Welcome to Watchwitz Technologies Pvt Ltd! Please read these Terms of Service carefully. These Terms of Service create an agreement (the "Agreement") between you and Watchwitz Technologies Pvt. Ltd., regarding your use of WTPL services and associated software ("Services"). If you do not agree to this Agreement, please click the "Cancel"/"Back" button and do not use the Services.
If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.
To access the Services, you will need your own computer and internet connectivity.
To register, you will be asked to fill up the required information, * fields are the mandatory ones (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information including user name, email address, password, physical address, credit card information etc and for any and all activity that occurs under your account. You agree to notify Watchwitz Technologies Pvt. Ltd. of any unauthorized use or breach of your account.
You agree that Watchwitz Technologies Pvt. Ltd. (now Referred as "WTPL" for short) may collect, use, process and store information about you and your use of the Services, including the transfer of such information to India and/or another country across the world. In addition, information that you submit to WTPL in connection with the Services will be handled in accordance with our privacy statement. WTPL may use information collected by WTPL, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.
You are responsible for the content of all visual, written or audible communications and any other material ("Content") used in connection with your account. WTPL will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless WTPL from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of any law for the time being in force or due to violation of any breach of this agreement.
You agree not to upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by WTPL or its affiliates.
You agree not to upload, post, email, or transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.
You agree not to upload, post, email, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.
You agree not to upload, download, transmit, or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others and that in case of any unauthorized use of any content by you, you shall be solely responsible for the consequences.
WTPL has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
You automatically grant WTPL and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, perpetual, irrevocable license to use, modify, publicly display, reproduce and distribute the Content in order for WTPL to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.
You agree to be a responsible user of the service and understanding that WTPL will not have any control over what is being broadcast, you assume responsibility of what shall be broadcast and further, if WTPL incurs any liability out of your improper or illegal use or any other misuse of the service, you agree to indemnify WTPL for the same.
The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your region or state or country. WTPL may make modifications to its features or any services to comply with laws and regulations. WTPL owns all the proprietary rights and interests in the Services and Services websites.
You agree that WTPL may suspend or terminate your access to the Services without notice if: (a) WTPL determines that you have violated this Agreement or (b) WTPL is required to do so by any court or government authority in any country.
WTPL may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. WTPL will issue a refund when appropriate and finalized by management of WTPL.
You agree that WTPL has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
WTPL may discontinue the Service or change the Service or price (including adding and deleting features) without any prior notice.
You acknowledge and authorize WTPL to make payments to you for your sessions, if any, after deducting monies subject to all taxes as applicable under the Indian Laws irrespective of threshold limits and the final adjustments shall be made at the end of each financial year.
You agree to give a free session to be used for promoting your sessions by WTPL and you agree not to be paid anything for such free sessions, if any to be broadcast by WTPL.
Valid Session: A session shall be considered as valid once it is booked on online panel, by email, by sms or through any other correspondence.
If you believe that WTPL or any of its affiliates or any user of WTPL has violated a copyright, please contact us at: support@watchwitz.com for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.
You agree that WTPL may use the name, logo and other trademarks or service marks of your company to create a co-branded Services website as part of the delivery of the Services.
To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that WTPL and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. WTPL AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. WTPL AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
YOU AGREE THAT WTPL, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WTPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF WTPL AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO WTPL FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
WTPL may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at: www.WTPLsolutions.in/terms-and-conditions. If WTPL makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.
Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the Terms of Use shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of WTPL. WTPL shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to WTPL will not be treated as confidential and WTPL shall not be liable for any disclosure of the Submissions.
This Site is controlled and operated by WTPL. WTPL makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
By accessing this Site, you and WTPL agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws of India, and shall be subject to the jurisdiction of Indian courts.
__________________ ™, associated trade marks and logos are trade marks of Watchwitz Technologies Pvt. Ltd.. Watchwitz Technologies Pvt. Ltd. has filed applications to register its trademarks in many other countries. WTPL's trade marks and trade dress may not be used in connection with any product or service that is not WTPL's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WTPL. All other trade marks not owned by WTPL or any of its related companies that appear on this site are the property of their respective owners.
Force Majeure. You acknowledge and understand that if WTPL is unable to provide the Products as a result of a force majeure event WTPL will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of WTPL. In the event WTPL is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. WTPL SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and WTPL with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or WTPL arising out of fraud or fraudulent misrepresentation.
Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected.
No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If WTPL waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
Assignment: You are not allowed to assign the Terms or any rights hereunder. WTPL is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.
Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of India and shall be subject to the jurisdiction of Indian courts.
Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Site, the Software or the Services (collectively, the "Company Content") are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (the "Third Parties") and are protected, without limitation, pursuant to Indian and foreign copyright laws.
Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the Site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the Site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not "mirror" any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable Indian and state laws.
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the Site and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the Site, the Company Content or the Services. These rights granted to you are revocable by us in accordance with these Terms.
We do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us our Copyright Agent (identified below) a notice with the following information:
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached by _____________________
You agree to safeguard the Company Content and the Services (collectively, "Proprietary Information") and to prevent the unauthorized, negligent or inadvertent use or disclosure of such Proprietary Information. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
The Site or the Services may provide links to non-Company web sites or resources (the "Third Party Sites"). This may include Educators sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity they may contain.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Indian and foreign trademark laws. Nothing on the Site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or in connection with the Services, Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR EDUCATORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF. WE ARE NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF EDUCATORS OR USERS.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Site or the Services.
We reserve the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the "Terms of Service" located at the bottom of the pages of the Site. The most current version of the Terms will supersede all previous versions. Your use of the Site or continued use of our service after changes are made means that you agree to be bound by such changes.
We may terminate your use of the Site or Services immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. Furthermore, we may terminate your rights to use the Site or the Services for any reason or no reason. In the event of termination or expiration, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the general provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination you will immediately destroy any downloaded or printed Company Content.
These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.
These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of India applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), you agree that any dispute arising out of or relating to the Site or Services or use of the Site or Services shall be heard exclusively in the courts of Nagpur, India and you covenant and agree not to bring suit in any other forum.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.