Facebook account to register with us. Note, however, that we do not collect information from Facebook.
    • 1.1.7 User content: We will collect any user content you create, share, or post to the Application, which may include information contained in your user account, as well as photos or other image files and associated metadata. Please note that other users of the Application may be able to download and extract any images shared publicly on the Application. Furthermore, the collected user content may also be used by the company for marketing/advertising purposes and to provide the User with promotional updates, in-application messages and/or push messages about products and/or services. You should avoid uploading images with embedded location data. Do not include financial account numbers, social security numbers or any other sensitive or confidential personal information in your content submissions on the Application/Website.
    • 1.1.8 Financial Data: We utilizes Apple and Google to process all financial transactions and The Company is not provided with any personal data related to your transaction.
    • 1.1.9 Cookies: Cookies are small files which, when placed on your device, enable the Platform to provide certain features and functionality. We and our service providers use cookies to automatically collect information, measure and analyse which pages you click on and how you use the application, enhance your experience using the application, improve our services (refer 1.1.1 and 1.1.2 above). Cookies may include information such as your login or registration identification, user preferences, time spent on a website and pages visited. We may also use third-party tracking technology to record similar information regarding you and your activity on the Application. Google Analytics may collect your IP address, data related to the device/browser, or other information about your use of the Application and may do so using cookies. Google Analytics’ data practices are governed by the Google Privacy Policy, as it may be amended from time to time. By using the Application, you consent to our use of Cookies.
    • 1.1.10 Additionally, we allow our service providers (including analytics vendors and advertising networks) to collect information about your online activities through cookies. These third parties may use this information to display advertisements on our application and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy. Some devices may offer a “Do Not Track” feature. The Application does not respond to “Do Not Track” signals.
    • 1.1.11 We may also collect information that you submit when you contact the customer support, or otherwise submit information to the Company, including email address, and other information submitted during your use of the Application.

    1.2 Information received from other sources.

    • 1.2.1 If there is use of any of the other websites or apps we operate or other services provided by us, we collect such information as may be required while providing such other services.
    • 1.2.2 From third parties through whom the User is able to access or register for the services (e.g. where you are able to log in with a Google or Facebook account).
    • 1.2.3 From associated or affiliate third parties, whom the Company closely works with in order to provide its services.

    1.3 In case Website receives or collects any such data as mentioned above, the User will be informed when such data is being collected and if such data is intended to be shared internally and/or combined with data automatically collected on this site. The purpose of such usage shall also be intimated to the User.

    1.4 The website works closely with third parties (including but not limited to, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers). Users are hereby notified that the platform will receive information about the User from such third parties and will be notified, from time to time of the purposes for which the website intends to use such information.

    1.5 The User may be given the option to access or register for any and all services through the use of a user name and password (or any other identifier) for certain services provided by third parties (each, an “integrated service”), such as through the use of your Google account, accounts with payment systems or wallet providers, or video call service providers, or otherwise have the option to authorize an integrated service to provide personal data to the Website. By authorizing the Website to connect with an integrated service, the User authorizes us to access and store User’s personal data that the integrated service makes available to the Website (including but not limited to name, email address(es), date of birth, gender, current city and profile picture URL), and to use and disclose it in accordance with this policy. Please review the terms of service, terms of use and privacy policies of each integrated service carefully before using their services and integrating with our services. Please check your privacy settings on each integrated device to understand what personal data has been integrated with our services.

    1.6 Depending on the nature of the dealings with User and/or the services provided, the Website may collect other types of personal data from third parties, including:

    • 1.6.1 personal data relating to any complaints you make or are made about you, including recording of any calls in that regard;
    • 1.6.2 personal data collected and held via financial or payment systems about the payment mechanism or method that you might use (including credit card details) and the payments you may make for our services or any services procured or booked using Platform;
    • 1.6.3 personal data collected by third-party marketing, survey and advertising service providers;
    • 1.6.4 personal data provided to any partners while accessing/using the Platform, including but not limited to employee information provided to companies;
    • 1.6.5 personal data which is accessible from the User’s use of online sites or applications in which the Website has an interest (such as messages for the purposes of issuing and receiving one-time passwords and other device verification) and device-related or device-generated personal data. The latter might include User device details, device IDs, your location, network connections, network access and communication and session data. Location data may also be collected or derived from IP addresses, mobile numbers and network information.

    2. Usage of Information

    2.1 Information collected by this Website will help informing the design and implementation of the Platform. The Website may also use information provided by the User to operate and improve the functionality of the website. Apart from this, information collected/provided will be used to take steps in order to enter into any contract or carry out any service obligations arising from any contract entered into between User(s) and us;

    • 2.1.1 Administering User account within the site;
    • 2.1.2 Verification of any financial transactions being carried out in relation to payments made through the site.

    2.2 Information collected whilst using the Platform Services: The Company will only use your personal data and the information so collected in a fair and reasonable manner, and where we have a lawful reason to do so. The use of your personal data depends on the purpose for which you interact with us and we may process your Personal Information (does not include Sensitive Medical Information) for the following purposes:

    • 2.2.1 Providing our services and products to you including to send you alerts, calendar alerts with respect to your session, relevant search results, recommended Experts and other social media communication facilities;
    • 2.2.2 Protecting our Users and providing you with customer support;
    • 2.2.3 To keep the Services safe and secure;
    • 2.2.4 We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. When showing you tailored content, we will not associate an identifier from cookies or similar technologies with sensitive categories, such as those based on race, religion, sexual orientation or health.
    • 2.2.5 For measuring or understanding the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you;
    • 2.2.6 To improve the Services of the Platform and its contents in order to ensure that the same is presented in the most effective manner for you and for your computer.
    • 2.2.7 Conducting market research and surveys with the aim of improving our services and getting feedback on experts as well as sending you information about our products and services for marketing purposes and promotions;
    • 2.2.8 Preventing, detecting, investigating and taking action against crimes (including but not limited to fraud and other financial crimes), any other illegal activities, suspected fraud, or violations of our Terms and Conditions of Use within any jurisdiction;
    • 2.2.9 To the extent required for identity verification, government sanctions screening and due diligence checks.
    • 2.2.10 To allow you to participate in interactive features of our service, when you choose to do so.
    • 2.2.11 Establishing, exercising or defending legal rights in connection with legal proceedings (including any prospective legal proceedings) and seeking professional or legal advice in relation to such legal proceedings.

    2.3 User Information received from other sources: Website will combine such information with information given by the User and information collected about the User for their legitimate interests (where considered that these are not overridden by any User(s) rights). Such information along with the combined information shall be used for the purposes as mentioned above.

    3. Promotional updates and communications

    3.1 Website will share promotional updates and communications with User where applicable. Where permitted and in accordance with the Company’s legitimate interest, the website will use the User’s personal information (does not include Sensitive Medical Information) for marketing analysis and to provide the User with promotional update(s), communications by email, telephone, text messages, in-application messages and/or push messages about new products and/or services.

    3.2 The Website may also share user personal information with third-party social media and other partner platforms in order to provide you with promotional update communications.

    3.3 The User can object to such marketing at any time by contacting our Grievance Officer at [email protected]

    4. Sharing of Information

    4.1 We may share your information with certain third parties as set forth below:

    • 4.1.1 Authorized third-party vendors and service providers. The information shared on this website may be shared with third-party vendors and service providers who support this website such as, by providing technical infrastructure services, business analytics services, and data processing services (who process User’s personal data on behalf of the website) in accordance with the applicable Data Protection Laws. This includes supporting the services offered through the site such as; data hosting services, providing fulfilment services, distributing and communication being sent, supporting or updating marketing lists, facilitating feedback on services and providing IT support services from time to time.
    • 4.1.2 Partners. The information may also be shared with the entities that make up the Service Providers (“Partners”).
    • 4.1.3 Experts. Some information relating to a user, which does not include Sensitive Medical Information may be shared with our Experts.
    • 4.1.4 Any member of the group, which mean and include subsidiaries, ultimate holding company and its subsidiaries, who support the processing of personal data under this policy.
    • 4.1.5 Legal and safety: Disclosure of information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, detect fraud, and to protect and defend the rights, interests, safety, and security of the website, it’s affiliates, owner, users, or the public at large is allowed. Apart from this, if the Company is bound under any additional duty to disclose or share User’s personal data in order to comply with legal obligations or under the compulsion of any law, such data/ information sharing will be allowed.
    • 4.1.6 Business transfers: Sharing of information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy, that the Company may have already entered into or will enter into through future agreements.
    • 4.1.7 With your consent: Sharing of information for any other purposes disclosed to you at the time we collect the information and pursuant to your consent, for the furtherance of any service being rendered on the website. For instance, if you request for services as a customer, then we will share only such personal information in order to facilitate and complete the services.
    • 4.1.8 Any access to third-party services, such as Facebook, Google and any other linked sites, accessed through the Platform are outside the control of the Company. These third-party services may be able to collect information about you, including information about your activity on the Website and any other information in accordance with their respective privacy policies. The Company will not be responsible for any such third-party collection of information;
    • 4.1.9 User Information may also be shared with carefully selected partners who may be specifically of interest to the User in order to fulfil their requirements. These companies may contact the User by post, email, telephone or fax for exploring job opportunities, marketing or other promotional purposes.

    5. Legal obligations for processing Information

    5.1 Website relies on a variety of legal grounds to process data, including:

    • 5.1.1 as necessary to fulfil site Terms;
    • 5.1.2 consistent with User consent, which the User can revoke at any time;
    • 5.1.3 as necessary to comply with legal obligations;
    • 5.1.4 to protect Users vital interests, or those of others;
    • 5.1.5 as necessary in the public interest; and
    • 5.1.6 as necessary for the Platforms (or others’) legitimate interests, including any interests in providing an innovative personalized, safe and profitable service to User and/or it’s partners, unless those interests are overridden by User interests or fundamental rights or freedoms that require protection of personal data.

    5.2 Consent to these terms may be withdrawn at any time. Such withdrawal of consent will not affect the lawfulness of any processing based on consent obtained before its withdrawal. However, once withdrawn, the company/website/platform may not be able to provide you with all or certain of its features and/or services.

    5.3 Under applicable laws, User has the:

    • 5.3.1 Right to access, rectify, port, and erase the information collected by the website, which you can exercise by contacting the Grievance Officer at [email protected]
    • 5.3.2 Right to restrict and object to certain processing of User information.
    • 5.3.3 Right to withdraw consent- where the processing of User’s personal information by the Website is based on consent;
    • 5.3.4 Right to object to and restrict certain processing of data which includes- the right to object to processing of their data for direct marketing purposes, which you can exercise by contacting the Grievance Officer at [email protected]
    • 5.3.5 Right to object to the processing of their data where the Company is performing a task in the public interest or pursuing their own legitimate interests or those of a third party, and
    • 5.3.6 Right to opt out at any time, not allowing any further access to an User’s personal information and apply to delete the personal information stored with Website.

    5.4 Users may delete their information at any time by contacting the Grievance Officer at, [email protected]

    Storage of Information

    6.1 Data Storage: User acknowledges and agrees that all information, content and data entered into the website and/or application will be securely stored by the Website at designated data centres using AWS (Amazon Web Services) in accordance with all applicable laws. We shall use physical and technical security measures to protect User Data, including, but not limited to, encrypted data connections to designated data centres, encrypted data storage, firewalls, and electronic surveillance of designated data centres.

    7. Security

    7.1 We maintain security standards and procedures designed to prevent unauthorized access to your data by anyone, including our staff. We use commercially reasonable means such as (but not limited to) data encryption, firewalls and server authentication to protect the security of your personal information. The Company and our staff and any third parties hired to provide support services will be required to observe our privacy standards and to allow us to audit them for compliance. However, no information security defences are impenetrable, and we cannot guarantee the security of our platform, applications, servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.

    8. Children's Privacy

    8.1 We do not knowingly collect personal information from children under the age of 18, and in the event that we learn that a child under the age of 18 has provided information on the Platform, we will delete that information as soon as possible.

    9. Payments

    9.1 Payment details provided by the User will be encrypted using secure sockets layer (SSL) technology before they are submitted to the Website over the internet. Payments made on the Website are made through Website payment gateway providers. User(s) will be providing credit or debit card information directly to the Website’s payment gateway providers, who operate secure servers to process payment details, encrypting User’s credit/debit card information and authorising payment(s). Information which you supply to the Website’s payment service providers is not within the Company’s control and is subject to the respective providers’ own privacy policy and terms and conditions.

    9.2 Security Disclosure: The security of a User’s Personal Information is important to us however, the User understands that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

    10. Data Retention

    • 10.1.1 as long as user has an account on the Website in order to meet contractual obligations to the User;
    • 10.1.2 As long as the personal information is needed to provide the services and operate the business;
    • 10.1.3 for a period of 3 (three) months after termination of services or closure of account by the User in order to identify any issues. If the Company is subject to or is required to resolve any legal proceedings, contractual or other similar obligations, then the information will be retained for such amount of time as required to meet such obligations. The information can be retained for other legal or regulatory requirements (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).

    10.2 We may also retain information beyond this time for research purposes and to help us develop and improve our services with prior permission and intimation.

    10.3 The website generally retains information until it is no longer necessary to serve the purposes for which it was collected. Following the obligations laid down under this policy shall be applied differently, on case-by-case basis, depending on components like the nature of the data, why it is/was collected and processed and relevant legal or operational retention needs.

    11. Data Transfers

    11.1 If a User’s Personal Information is subject to transfer outside India, we take the necessary steps to protect your such Information in accordance with the applicable data protection laws, for data transfers from one country to another.

    12. Changes to the policy

    12.1 Any changes made to this policy in the future will be posted on this page and, in relation to any substantive changes, the User shall be notified by e-mail. We encourage you to periodically review this policy for the latest information on our privacy practices.

    12.2 This policy was last updated on 8th April 2022.

    13. Contact Information

    13.1 The Company as the ‘data controller’ is responsible for your information.

    13.2 The Company has also appointed a Grievance Officer in order to deal with and resolve any complaints, disputes, grievances in relation to the processing of our personal information.

    The Grievance Officer can be reached on/contacted via - [email protected]

    Virtual Items Policy

    1. VIRTUAL ITEMS

    1.1 For the purposes of this policy, “Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables users to purchase, use and engage in the services offered on the Company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.

    1.2 While using the WAFA mobile application and its ancillary features/services, the Customers shall have the option of purchasing or buying “Virtual items” (these may be any form of the Company’s choosing; for example, the virtual items are currently in the form of coins or beans), which can be used and or redeemed on the platform to play games, gift items and make further in-app purchases.

    1.3 Money Laundering. The operations of the Company are and have been conducted at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the Applicable Law(s) of the relevant jurisdiction (as may be applicable) and the applicable anti-money laundering statutes of jurisdictions where the Company conduct’s its business, the rules and regulations thereunder and any related or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency (collectively, the “Anti-Money Laundering Laws”). The Users of the Company’s Services shall ensure their absolute compliance with the Anti-Money Laundering Laws.

    1.4 The Users of the WAFA mobile application (including Customers, Hosts and Agency’s) shall not, directly or indirectly, use the Company’s services (including but not limited to the Virtual Items as mentioned above);

    • 1.4.1 To fund or facilitate any activities or business of or with any Person or in any country or territory that, at the time of such funding or facilitation, is the subject of sanctions; or
    • 1.4.2 For financing or funding of Terrorism or such activities as against the United Nations protocols, laws, rules, etc. or in violation with the laws of any jurisdiction (as applicable).

    1.5 The Virtual items may be purchased by a User in the following ways;

    • 1.5.1 via the authorised payment gateway channel(s) that are part of/built in to the “Google Play Games” and/or Google play app store.
    • 1.5.2 via Third Party Partners of LVE Innovations Pvt. Ltd., a list and details of whom will be updated by the company on its website/mobile application from time to time.

    1.6 Unless otherwise specified, and subject to the Company’s refund policy, the Virtual items can be used only on the Company’s platform and have value only on the Company’s website/mobile application and other related services.

    • 1.6.1 At no point of time will a Customer be allowed to convert the Virtual Items into real world currency (such as INR, USD etc.)
    • 1.6.2 The virtual items hold no purchasing power and have no legal backing and/or value in the commercial and/or public markets/marketplaces.

    1.7 As the Company has a strict refund policy (refer terms and conditions policy), upon a successful transaction the Customer foregoes any and all rights over the fee/money paid in order to purchase the virtual items on the platform.

    2. USE OF VIRTUAL ITEMS.

    2.1 The virtual items can be used in order to purchase value-added services, items, tokens and other services/items offered by the Company on its platform. A few of its uses include, but are not limited to sending gifts, playing games, upgrading Customer’s profile etc.

    2.2 Customers: Customers of the application will be allowed to purchase Virtual Items in the form and manner prescribed by the Company using the Company’s authorised payment aggregators/payment providers.

    • 2.2.1 Virtual Items cannot be exchanged for cash, or legal tender or currency of any state, region, or any political entity, or any other form of credit. Customers can use the purchased Virtual items in order to play games, send direct gifts to preferred hosts, upgrade their profiles etc.
    • 2.2.2 Virtual Items can be used by Customers to (i) customise their profiles, (ii) send gifts to other users, (iii) send direct gifts to hosts, (iv) play games on the WAFA mobile application.
    • 2.2.3 To the extent and limits allowed by the Company, Virtual Items can be assigned or transferred to any other Customer or Host by a Customer or Host.
    • 2.2.4 The sale, barter, assignment, or other disposal of any Virtual Items, other than as provided for by the Company, is expressly prohibited. Any violation of this restriction may result in termination of your account on the Platform, forfeiture of the Virtual items from your account, and/or you may be subject to liability for damages, litigation and transaction costs.
    • 2.2.5 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
    • 2.2.6 You agree that we have the right to manage, regulate, control, modify and/or eliminate any Virtual Items being held by you, on having a valid reason to do so, including but not limited to; violation of the Company’s policies; being in breach of any applicable law or regulation; (iii) for legal, security or technical reasons

    2.3 Hosts: Hosts who operate on the Company platform can receive gifts (in the form of Virtual items) from the Company’s Customers. The Virtual items so received will be logged into the Host’s account on the Company platform.

    • 2.3.1 Hosts shall be allowed to redeem the Virtual Items so received in the form of a cash withdrawal(s). However, these withdrawals shall be subject to the Hosts Terms and Conditions Policy.
    • 2.3.2 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
    • 2.3.3 The conversion of virtual items into cash/legal tender is limited for the users of the WAFA mobile application, who are designated as Hosts and shall be as per the exchange rates, targets, withdrawal thresholds and other terms and conditions so specified by the Company.
    • 2.3.4 The Host’s usage of virtual items on the Company platform shall be limited in accordance with the company’s internal policies.

    2.4 Agency: Agencies who are operating on the Company’s platform will have access to Company tools for the purposes including, but not limited to, onboarding, contracting, tracking the performance of their Hosts.

    • 2.4.1 Depending on the performance of their Contracted Hosts (in accordance with the milestones set), the Agencies account (on the Company platform) will be credited with Virtual Items.
    • 2.4.2 Agencies shall be allowed to redeem the Virtual Items so received in the form of a cash withdrawal(s). However, these withdrawals shall be subject to the Agency Terms and Conditions Policy.
    • 2.4.3 Accrued Virtual items do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
    • 2.4.4 The conversion of virtual items into cash/legal tender is limited for the users of the WAFA mobile application, who are designated as Agency’s and shall be as per the exchange rates, targets, withdrawal thresholds and other terms and conditions so specified by the Company.
    • 2.4.5 The Agency’s usage of virtual items on the Company platform shall be limited in accordance with the company’s internal policies.

    2.5 Gifts: Users can acquire “Gifts” (which will be ‘Virtual Gifts’) (as available and updated on the Company website from time to time) by redeeming the Virtual items available in your account.

    2.6 Gifts constitute a limited license to certain features of digital products and services. The conversion/ redemption rate between each Coin and Gift will be displayed on our Platform.

    2.7 Gifts exchanged or received by any user do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.

    2.8 These Gifts can be sent to other users as well as Hosts on the Platform. The terms and conditions with respect to the value and exchange rates for purchasing gifts (as amended from time to time) shall be made available on the Company platform. The Company further reserves the right to amend or modify the same at its sole discretion.

    2.9 Gifts sent or received by Users cannot be exchanged for cash, or legal tender. However, Hosts will have the opportunity to redeem the gifts received by them in the form of cash as per the Hosts Terms and Conditions Policy.

    • 2.9.1 When a Customer sends a gift to a Host, the value of the gifts so received will be shown in the recipient’s account in the form of “Beans”. Hosts can then use these beans to; (i) convert them into Virtual items, (ii) Redeem them in the form of cash withdrawals in accordance with the Hosts Terms and Conditions Policy and/or (iii) Use/redeem them in order to directly purchase other gifts or rewards on the Company’s service interface

    2.10 The specific prices and other virtual item related information such as, exchange rates and usage policy will be determined by the Company at their sole discretion and information about the same will be provided on our service interface.

    2.11 Unless otherwise provided hereof, virtual items may not be used for any other purpose(s), including to conduct virtual item(s) transactions with third parties, or trading on third-party platforms other than those of the company and or its affiliates.

    2.12 If you violate the foregoing requirement, the Company will not be liable for any losses to you or the third party. Furthermore, on suspicion of your Account being is involved in such suspicious activity(s), we reserve the right to suspend the said account and the user will forego his/her rights over the virtual items, until relevant measures are taken in accordance with the terms and conditions of usage.

    2.13 Users agree not to recharge or funnel money into the Company system through illegal or unauthorized channels. If you violate the rules and transact via illegal means on our interface in order purchase virtual items, we do not take responsibility for the same and will not be able to guarantee that the transaction will be successful. Furthermore, the Company reserves the right suspend your account and report the same to authorities in case it suspects any illegal or unauthorised activity on your account.

    2.14 Under no circumstance, can a user or individual exchange the virtual items for legal denominations/depository notes and/or other forms of legal, backed currency.

    2.15 The Company will not take any responsibility, nor will it compensate a user for any losses caused for the violation of this Virtual Items Policy. Furthermore, the company reserves the right to terminate, restrict your account and pursue legal action against you, both civil and criminal in nature for violation of the terms and conditions of this Agreement.

    2.16 The Users shall bear the responsibility over their account(s), please check your account carefully before recharging/using the same on our platform. You shall bear all losses on account of incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.

    2.17 Unless otherwise regulated by law(s) or provided for under this Policy, all purchases of virtual items made through the service are final, non-refundable and non-transferrable under any circumstances. For avoidance of doubt, with respect to any services, products purchased by you, you are not allowed to a refund or transfer the virtual items to other services and/or products.

    2.18 The Company reserves the right to set out or modify the rules in connection with the virtual items and other transaction from time to time based on various factors including, but not limited to the transaction limits, number of transactions etc.

    2.19 We do not encourage or allow minors to use or buy virtual items. If you are a minor, you should ask your guardian(s) to operate or operate the website/service, on your behalf, with their express consent.

    2.20 The Users shall be responsible for losses arising from any issues in providing virtual items caused by the following reasons:

    • 2.20.1 Due to loss, ban or freeze of your account;
    • 2.20.2 You disclosing your password to others;
    • 2.20.3 Due to faults of payment channel institution;
    • 2.20.4 Losses caused by intentional or gross negligence or violation of laws and regulations by the users;
    • 2.20.5 Other reasons caused by yourself;

    2.21 You may receive some virtual gains of virtual items in the course of using our services/application. In accordance with the terms of the Company’s policies, you are only allowed to use the virtual items on the company’s platform (for Host policy in this regard, refer clause 1.7.2 above. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us.

    2.22 Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:

    • 2.22.1 If the recharge of the virtual currency is determined by the bank, payment channel, or court as invalid;
    • 2.22.2 The Chargeback or refund initiated by an end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;
    • 2.22.3 If the money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund;
    • 2.22.4 Other circumstances which cause the virtual currency to be returned or refunded.

    2.23 In the event of any violation of the Company’s policies, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.

    2.24 You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. Furthermore, we will not return the corresponding cash value and will not make any compensation(s), unless the same is to be made to a host however, the same will be subject to Company policies.

    3. SPECIFIC FEATURES AND ADDITIONAL SERVICES.

    3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (including but not limited to the “General Terms and Conditions” and “Host or Agency Terms and Conditions Policy”) as and when applicable, to specific services and features which may be posted from time to time on the platform.

    3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://www.wafa.app/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy.

    Agency Terms Of Services

    By accessing and being designated as a “Agency” on the WAFA mobile application, you acknowledge that you have read and understood these “Agency Terms and Conditions Policy” (“Agency Policy”).

    Please ensure that you read and understand all of these terms before you start using the website, as you will be bound by them.

    This Agency Policy will be between the users, who are designated as an “Agency” on the WAFA mobile application (referred to as "You" or "Your" or "Yourself”), AND LVE INNOVATIONS PVT LTD (“Company”), a company incorporated under The Companies Act, 2013 having its registered address at #179/2, GVR Ikon, 10th A Main Road, Double Road, Indiranagar 2nd Stage, Indiranagar Bangalore KA 560038 and shall be a legally binding agreement between You and the Company. You, AND LVE Innovations Pvt Ltd shall each be referred to individually as “Party” and collectively the “Parties”.

    For the purposes of this Policy and in relation to the services being provided by the Company a “Agency” shall mean entities or individuals so contracted and designated by the Company at its sole discretion, who provide the services of onboarding and contracting ‘Hosts’, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.

    If you do not agree with any of these terms, you must immediately cease accessing and using the website and the services being provided. Your acceptance of these customer terms will operate as a binding agreement between you and LVE Innovations Pvt Ltd with respect to your use of the website, app and/or other available services.

    BACKGROUND

    Company owns and operates the website https://www.wafa.app/ and the Application “WAFA”, connected to or mentioned herein. The Company, under this website/social application provides its users with the most simple and reliable way to connect with friends nearby or around the world. The Company’s services allow users to send free text, voice, video, photo messages, and stickers to their friends. It is intended to be a fun place to visit and it is important to the company that it remain a safe and friendly environment for all users and in this regard, you agree that you will only use agree to use the services in a manner consistent with its purpose and which is in accordance with the Terms.

    The Company also provides its users with an opportunity to host chatrooms and participate in content creation over its platform. These Hosts can interact with other users and play games with them. The Content created by the Hosts can be consumed by other users around the world. The Agencies assist the company in onboarding, contracting Hosts, who engage with users by creating content on the Company’s platform (WAFA).

    THE PARTIES AGREE AS FOLLOWS

    1. DEFINITIONS

    1.1 Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:

    • 1.1.1 "Account" means the account created by You on the Website and/or Application for accessing the Services.
    • 1.1.2 “Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
    • 1.1.3 "Applicable Laws" means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
    • 1.1.4 "Application" means such features of the “WAFA” mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
    • 1.1.5 "Area of Operation" means the area in which these Customer Terms are accepted by You, being the territory of India.
    • 1.1.6 "Brand Matter" means an event that, in Company’s reasonable judgement, causes it or its Affiliates to have concern for the reputation of its brand, including, but not limited to, matters related to the alleged violation of any Applicable Laws.
    • 1.1.7 "Business Day" means any day excluding Sunday or public holiday in the Area of Operation.
    • 1.1.8 "Collections" shall mean the number of virtual items collected by the hosts on the Company’s platform/website/application.
    • 1.1.9 “Confidential Information” shall mean contents of this Agreement and all Communications, and with regard to a particular Party, means any information whether in written, oral, visual, electronic or other form that:
      • (i) is disclosed and/or provided by a disclosing Party to such receiving Party and is clearly marked or indicated at the time of such disclosure or provision as confidential by the disclosing Party; provided that where there is no mark or indication of the confidential nature of such information at the time of disclosure, said information shall in any event be treated as confidential if notification in writing of such confidentiality is provided by the disclosing Party to such receiving Party within 14 (Fourteen) days following the date of such disclosure or provision;
      • (ii) is disclosed and/or provided by a disclosing Party to such receiving Party and (i) under normal social conventions should be treated in confidence, or (ii) concerns technical and/or trade secrets or other commercially sensitive information; or
      • (iii) relates to the provisions and subject matter of, and negotiations leading to, this Agreement;
    • 1.1.10 “Customer” means the general user, i.e., the end customer of the Company’s Services who is not designated as a Host or an Agency by the Company.
    • 1.1.11 “Customer Content” means images, sounds, videos, data, text, information or any other materials or content the Customer creates, uploads, publishes or propagates through the company’s services.
    • 1.1.12 "Customer Feedback" means information provided by a Customer in response to prompting by the Company App, including rating of Item(s) and comments or feedback related to the Customer’s experience with Merchant, the relevant Item(s) on the Company Website/ App, and the delivery services.
    • 1.1.13 “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
    • 1.1.14 "Dispute" means any dispute, action, claim, controversy or cause of action among the parties arising out of or in connection with the Agreement or any term condition or provision hereof, including without limitation any of the same relating to the existence, validity, interpretation, construction, performance, enforcement and termination of the Agreement.
    • 1.1.15 “Disclosing Party” shall mean the Company, LVE Innovations Private Limited.
    • 1.1.16 “Exchange Rates” means the virtual items to real currency conversion rates as updated on the Company’s website from time to time.
    • 1.1.17 “Host” shall mean individuals so contracted and designated by the Company at its sole discretion, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
    • 1.1.18 “Host Content” shall mean means the data, images, sounds, videos, data, text, information or any other materials or content the hosts create, uploads, publishes or propagates through the company’s services.
    • 1.1.19 “Intellectual Property" or “IP” shall include ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, sketches, formulae, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments;
    • 1.1.20 “Linked sites” means the links used in or through the services to other websites or services, provided solely as a convenience to the users.
    • 1.1.21 “Live streaming” means internet live audio and/or video streaming and other associated content(s) generated by hosts/talents on the Company platform, including but not limited to mobile application, Personal Computers/website and may include singing, dancing, voices, chats, personal images and other contents generated in a real-time manner.
    • 1.1.22 “Material Default” shall mean any event, occurrence, fact, condition, change, development or effect that, individually or in the aggregate, that has had or may reasonably be expected to have a material adverse effect on the ability of any of the Parties to carry out the scope of this Agreement contemplated herein or to perform its obligations hereunder;
    • 1.1.23 “Prohibited Content” means the images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
    • 1.1.24 “Privacy Policy” means the privacy policy available on the website, as amended by the Company from time to time.
    • 1.1.25 “Receiving Party” shall mean the Agency as per the provisions of this Policy.
    • 1.1.26 “Services” means the technology services the Company or its affiliates provide such as “WAFA” or other applications/services operated by LVE Innovations Pvt. Ltd. and its affiliates.
    • 1.1.27 "Supplemental Terms" means the Definitions, the General Supplemental Terms, the Specific Supplemental Terms and any other terms applicable to the use of the Company Services, Company Tools, and/or the Company mobile Application and shared with the Merchant.
    • 1.1.28 “Target” means the objectives, milestones applicable to the hosts and set by the Company, at its sole discretion, in order to enable exchange of Virtual Items to Cash/Legal Tender.
    • 1.1.29 “Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables the user to purchase, use and engage in services offered on the company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.

    2. REGISTRATION AND USAGE

    2.1 Authorized Agency’s. Your access to and use of the company’s Services are subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.

    2.2 Person(s) under the age of 18 cannot be designated as Agency’s. If you are under 18 years of age, then please do not use these Services as an Agency.

    2.3 Only use an authorized telephonic or internet network to access and use the Website/Mobile application. When using the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same are Your responsibility.

    2.4 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by Company.

    2.5 You must also notify the Company immediately if You cannot access Your Account, you know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.

    2.6 The Company and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:

    • 2.6.1 The Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
    • 2.6.2 The security of Your Account has been compromised in any way; or
    • 2.6.3 You have not complied with any of the requirements in this clause.

    2.7 The Company and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website, Application, the Streaming Services and/or the Services at any time (including without notice):

    • 2.7.1 To make improvements to the Website, the Booking Services and/or the Services (including the security of the Website, the Booking Services and/or the Services);
    • 2.7.2 as required by Applicable Law; or
    • 2.7.3 To protect a legitimate business interest.

    3. SPECIFIC FEATURES AND ADDITIONAL SERVICES.

    3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (including but not limited to the “General Terms and Conditions” and “Virtual Items Policy”) as and when applicable, to specific services and features which may be posted from time to time on the platform.

    3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://www.wafa.app/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy.

    4. LIMITED LICENSE.

    4.1 Subject to the terms and conditions herein, LVE Innovation Private Limited hereby grants you a limited, revocable, non-transferable, non-exclusive and non-transferable license to use its website/application and other related services (including all the updates and/or upgrades as and when provided) as an Agency, in order to onboard, contract, receive payments and keep track of their Host’s performance via the Company’s service interface.

    4.2 The said license is solely for private and non-commercial use/purposes and is subject to the Agency adhering to these Terms and Conditions, Privacy Policy and any and all additional guidelines as and when updated by the Company.

    4. INTELLECTUAL PROPERTY RIGHTS

    5.1 The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Terms grants the Agency any rights in or related to the IP, and all rights not expressly granted to the Agency are reserved by the Company.

    5.2 The website/application and other related services are owned and operated by the company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services (hereinafter referred to as “Company Materials”) that are provided by the company are protected under the relevant Copyright, Trademark, Patent laws/statutes, international conventions, and all other relevant intellectual property rules and regulations.

    5.3 All company materials contained on the website/application are the copyrighted property of LVE Innovations Private Limited or affiliated companies and/or third-party licensors.

    5.4 The Company materials does not include any User/Customer Content or content from third party sites regardless of the fact that the company’s website/application provides a link to access such content.

    5.5 The Agency must not:

    • 5.5.1 Copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
    • 5.5.2 Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the website and/or Application;
    • 5.5.3 Use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
    • 5.5.4 Distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
    • 5.5.5 Merge or combine any IP with any other technology not provided by the Company or any; or remove any proprietary notice language on any copies of any IP.
    • 5.5.6 upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
    • 5.5.7 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • 5.5.8 deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
    • 5.5.9 harvest or otherwise collect information about others, including e-mail ad-dresses, without their consent.

    6. AGENCY OBLIGATIONS

    6.1 Restrictions; As a pre-condition to your use of the Service; you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions herein.

    6.2 Access to the Company Materials and connected services from territories wherein the same is illegal is strictly prohibited.

    6.3 Agencies are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules with respect to intellectual property rights, the internet, technology, data, email, and/or privacy.

    6.4 Agencies shall strictly comply with all Money Laundering and Gambling Laws that are in force within the territory of India and other applicable jurisdictions. The Agency shall further not engage in, aid or abet any such illicit or illegal activity through the Company’s platform.

    6.5 Anti-Money Laundering: The Agency understands and acknowledges that the Company and its affiliates are, or may in the future become, subject to money laundering statutes, laws and regulations applicable within the territory of India or other international jurisdictions, and the Agency agrees to execute instruments, provide information, and/or perform any other acts as may reasonably be requested by the Company for the purpose of carrying out due diligence as may be required by Applicable Law(s). The Agency further agrees to provide LVE Innovations and its affiliates with such information as they may reasonably require to comply with applicable anti-money laundering laws or regulations. The Agency understand, acknowledge and agrees that to the extent permitted by Applicable Law, the Company may provide information, including confidential information, to the law enforcement agencies, or any other agency or instrumentality of the Indian Government, or as otherwise required by Applicable Law, in connection with a request for information made on behalf of law enforcement agencies investigating any terrorist activity or money laundering activities.

    6.6 Use of any of the Company Materials for any other purpose apart from what is permitted herein is prohibited.

    6.7 You will not use the company service in any manner that, in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.

    6.8 You will not take any action that imposes an unreasonable or disproportionately large load on the company’s infrastructure.

    6.9 You will not intentionally interfere with or damage the operation of the company’s services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.

    6.10 You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the company’s services, features that prevent or restrict the use or copying of any content accessible, or features that enforce limitations on the use of the company’s services.

    6.11 You will not attempt to gain unauthorized access to the company’s services, or any part of it, other accounts, computer systems or networks connected to it or any part of it, through hacking, password mining or any other means or try to interfere or attempt to interfere with the proper working of the company’s service and/or the activities conducted on the company’s services.

    6.12 You will not obtain or attempt to obtain any materials or information through any means not intentionally made available by the company. You agree neither to modify in any manner or form, nor to use modified versions of the company’s services, including (without limitation) for the purpose of obtaining unauthorized access to the same.

    6.13 You will not utilize framing techniques to enclose any trademark, logo, or other company materials without our express written consent.

    6.14 You will not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks without our express written consent.

    6.15 You will not deep-link to the company’s services and will remove any links that the company finds objectionable in its sole discretion. You will not use our logos, graphics, or trademarks as part of the link without our express written consent.

    6.16 You will not send junk mail to other users of the service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

    6.17 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

    7. SERVICES & PAYMENTS

    7.1 The Company and/or its Affiliates will make the Website/Applicable Company Services available to the Agency’s for the purposes including, but not limited to, onboarding, contracting, tracking the performance of their Hosts and other support. The Company Services are solely for use by Agency, subject to the terms of this Agreement.

    7.2 These Agency’s shall be so designated by the Company as per its standards and qualification requirements and as applicable as per the company’s policy.

    7.3 As a feature of the Company’s platform, Hosts will be able to collect and accumulate Virtual Items in their accounts (“Collections”) (these virtual items can either be bought by the hosts themselves and/or can be gifted to the hosts by third-party/Customers/users of the Company’s services).

    7.4 Based on the Collections made by a Host (upon achieving the milestones), their respective Agency’s will receive payments in accordance with the applicable rates and prescribed policy of the Company; (as prescribed and updated by the Company from time to time).

    7.5 In exceptional circumstances only (as determined by Company in its sole discretion, acting reasonably), the Company reserves the right to temporarily or permanently cancel or suspend a payment to the Agency. The foregoing exceptional circumstances shall include, but not be limited to, any legal or regulatory risk or potential breach of applicable Laws associated with the transfer of such payment to Merchant, the breach of this and/or any other supplement agreement(s) entered into between the parties.

    7.6 The Company may, from time to time, request information from the Agency to confirm it’s identity as may be necessary under any applicable compliance obligations before transferring any payments and may refuse to process payments owed if there exists a legal or regulatory risk or potential breach of law or regulation associated with such transfer to the Agency.

    7.7 Company Tools. The Company may make available certain Company Tools to the Agency, and Agency may access and use those Company Tools solely in connection with Agency’s use of the Company Services. The Company Tools, including all intellectual property rights therein, are and shall remain the property of Company, its Affiliates or their respective licensors. Neither this Agreement nor the Agency’s use of the Company Tools or Company Data conveys or grants to the Agency any rights in or related to the Company Tools or Company Data, except for the limited licence granted above.

    7.8 Company Website/App. The Agency acknowledges and agrees that in the course of its engagement with the company, they may gain access to certain proprietary information and/or gain back-end access to the company’s platform/website/mobile application. As between the Agency and the Company, the Company will retain sole and absolute control over the Company Website/App (and all elements of the user experience and user interface relating to the Company Website/App), including, without limitation, with respect to:

    • 7.9 the personalisation of the Company Website/App for Customers, and;
    • 7.10 adding, removing or otherwise modifying any feature or functionality made available through the Company Website/App to optimize reliability or efficiency on the Company Website/App.
  • 7.11 No Service Guarantee. The Company and its Affiliates do not guarantee the availability or uptime of the Company Tools or Company Website/App. The Agency acknowledges and agrees that the Company Tools and Company Website/App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Company Tools and Company Website/App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Company and its Affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
  • 7.12 Furthermore, a few of the features of the Company’s Services may not be available to the Agency pursuant to gambling, money laundering and other applicable statutes, laws, rules and regulations. The Agency shall not engage in any illegal activity nor shall they use the Company services to aid or abet any such activity.

    7.13 Disclaimer of Warranties. This clause applies only to the maximum extent permitted by applicable Law, and does not (and is not intended to) override any rights that the Agency has pursuant to applicable Laws. The Company and its Affiliates provide, and Agency accepts, the Company Tools and Company Website/App on an "as is" and "as available" basis. The Company and its Affiliates do not represent, warrant or guarantee that its access to or use of the Company Tools or Company Website/App: (i) will be uninterrupted or error free; and/or (ii) will result in any monetary benefits for the Agency. The Company and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Agency, its contacted Hosts and/or other users of the WAFA application, who may purchase or send Virtual Items to the Hosts. The Company and its Affiliates expressly disclaim all liability for any act or omission of the Agency, its contracted Hosts, any Customer, user or other third party.

    7.14 Suspension of Company Services. The Company, at its sole discretion, reserves the right to temporarily or permanently suspend, in whole or in part, the Agency’s access to the Company Services and Company Tools if:

    • 7.14.1 The Agency fails to provide Required Documentation in a timely manner;
    • 7.14.2 The Agency or their account is in arrears or is engaged in suspicious activity;
    • 7.14.3 The Agency is, to the Company reasonable belief, in breach of this Agreement.

    8. MARKETING AND PROMOTIONAL ACTIVITIES

    8.1 Marketing. The Company may showcase the availability of the Hosts, contracted by the Agency’s on the Company Website/App through various promotional activities including, without limitation, social media channels, websites, advertisements, blogs or other media available now or hereinafter created. The Company (or a party designated by Company acting on Company’s behalf) may create video, still images and/or other materials for marketing and other efforts related to the Company Website/App ("Company Marketing Materials"). The Agency’s agree that the Company Marketing Materials (including, without limitation, all intellectual property rights therein) are and will remain the sole and exclusive property of Company.

    8.2 No Additional Amounts. The Agency acknowledges and agrees that, through advertising and marketing, Company may seek to attract new Agency’s, Hosts and Users in order to increase existing user base of the Company’s Services and Company’s Website/App. The Agency acknowledge and agree that such advertising or marketing does not entitle the Agency to any additional monetary amounts beyond the scope of this Agreement.

    9. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION

    9.1 In consideration of the disclosure of Confidential Information by the Disclosing Party to the Receiving Party solely for the Purpose, the Receiving Party undertakes whether by itself, its successors and heirs, not to disclose Confidential Information to any third party, unless in accordance with Clause.

    9.2 In addition to the undertaking above, the Receiving Party shall be liable for:

    • 9.2.1 Any loss, theft or other inadvertent disclosure of Confidential Information, and
    • 9.2.2 Any unauthorized disclosure of Confidential Information by persons or entities to whom the Receiving Party under this Agreement has the right to disclose Confidential Information, except where, the Receiving Party has used the same degree of care in safeguarding such Confidential Information as it uses for its own Confidential Information of like importance and in no event less than a reasonable degree of care; and upon becoming aware of such inadvertent or unauthorized disclosure the Receiving Party has promptly notified the Disclosing Party thereof and taken all reasonable measures to mitigate the effects of such disclosure and to prevent further disclosure.

    9.3 The Receiving Party understands and agrees that:

    • 9.3.1 Any Confidential Information known only to the necessary personnel to whom it might be of commercial interest and not generally known to the public is not public knowledge;
    • 9.3.2 A combination of two or more parts of the Confidential Information is not public knowledge merely because each part is separately available to the public.
    • 9.3.3 The technical, commercial and strategic value of the Confidential Information to the Disclosing Party and understands that unauthorized disclosure of such Confidential Information will be injurious to the Disclosing Party.

    9.4 The Receiving Party undertakes to notify the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by the Receiving Party and will cooperate with the Disclosing Party by assisting the Disclosing Party to regain possession of the Confidential Information and prevent its further unauthorized use.

    10. INDEMNIFICATION

    The Agency will indemnify, defend and hold harmless the Company from and against any and all claims, damages, liabilities, causes of action, and losses (including reasonable attorney’s fees) (collectively, "Losses") with respect to any third party claim arising out of or related to: (A) the negligence or wilful misconduct of Agency in their performance of this Agreement; (B) any claims that, if true, would be a breach of any of the Agency’s representations, warranties or covenants in this Agreement; (C) The Agency’s violation or alleged violation of any law or other safety code, rule or regulation; (D) The Agency copying, storing, retaining, removing from the Company Tools or otherwise processing the Personal Data, except as permitted under this Agreement; (E) any third party claim for actual or alleged infringement of a third party’s intellectual property or other proprietary rights arising out of or in connection with the Agency’s use of the company services, whether or not such claim arises during the Term of the Agreement.

    11. LIMITATION OF LIABILITY

    11.1 Under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the extent permitted by law.

    11.2 In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount already spent by a particular user on the platform.

    11.3 These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the company and received by you through or advertised on the company service or received by you through any links provided on the company service.

    12. GOVERNING LAW AND DISPUTE RESOLUTION

    12.1 This Agreement shall be governed by the law of the Republic of India.

    12.2 In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.

    12.3 These Terms will be governed by and construed in accordance with the laws of the State of Karnataka and you submit to the exclusive jurisdiction of the courts located in Bengaluru for the resolution of any disputes.

    13. MISCELLANEOUS

    13.1 Waiver. The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option.

    13.2 Modification. The Company reserves the right to modify/change this Agreement as well as any information referenced at hyperlinks from this Agreement from time to time, at their sole discretion. Unless stated otherwise, any change takes effect immediately. The Agency will be responsible for ensuring that they are familiar with the latest Terms. By continuing to access and use the Website, they agree to be bound by the changed Terms.

    13.3 Severability. If any provision of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remainder of the Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of the Agreement.

    13.4 Force Majeure Event. Any delay in or failure by either party in the performance of this Agreement shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event. The affected party will promptly notify the other party upon becoming aware that any Force Majeure has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations under the Agreement.

    13.5 Assignment. The Agency may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Company. Company may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement without consent or notification. Company shall be expressly discharged from all obligations and responsibilities arising after the assignment or transfer. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and assigns.

    13.6 Relationship between the Parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment or worker relationship (including from a labour law, tax law or social security law perspective), between the Company (and/or its Affiliates) and the Agency; and (b) except as specified in this Agreement, no joint venture, partnership, or agency relationship exists between the Company (and/or Company’s Affiliates) and the Agency. No party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate writing, executed by an authorized representative of the other party. Each party shall be solely responsible for its employees and contractors used in connection with this Agreement. The relationship between the parties under this Agreement is solely that of independent contractors.

    13.7 Notice. Any notice will be sent to the address of the relevant party as provided to the Company and deemed duly given: (a) upon actual delivery, if delivery is by hand; or (b) three (3) days after being sent by overnight courier, charges prepaid; or (c) by electronic mail to the designated recipient.

    Host Terms Of Services

    By accessing and being designated as a “Host” on the WAFA mobile application, you acknowledge that you have read and understood these “Host Terms and Conditions Policy” (“Host Policy”).

    Please ensure that you read and understand all of these terms before you start using the website, as you will be bound by them.

    This Host Policy will be between the users, who are designated as “Hosts” on the WAFA mobile application (referred to as "You" or "Your" or "Yourself”), AND LVE INNOVATIONS PVT LTD (“Company”), a company incorporated under The Companies Act, 2013 having its registered address at #179/2, GVR Ikon, 10th A Main Road, Double Road, Indiranagar 2nd Stage, Indiranagar Bangalore KA 560038 and shall be a legally binding agreement between You and the Company. You, AND LVE Innovations Pvt Ltd shall each be referred to individually as “Party” and collectively the “Parties”.

    For the purposes of this Policy and in relation to the services being provided by the Company a “Host” shall mean individuals so contracted and designated by the Company at its sole discretion, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.

    If you do not agree with any of these terms, you must immediately cease accessing and using the website and the services being provided. Your acceptance of these customer terms will operate as a binding agreement between you and LVE Innovations Pvt Ltd with respect to your use of the website, app and/or other available services.

    BACKGROUND

    Company owns and operates the website https://www.wafa.app/ and the Application “WAFA”, connected to or mentioned herein. The Company, under this website/social application provides its users with the most simple and reliable way to connect with friends nearby or around the world. The Company’s services allow users to send free text, voice, video, photo messages, and stickers to their friends. It is intended to be a fun place to visit and it is important to the company that it remain a safe and friendly environment for all users and in this regard, you agree that you will only use agree to use the services in a manner consistent with its purpose and which is in accordance with the Terms.

    The Company also provides its users with an opportunity to host chatrooms and participate in content creation over its platform. These Hosts can interact with other users and play games with them. The Company’s Services further allows Hosts to create and publish live audio content which can be consumed by other users and engage in audio-based conversations with friends and other people around the world.

    THE PARTIES AGREE AS FOLLOWS

    1. DEFINITIONS

    1.1 Unless the context requires otherwise, capitalized terms in these Customer Terms have the following meaning:

    • 1.1.1 "Account" means the account created by You on the Website and/or Application for accessing the Services.
    • 1.1.2 “Affiliate” means, in relation to any entity, another company or entity that either directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with that entity. For purposes of this definition, “Control” means, with regard to any company or entity, (i) the legal or beneficial ownership, directly or indirectly, of 50% or more of the shares (or other ownership interests if not a corporation) of the entity or company through voting rights or through the exercise of rights pursuant to agreement; or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the entity or company.
    • 1.1.3 “Agency” shall mean entities or individuals so contracted and designated by the Company at its sole discretion, who provide the services of onboarding and contracting ‘Hosts’, who provide live audio streaming and other content related services on the Company’s platform to the Customers of the Company.
    • 1.1.4 "Applicable Laws" means (in any relevant jurisdiction) all laws, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, statutory rules of an industry body, statutory and mandatory codes or guidelines or the like, writs, orders, injunctions, judgments applicable from time to time.
    • 1.1.5 "Application" means such features of the “WAFA” mobile application or other programs, software, mobile applications owned (or licensed to) by the Company, and other URLs as may be specified by the Company from time to time. The Application includes the electronic interface where the Subscriber account is accessible, the login credentials (user ID and password) for which will be provided by Company to the Subscriber.
    • 1.1.6 "Area of Operation" means the area in which these Customer Terms are accepted by You, being the territory of India.
    • 1.1.7 "Brand Matter" means an event that, in Company’s reasonable judgement, causes it or its Affiliates to have concern for the reputation of its brand, including, but not limited to, matters related to the alleged violation of any Applicable Laws
    • 1.1.8 "Business Day" means any day excluding Sunday or public holiday in the Area of Operation.
    • 1.1.9 "Collections" shall mean the number of virtual items collected by the hosts on the Company’s platform/website/application.
    • 1.1.10 “Confidential Information” shall mean contents of this Agreement and all Communications, and with regard to a particular Party, means any information whether in written, oral, visual, electronic or other form that:
      • (i) is disclosed and/or provided by a disclosing Party to such receiving Party and is clearly marked or indicated at the time of such disclosure or provision as confidential by the disclosing Party; provided that where there is no mark or indication of the confidential nature of such information at the time of disclosure, said information shall in any event be treated as confidential if notification in writing of such confidentiality is provided by the disclosing Party to such receiving Party within 14 (Fourteen) days following the date of such disclosure or provision;
      • (ii) is disclosed and/or provided by a disclosing Party to such receiving Party and (i) under normal social conventions should be treated in confidence, or (ii) concerns technical and/or trade secrets or other commercially sensitive information; or
      • (iii) relates to the provisions and subject matter of, and negotiations leading to, this Agreement;
    • 1.1.11 “Customer” means the general user, i.e. the end customer of the Company’s Services who is not designated as a Host or an Agency by the Company.
    • 1.1.12 “Customer Content” means images, sounds, videos, data, text, information or any other materials or content the Customer creates, uploads, publishes or propagates through the company’s services
    • 1.1.13 "Customer Feedback" means information provided by a Customer in response to prompting by the Company App, including rating of Item(s) and comments or feedback related to the Customer’s experience with Merchant, the relevant Item(s) on the Company Website/ App, and the delivery services.
    • 1.1.14 “Company” has the meaning given in the “Parties” section on the front page of these Customer Terms.
    • 1.1.15 "Dispute" means any dispute, action, claim, controversy or cause of action among the parties arising out of or in connection with the Agreement or any term condition or provision hereof, including without limitation any of the same relating to the existence, validity, interpretation, construction, performance, enforcement and termination of the Agreement.
    • 1.1.16 “Disclosing Party” shall mean the Company, LVE Innovations Private Limited.
    • 1.1.17 “Exchange Rates” means the virtual items to real currency conversion rates as updated on the Company’s website from time to time.
    • 1.1.18 “Host Content” shall mean means the data, images, sounds, videos, data, text, information or any other materials or content the hosts create, uploads, publishes or propagates through the company’s services.
    • 1.1.19 “Intellectual Property" or “IP” shall include ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets, trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, sketches, formulae, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments;
    • 1.1.20 “Linked sites” means the links used in or through the services to other websites or services, provided solely as a convenience to the users.
    • 1.1.21 “Live streaming” means internet live audio and/or video streaming and other associated content(s) generated by hosts/talents on the Company platform, including but not limited to mobile application, Personal Computers/website and may include singing, dancing, voices, chats, personal images and other contents generated in a real-time manner.
    • 1.1.22 “Material Default” shall mean any event, occurrence, fact, condition, change, development or effect that, individually or in the aggregate, that has had or may reasonably be expected to have a material adverse effect on the ability of any of the Parties to carry out the scope of this Agreement contemplated herein or to perform its obligations hereunder;
    • 1.1.23 “Prohibited Content” means the images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
    • 1.1.24 “Privacy Policy” means the privacy policy available on the website, as amended by the Company from time to time.
    • 1.1.25 “Receiving Party” shall mean the Hosts as per the provisions of this Policy.
    • 1.1.26 “Services” means the technology services the Company or its affiliates provide such as “WAFA” or other applications/services operated by LVE Innovations Pvt. Ltd. and its affiliates.
    • 1.1.27 "Supplemental Terms" means the Definitions, the General Supplemental Terms, the Specific Supplemental Terms and any other terms applicable to the use of the Company Services, Company Tools, and/or the Company mobile Application and shared with the Merchant.
    • 1.1.28 “Target” means the objectives, milestones applicable to the hosts and set by the Company, at its sole discretion, in order to enable exchange of Virtual Items to Cash/Legal Tender.
    • 1.1.29 “Virtual Items” means any other form virtual currency (as updated by the Company on its website/application from time to time) which enables the user to purchase, use and engage in services offered on the company’s app/website. These virtual items can be bought used, redeemed and/or purchased through the website/application or through the companies affiliate third party service providers.

    2. REGISTRATION AND USAGE

    2.1 Authorized Hosts. Your access to and use of the company’s Services are subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.

  • 2.2 Person(s) under the age of 18 cannot be designated as Hosts. If you are under 18 years of age, then please do not use these Services as a Host.
  • 2.3 Only use an authorized telephonic or internet network to access and use the Website/Mobile application. When using the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your Device provider and the same are Your responsibility.
  • 2.4 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by Company.
  • 2.5 You must also notify the Company immediately if You cannot access Your Account, you know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
  • 2.6 The Company and/or any of its Third-Party Service Providers may suspend access and Service subscriptions entered into if:
    • 2.6.1 The Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
    • 2.6.2 The security of Your Account has been compromised in any way; or
    • 2.6.3 You have not complied with any of the requirements in this clause.
  • 2.7 The Company and/or any of its Third-Party Service Providers may block, suspend, alter or update the Website, Application, the Streaming Services and/or the Services at any time (including without notice):
    • 2.7.1 To make improvements to the Website, the Booking Services and/or the Services (including the security of the Website, the Booking Services and/or the Services);
    • 2.7.2 as required by Applicable Law; or
    • 2.7.3 To protect a legitimate business interest.
    3. SPECIFIC FEATURES AND ADDITIONAL SERVICES.
  • 3.1 When using the company’s services, you may be subject to additional guidelines and/or terms and conditions (including but not limited to the “General Terms and Conditions” and “Virtual Items Policy”) as and when applicable, to specific services and features which may be posted from time to time on the platform.
  • 3.2 All such Guidelines are hereby incorporated by reference into these Terms and Conditions of use. In addition, your use is further governed by the Company’s Privacy Policy available at https://www.wafa.app/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated by reference into these Terms and Conditions and you consent to the collection, use and disclosure of any personal information in accordance with the Privacy Policy.
  • 4. LIMITED LICENSE.
  • 4.1 Subject to the terms and conditions herein, LVE Innovation Private Limited hereby grants you a limited, revocable, non-transferable, non-exclusive and non-transferable license to use its website/application and other related services (including all the updates and/or upgrades as and when provided) as a Host, in order to create and publish content as well as interact with other users/Customers.
  • 4.2 The said license is solely for private and non-commercial use/purposes and is subject to the Host adhering to these Terms and Conditions, Privacy Policy and any and all additional guidelines as and when updated by the Company.
  • 5. INTELLECTUAL PROPERTY RIGHTS
  • 5.1 The Website and all associated intellectual property rights (“IP”) remain the property of the Company or its third-party licensors. Except as expressly stated, nothing in these Terms grants the Host any rights in or related to the IP, and all rights not expressly granted to the Hosts are reserved by the Company.
  • 5.2 The website/application and other related services are owned and operated by the company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Services (hereinafter referred to as “Company Materials”) that are provided by the company are protected under the relevant Copyright, Trademark, Patent laws/statutes, international conventions, and all other relevant intellectual property rules and regulations.
  • 5.3 All company materials contained on the website/application are the copyrighted property of LVE Innovations Private Limited or affiliated companies and/or third-party licensors.
  • 5.4 The Company materials does not include any User/Customer Content or content from third party sites regardless of the fact that the company’s website/application provides a link to access such content.
  • 5.5 The Host must not:
    • 5.5.1 Copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any IP;
    • 5.5.2 Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided on the website and/or Application;
    • 5.5.3 Use any IP in a way that infringes or misappropriates a third party’s intellectual property rights or moral rights;
    • 5.5.4 Distribute, disclose or allow use of any IP by any third party in any format, through any timesharing service, service bureau, network or by any other means;
    • 5.5.5 Merge or combine any IP with any other technology not provided by the Company or any; or remove any proprietary notice language on any copies of any IP.
  • 5.6 The Host is solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other material(s) or information posted or transmitted through the Website and/or Application or Device (“Host Content”).
  • 5.7 The Host must ensure that their Content is not unlawful and does not infringe any third party’s rights (including intellectual property rights), and the Hosts must not:
    • 5.7.1 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful material or in-formation, or any material relating to or encouraging money laundering or gambling;
    • 5.7.2 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents;
    • 5.7.3 upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
    • 5.7.4 download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner;
    • 5.7.5 falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • 5.7.6 deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
    • 5.7.7 harvest or otherwise collect information about others, including e-mail ad-dresses, without their consent.
    6. HOST CONTENT
  • 6.1 Prohibited Content. You shall not use the company’s services to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines the social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.
  • 6.2 The Company reserves the right to display advertisements/promotional material(s) and sponsorships in connection with your Content.
  • (Note: You are not entitled to any payment or other compensation for Company’s use of Your Content)
  • 6.3 The company has the right to remove, at its sole discretion and without notice to you, Your Content, if it infringes others’ rights and interests. The company further has the right to suspend or terminate a Host’s access to the services if the same is in violation of copyright law or other intellectual property law.
  • 6.4 All liabilities and damage with respect to any and all claim(s) raised by the said third party(s) with respect to the Host’s content shall be assumed by the Hosts and they shall compensate the Company for all losses and damages it incurs therefrom, including but not limited to economic losses and business losses.
  • 6.5 Subject to the Company handling your personal information in accordance with the existing Privacy Policy, none of your Content will not be considered confidential or proprietary.
  • 7. HOST OBLIGATIONS.
  • 7.1 Restrictions; As a pre-condition to your use of the Service; you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions herein.
  • 7.2 Access to the Company Materials and connected services from territories wherein the same is illegal is strictly prohibited.
  • 7.3 Hosts are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules with respect to intellectual property rights, the internet, technology, data, email, and/or privacy.
  • 7.4 Hosts shall strictly comply with all Money Laundering and Gambling Laws that are in force within the territory of India and other applicable jurisdictions. The Hosts shall further not engage in, aid or abet any such illicit or illegal activity through the Company’s platform.
  • 7.5 Anti-Money Laundering: The Host understands and acknowledges that the Company and its affiliates are, or may in the future become, subject to money laundering statutes, laws and regulations applicable within the territory of India or other international jurisdictions, and the Hosts agrees to execute instruments, provide information, and/or perform any other acts as may reasonably be requested by the Company for the purpose of carrying out due diligence as may be required by Applicable Law(s). The Hosts further agrees to provide LVE Innovations and its affiliates with such information as they may reasonably require to comply with applicable anti-money laundering laws or regulations. The Hosts understand, acknowledge and agrees that to the extent permitted by Applicable Law, the Company may provide information, including confidential information, to the law enforcement agencies, or any other agency or instrumentality of the Indian Government, or as otherwise required by Applicable Law, in connection with a request for information made on behalf of law enforcement agencies investigating any terrorist activity or money laundering activities.
  • 7.6 Use of any of the Company Materials for any other purpose apart from what is permitted herein is prohibited.
  • 7.7 You will not use the company service in any manner that, in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.
  • 7.8 You will not take any action that imposes an unreasonable or disproportionately large load on the company’s infrastructure.
  • 7.9 You will not intentionally interfere with or damage the operation of the company’s services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
  • 7.10 You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the company’s services, features that prevent or restrict the use or copying of any content accessible, or features that enforce limitations on the use of the company’s services.
  • 7.11 You will not attempt to gain unauthorized access to the company’s services, or any part of it, other accounts, computer systems or networks connected to it or any part of it, through hacking, password mining or any other means or try to interfere or attempt to interfere with the proper working of the company’s service and/or the activities conducted on the company’s services.
  • 7.12 You will not obtain or attempt to obtain any materials or information through any means not intentionally made available by the company. You agree neither to modify in any manner or form, nor to use modified versions of the company’s services, including (without limitation) for the purpose of obtaining unauthorized access to the same.
  • 7.13 You will not utilize framing techniques to enclose any trademark, logo, or other company materials without our express written consent.
  • 7.14 You will not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks without our express written consent.
  • 7.15 You will not deep-link to the company’s services and will remove any links that the company finds objectionable in its sole discretion. You will not use our logos, graphics, or trademarks as part of the link without our express written consent.
  • 7.16 You will not send junk mail to other users of the service, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
  • 7.17 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
  • 8. SERVICES & PAYMENTS
  • 8.1 The Company and/or its Affiliates will make the Website/Applicable Company Services available to the Hosts for the purposes including, but not limited to, live streaming, marketing and other support. The Company Services are solely for use by Host, subject to the terms of this Agreement.
  • 8.2 These Hosts shall be so designated by the Company as per its standards and qualification requirements and as applicable as per the company’s policy.
  • 8.3 The Hosts shall provide the company with content in the form of Live Audio streaming as described in Clause 1.1.20.
  • 8.4 Hosts can collect and accumulate Virtual Items in their accounts (“Collections”) (these virtual items can either be bought by the hosts themselves and/or can be gifted to the hosts by third-party/Customers of the Company’s).
  • 8.5 The Collections of a Host can;
    • 8.5.1 be redeemed in the form of Cash Withdrawals/Payments from the Company, upon hitting the specific targets/milestones (as prescribed and updated by the Company from time to time).
    • 8.5.2 be redeemed in the forms of gifts, profile upgrades and other services being provided on the Company platform.
  • 8.6 In exceptional circumstances only (as determined by Company in its sole discretion, acting reasonably), the Company reserves the right to temporarily or permanently cancel or suspend a payment to the Host. The foregoing exceptional circumstances shall include, but not be limited to, any legal or regulatory risk or potential breach of applicable Laws associated with the transfer of such payment to Merchant, the breach of this and/or any other supplement agreement(s) entered into between the parties.
  • 8.7 The Company may, from time to time, request information from the Host to confirm Host’s identity as may be necessary under any applicable compliance obligations before transferring any payments and may refuse to process payments owed if there exists a legal or regulatory risk or potential breach of law or regulation associated with such transfer to the Host.
  • 8.8 Company Tools. The Company may make available certain Company Tools to the Host, and Host may access and use those Company Tools solely in connection with Host’s use of the Company Services. The Company Tools, including all intellectual property rights therein, are and shall remain the property of Company, its Affiliates or their respective licensors. Neither this Agreement nor the Host’s use of the Company Tools or Company Data conveys or grants to Merchant any rights in or related to the Company Tools or Company Data, except for the limited licence granted above.
  • 8.9 Company Website/App. The Host acknowledges and agrees that in the course of its engagement with the company, they may gain access to certain proprietary information and/or gain back-end access to the company’s platform/website/mobile application. As between the Hosts and the Company, the Company will retain sole and absolute control over the Company Website/App (and all elements of the user experience and user interface relating to the Company Website/App), including, without limitation, with respect to:
  • 8.10 the personalisation of the Company Website/App for Customers;
  • 8.11 the prioritisation and display of options available to Customers;
  • 8.12 the search functionality and results provided to Customers; and
  • 8.13 adding, removing or otherwise modifying any feature or functionality made available through the Company Website/App to optimize reliability or efficiency on the Company Website/App.
  • 8.14 No Service Guarantee. The Company and its Affiliates do not guarantee the availability or uptime of the Company Tools or Company Website/App. The Host acknowledges and agrees that the Company Tools and Company Website/App may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the Company Tools and Company Website/App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Company and its Affiliates are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
  • 8.15 Furthermore, a few of the features of the Company’s Services may not be available to the Host pursuant to gambling, money laundering and other applicable statutes, laws, rules and regulations. The Hosts shall not engage in any illegal activity nor shall they use the Company services to aid or abet any such activity.
  • 8.16 Disclaimer of Warranties. This clause applies only to the maximum extent permitted by applicable Law, and does not (and is not intended to) override any rights that the Host has pursuant to applicable Laws. The Company and its Affiliates provide, and Host accepts, the Company Tools and Company Website/App on an "as is" and "as available" basis. The Company and its Affiliates do not represent, warrant or guarantee that its access to or use of the Company Tools or Company Website/App: (i) will be uninterrupted or error free; and/or (ii) will result in any monetary benefits for the host. The Company and its Affiliates make no representations, warranties or guarantees as to the actions or inactions of Host and/or other users of the WAFA application, who may purchase or send Virtual Items to the Hosts. The Hosts are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the Company Services and Company Tools. The Company and its Affiliates expressly disclaim all liability for any act or omission of the Host, any Customer, user or other third party.
  • 8.17 Complaints. In connection with the provision of Company Services, the Company, on behalf of the Host, may respond to complaints by Customers about their performance/conduct via the Company Website/App.
  • 8.18 Suspension of Company Services. The Company, at its sole discretion, reserves the right to temporarily or permanently suspend, in whole or in part, the Host’s access to the Company Services and Company Tools if:
    • 8.18.1 The Host fails to provide Required Documentation in a timely manner;
    • 8.18.2 The Host or their account is in arrears or is engaged in suspicious activity;
    9. MARKETING AND PROMOTIONAL ACTIVITIES
  • 9.1 Marketing. The Company may showcase the availability of the Hosts on the Company Website/App through various promotional activities including, without limitation, social media channels, websites, advertisements, blogs or other media available now or hereinafter created. The Company (or a party designated by Company acting on Company’s behalf) may create video, still images and/or other materials for marketing and other efforts related to the Company Website/App ("Company Marketing Materials"). The Hosts agree that the Company Marketing Materials (including, without limitation, all intellectual property rights therein) are and will remain the sole and exclusive property of Company.
  • 9.2 No Additional Amounts. The Host acknowledges and agrees that, through advertising and marketing, Company may seek to attract new Hosts and Users in order to increase existing user base of the Company’s Services and Company’s Website/App. The Hosts acknowledge and agree that such advertising or marketing does not entitle the Host to any additional monetary amounts beyond the scope of this Agreement.
  • 10. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
  • 10.1 In consideration of the disclosure of Confidential Information by the Disclosing Party to the Receiving Party solely for the Purpose, the Receiving Party undertakes whether by itself, its successors and heirs, not to disclose Confidential Information to any third party, unless in accordance with Clause.
  • 10.2 In addition to the undertaking above, the Receiving Party shall be liable for:
    • 10.2.1 Any loss, theft or other inadvertent disclosure of Confidential Information, and
    • 10.2.2 Any unauthorized disclosure of Confidential Information by persons or entities to whom the Receiving Party under this Agreement has the right to disclose Confidential Information, except where, the Receiving Party has used the same degree of care in safeguarding such Confidential Information as it uses for its own Confidential Information of like importance and in no event less than a reasonable degree of care; and upon becoming aware of such inadvertent or unauthorized disclosure the Receiving Party has promptly notified the Disclosing Party thereof and taken all reasonable measures to mitigate the effects of such disclosure and to prevent further disclosure.
  • 10.3 The Receiving Party understands and agrees that:
    • 10.3.1 Any Confidential Information known only to the necessary personnel to whom it might be of commercial interest and not generally known to the public is not public knowledge;
    • 10.3.2 A combination of two or more parts of the Confidential Information is not public knowledge merely because each part is separately available to the public.
    • 10.3.3 The technical, commercial and strategic value of the Confidential Information to the Disclosing Party and understands that unauthorized disclosure of such Confidential Information will be injurious to the Disclosing Party.
  • 10.4 The Receiving Party undertakes to notify the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by the Receiving Party and will cooperate with the Disclosing Party by assisting the Disclosing Party to regain possession of the Confidential Information and prevent its further unauthorized use.
  • 11. INDEMNIFICATION
  • 11.1 The Hosts will indemnify, defend and hold harmless the Company from and against any and all claims, damages, liabilities, causes of action, and losses (including reasonable attorney’s fees) (collectively, "Losses") with respect to any third party claim arising out of or related to: (A) the negligence or wilful misconduct of Hosts in their performance of this Agreement; (B) any claims that, if true, would be a breach of any of the Hosts representations, warranties or covenants in this Agreement; (C) The Hosts violation or alleged violation of any law or other safety code, rule or regulation; (D) The Hosts copying, storing, retaining, removing from the Company Tools or otherwise processing the Personal Data, except as permitted under this Agreement; (E) any third party claim for actual or alleged infringement of a third party’s intellectual property or other proprietary rights arising out of or in connection with the Hosts use of the company services, whether or not such claim arises during the Term of the Agreement.
  • 12. LIMITATION OF LIABILITY
  • 12.1 Under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use the company materials or the service itself, or any other interactions with the company, even if the company or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the company’s liability will be limited to the extent permitted by law.
  • 12.2 In no event shall the company or its affiliates, contractors, employees, agents, or third-party partners or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the company services (whether in contract, tort, warranty, or otherwise) exceed the amount already spent by a particular user on the platform.
  • 12.3 These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than the company and received by you through or advertised on the company service or received by you through any links provided on the company service.
  • 13. GOVERNING LAW AND DISPUTE RESOLUTION
  • 13.1 This Agreement shall be governed by the law of the Republic of India.
  • 13.2 In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration under the Indian Arbitration and Conciliation Act, 1996 including any amendments thereto. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. Courts in Bangalore shall have exclusive jurisdiction with respect to the arbitration proceedings.
  • 13.3 These Terms will be governed by and construed in accordance with the laws of the State of Karnataka and you submit to the exclusive jurisdiction of the courts located in Bengaluru for the resolution of any disputes.
  • 14. MISCELLANEOUS
  • 14.1 Waiver. The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option.
  • 14.2 Modification. The Company reserves the right to modify/change this Agreement as well as any information referenced at hyperlinks from this Agreement from time to time, at their sole discretion. Unless stated otherwise, any change takes effect immediately. The Hosts are responsible for ensuring that they are familiar with the latest Terms. By continuing to access and use the Website, they agree to be bound by the changed Terms.
  • 14.3 Severability. If any provision of the Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remainder of the Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of the Agreement.
  • 14.4 Force Majeure Event. Any delay in or failure by either party in the performance of this Agreement shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event. The affected party will promptly notify the other party upon becoming aware that any Force Majeure has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations under the Agreement.
  • 14.5 Assignment. The Hosts may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Company. Company may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement without consent or notification. Company shall be expressly discharged from all obligations and responsibilities arising after the assignment or transfer. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and assigns.
  • 14.6 Relationship between the Parties. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment or worker relationship (including from a labour law, tax law or social security law perspective), between the Company (and/or its Affiliates) and the Hosts; and (b) except as specified in this Agreement, no joint venture, partnership, or agency relationship exists between the Company (and/or Company’s Affiliates) and the Hosts. No party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate writing, executed by an authorized representative of the other party. Each party shall be solely responsible for its employees and contractors used in connection with this Agreement. The relationship between the parties under this Agreement is solely that of independent contractors.
  • 14.7 Notice. Any notice will be sent to the address of the relevant party as provided to the Company and deemed duly given: (a) upon actual delivery, if delivery is by hand; or (b) three (3) days after being sent by overnight courier, charges prepaid; or (c) by electronic mail to the designated recipient.
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