Terms of Service

Updated on November 04, 2023

Introduction and Overview

Please carefully read these Terms of Use (these “Terms”) because they set forth a legally binding agreement between you (“you”, “your”, and/or “guests”) and Wug Web Services Private Limited, (“we”, “us”, “our”, and/or “WUGWEB”), and govern your access and use of any online service location/website that posts a link to these Terms (collectively, the “Sites”). We offer the Sites, including all information, tools, and services available herein to you, conditioned upon your acceptance of and strict adherence to these Terms.

BY ACCESSING OR USING ANY PART OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS NOW OR IN THE FUTURE, THEN DO NOT ACCESS OR USE THE SITES. YOUR CONTINUED USE OF THE SITES NOW OR FOLLOWING THE POSTING OF ANY CHANGES IN THESE TERMS WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH CHANGES.

In some instances, both these Terms and separate terms elsewhere on the Sites will apply to your use of the Sites (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.

We control and operate the Sites from INDIA, and we make no representation that the Sites are appropriate or available for use beyond INDIA. Software related to or made available by the Sites may be subject to INDIA export controls, and except as authorized by law, you agree and warrant not to export or re-export the software to any county or any person, entity, or end-user subject to INDIA’S export controls or sanctions.

Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, GOVERNED BY ARBITRATION AND CONCILIATION ACT 1996. YOU AGREE THAT THE SEAT OF ARBITRATION WOULD BE DELHI IN CASE OF ANY DISPUTE.

Content

The Sites contain (i) materials and other items relating to WUGWEB and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Sites, and the compilation, assembly, and arrangement of the materials of the Sites and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of WUGWEB; and (iii) other forms of intellectual property (collectively, “Content”). All right, title, and interest in and to the Sites and the Content are the property of WUGWEB or our licensors or certain other third parties and are protected by INDIAN and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content. You understand that by using the Sites, you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Sites at your own risk.

Limited License

Subject to your strict compliance with these Terms and any applicable Additional Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, enter, attend, download, display, view, use, consume, and/or otherwise exploit the Sites and the Content in each case for your personal, non-commercial use only. This limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. To protect all parties’ intellectual property rights, any unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile devices) meets all the necessary technical specifications to enable you to access and use the Sites if any. You acknowledge and agree that using the Sites is at your sole risk and responsibility. We expressly reserve the right to remove and/or delete any data, files, and/or other information stored or used in connection with the Sites for any reason.

Availability

We reserve the right to refuse access to the Sites and/or Content to anyone for any reason at any time. We may suspend or terminate the availability of the Sites and Content, in whole or in part, to you for any reason, at our sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Sites, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites and Content.

Reservation of Rights

All rights not expressly granted to you are reserved by WUGWEB and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Sites for any purpose is prohibited.

Submissions, Comments, and Feedback

If you send certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, image, likeness, picture, avatar, social media handle, biographical information, or other indicia, in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites or any related websites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions provided by you or any third party.

Third-Party Services

We may provide you with access to third-party tools, content, products or services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such third-party content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party content. Any use by you of third-party content offered through the Sites is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on the Sites may direct you to third-party websites that are not affiliated with WUGWEB. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties available through or at such third-party links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

DMCA/Copyright Policy

We take copyright, and other intellectual property infringement claims seriously and respond to it under the laws governed by Indian Intellectual Property Rights. To submit a notice of claimed infringement under Indian law, provide our designated agent with the following written information: A physical or electronic signature of the intellectual property right owner or a person authorized to act on his or her behalf; Identification of the work claimed to have been infringed; Identification of the infringing material and information reasonably sufficient to permit us to locate that material; Your contact information, including your address, telephone number, and e-mail address; A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the intellectual property owner, its agent, or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is: Intellectual Property Rights Contact Details Wug Web Services Private Limited, Address:Wework Berger Delhi One Floor 19, C-001/A2, Sector 16B, Noida, Uttar Pradesh 201301 Email: hello@wugweb.com

Counter Notification

If you believe that your material has been removed in error in response to an IPR notification, you may submit a counter-notification to our designated agent with the following written information: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, address, telephone number, and a statement that you consent to the jurisdiction of Delhi Court for the judicial district in which the address is located, or if your address is outside of India. We will respond to counter notifications in accordance with the IPR LAWS INDIA.

Customer Support

Contact us here for questions about your use of the Sites or these Terms: hello@wugweb.comWhen you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Sites or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on the Sites or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites or on any related website should be taken to indicate that all information on the Sites or on any related website has been modified or updated.

Disclaimers

THE SITES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITES AND THE CONTENT MAY CONTAIN AUDIO-VISUAL EFFECTS, STROBE LIGHTS OR OTHER MATERIALS THAT MAY AFFECT YOUR PHYSICAL SENSES AND/OR PHYSICAL CONDITION. WE ARE NOT RESPONSIBLE FOR WHETHER THE SITES, INCLUDING ANY CONTENT THEREIN, ARE ACCURATE, COMPLETE, OR CURRENT. CONTENT IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS. ANY RELIANCE ON THE SITES, AND ANY CONTENT THEREIN, IS AT YOUR OWN RISK.

THE SITES AND CONTENT THEREIN MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE SITES AND ANY CONTENT AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE THE SITES OR THE CONTENT. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO THE SITES THAT MAY AFFECT YOU. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE.

YOU AGREE THAT FROM TIME TO TIME, WE MAY REMOVE THE SITES AND/OR ANY CONTENT THEREIN FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITES AT ANY TIME, WITHOUT NOTICE TO YOU.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WUGWEB BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SITES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITES. THE LIMITATIONS OUTLINED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED RESULTING FROM WUGWEB’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

Indemnification

You agree to indemnify, defend, and hold harmless WUGWEB, affiliate, and subsidiary entities, and each of our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your

your breach or alleged breach of these Terms; your Submissions; your misuse of the Sites and/or the Content; your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; your use of a third-party product, service, and/or website; or any misrepresentation made by you.

We reserve the right to assume, at your expense, the exclusive defence and control of any matter subject to your indemnification. You agree to cooperate with our defence of any claim. You will not, in any event, settle any claim without our prior written consent.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Sites or when you cease using the Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice; and/or accordingly may deny you access to the Sites. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Sites (or any parts thereof).

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India without reference to its conflicts of laws principles.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY ARBITRATION.

Agreement To Arbitrate

You and WUGWEB agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Sites (“Disputes”) will be settled by binding arbitration, except that each party retains the right: to file a case in the courts granted by the laws of India for the time being in force and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an “IP Protection Action”).

The exclusive jurisdiction and venue of any IP Protection will be the courts located in Delhi, WUGWEB, and you waive any objection to jurisdiction and venue in such courts and consent to their jurisdiction. You agree you may bring arbitration claims only on your own behalf and not on behalf of any other person or entity. Unless both you and WUGWEB otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court, rather than an arbitrator, must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Arbitration Rules

The arbitration will be administered by the Indian Council of Arbitration (IAC) in accordance with the Commercial Arbitration Rules (the “IAC Rules”) and Arbitration and Conciliation Act, 1996, then in effect, and amendments thereof.

Arbitration Process

A party who desires to initiate arbitration must provide the Registrar a written notice asking for arbitration, along with the names and full addresses of the parties to the dispute, a Statement of the claim and facts supporting the claim, and Original or duly certified copies of the arbitration agreement (this agreement or any such agreements entered into by and between the parties) and INR 1000, registration fee, as specified in the IAC Rules.

Arbitration Location

Unless you and WUGWEB otherwise agrees, the arbitration will be conducted in Delhi.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the IAC Rules. The arbitrator’s decision will include the essential findings and conclusions which the arbitrator based its award on. Judgment on the arbitration award may be entered in any court having jurisdiction over the arbitration award. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of these Terms as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. WUGWEB will seek will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law if it prevails in arbitration unless such arbitration is found by the arbitrator to be frivolous under the standards of the applicable laws.

Changes

By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and WUGWEB in accordance with the provisions of this Section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Your Choices

If you do not want to settle Disputes by arbitration as described above, you will notify us by sending us written notice hello@wugweb.com telling us that you do not want to use arbitration within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for Claims and IP Protection Action as stated above.

Investigations

We reserve the right to investigate and prosecute any suspected breaches of these Terms or the Sites. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Waiver of Injunctive or Other Equitable Relief

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY WUGWEB OR A LICENSOR OF WUGWEB.

Changes to Terms and the Sites

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website (which constitutes notice to you). It is your responsibility to check the Sites periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

We may provide patches, updates, or upgrades to the Sites that must be installed for you to continue to use the Sites. Although we will use commercially reasonable efforts to notify you, we may update the Sites remotely without notifying you, and you hereby consent to us applying patches, updates, and upgrades. You acknowledge that your use of the Sites does not confer any interest, monetary or otherwise, in any aspect or feature of the Sites, including but not limited to (where applicable) any rewards or Content (save for where it is your own Submissions). You also acknowledge that any data, customization, or other data related to your use of the Sites may cease to be available to you at any time without notice from us, including without limitation after a patch, update, or upgrade is applied by us. We do not have any maintenance or support obligations with respect to the Sites.

Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms and any policies or operating rules posted by us on the Sites or in respect to the Sites constitute the entire agreement and understanding between you and us and govern your use of the Sites, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You shall not, without our prior written consent, assign, transfer, charge, or sub-contract all or any of your rights or obligations under these Terms, and any attempt without that consent will be null and void. If such restrictions on transfer under these Terms are not enforceable under the law of your country, then these Terms will be binding on any such recipient. We may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under these Terms.

Privacy Policy

For information about our data protection practices, please read our privacy policy available at Privacy Policy. This policy explains how we collect, use, and disclose the information we collect about you. You agree to the collection, use, and disclosure of your data in accordance with our privacy policy.