This Privacy Statement describes how we collect, use, and disclose certain Personal Information obtained through the App. Please contact us in case you have any questions about our privacy practices.
While signing up on the App, you are asked to provide certain personal information (“Personal Information”). Wherezat will only use your contact information to find which contacts has already installed Wherezat. The information will never be shared to anyone. You represent and warrant that the Personal Information you provide is accurate, true and complete. The Personal Information may be used by the Company in furtherance of this Agreement and provision of its Services.
We collect personal and non-personal identification information to provide the best personal experience for Members and therefore we do collect information for the following purposes:
You are prohibited to disclose any information made available to you through the App. You must respect the privacy of other Members while using the App and not disclose their confidential information.
Your device allows you to control and limit cookies. If you reject cookies, you may still use the App, but your ability to use some areas or functions of the App may be limited.
The Personal Information that you provide on the App may be used to contact you about different significant announcements and offers.
The App allows you to interact with other Members. Nothing requires you to disclose your identity to others. If you choose to disclose your identity using the App, you do so at your own risk. The Company is not responsible for the privacy or security of any information, personal or otherwise that you may choose to communicate or exchange using the functionality of the App.
We may release information concerning your use of App when we believe, in good faith, that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of the App, to protect Company’s rights or property, enforce any contract between you and us, or if the Company reasonably believes that a situation involving danger of death or injury to any person requires disclosure.
The Company may track the App to analyze trends, administer the App, track your actions, and use of the App and gather demographic information for aggregate use. Such analysis is not linked to personally identifiable information.
The Company may share aggregated demographic and usage information with its partners and advertisers. This aggregated information is not linked to any personal information that can identify any individual person.
These Terms of Service (“Agreement”) are entered into between you (hereinafter referred to as the “Member” and also as “you” or “your”) and “Ameba Softwares Pvt. Ltd.”, a company governed under the laws of the Republic of India (“Company”, “we”, “our” or “us”).
Please review this Agreement since it affects your legal rights and obligations. If you cannot agree to be bound by this Agreement, do not access or use our app, Wherezat (“App”) and any related software. By clicking “I AGREE” at the end of the Agreement you hereby (i) agree to be bound by the same, and (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement.
“Account” means an account you register/sign up with the Company via our App.
“Effective Date” shall mean the date of acceptance of this Agreement by you.
“Proprietary Rights” means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
“Service(s)” means the service(s) provided by the Company to you by making available the App.
Any reference in this Agreement to “written notice” or related expressions shall mean a notice given in writing to the email address or Facebook account that the party has nominated.
The headings of the Agreement are for convenience only and shall not affect its interpretation.
Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender, and words importing persons include bodies corporate and un-incorporate and (in each case) vice versa.
Reference to this Agreement or any other document shall, where appropriate, be meant as references to this Agreement or such other document as varied, supplemented, novated and/or replaced in any manner from time to time.
The App is a social network platform that helps people interested in sport(s) to come together. Users may find other users/phone contact and send them invitations so that they may interact. The App is being provided free of cost.
Notwithstanding the preceding statement, the Company reserves the right, in its sole discretion, to charge any amount it deems suitable at any later stage.
The App is available in English. During installation, you will be notified of the programs, the App will use after installation. Your option to install shall mean you authorize that such programs may be used by the App.
You must make an Account on the App in order to enjoy our Services. You may register by providing your correct name and cell phone number. You are hereby required to provide accurate and complete information. The registration shall be deemed to be conclusive proof that you use the App. We reserve the right, with or without giving any reasons, to reject, remove, restrict or suspend any Account.
The registration shall be non-transferrable. It shall be your duty to keep your contact number confidential. If you become aware of any unauthorized use of your Account, you must immediately without any delay notify the Company in writing of such use/misuse.
Company, through this Agreement, and subject to compliance with the terms of this Agreement, grants to you a limited, non-exclusive, personal, non-transferable license to use and access the App. Unless applicable law gives you more rights despite this limitation, you may use the App only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways.
You shall not access or use the App or Services for any reasons that are in competition with the Company. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this App in any way for any public or commercial purpose without prior written consent of the Company. You must not frame or link to the App except as permitted in writing by the Company. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this App unless expressly permitted by law. This App or any portion of this App may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. The Company and its licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the App. The App logo and name are the Proprietary Rights of the Company, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the App may be the trademarks of their respective owners. Except as expressly stated, nothing in this Agreement confers any license under any of the Company’s or any third party’s Proprietary Rights, whether by estoppel, implication or otherwise.
Without limiting the Company’s other remedies, the Company shall have the right, but not the obligation, to suspend or cancel your access to the App if (i) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the App, or violate the Company’s rights or those of another party; (b) the Company is unable to verify or authenticate any information you provide to the Company; or (c) the Company believes that your actions may cause legal liability to the Company or other users. If your Account is suspended or terminated, you MAY NOT continue to use the App under a different account or re-register under a new account.
You shall not transgress from your role under this Agreement. You shall not access (or attempt to access) the App by any means other than through the interface provided by the Company, and shall not use any information available on the App for any purpose other than the purpose for which it was made available. You shall not attempt to gain unauthorized access to other networks or computer systems through the App. You shall not engage in any activity that interferes with or disrupts the proper functioning/operation of the App. You shall not upload or attach any malicious or unknown files. You shall not insert any external links that could be malicious or unknown to you, or used for offering any goods or services other than the Services.
When using our Services, you represent and warrant that you shall not impersonate any other person or a legal entity. You are not allowed to advertise, promote or brand any content, including any third party’s content into the App for personal, commercial or any other purposes whatsoever.
You shall not engage, by using or accessing the App, in screen scrapping, database scrapping, spidering, harvesting of wireless addresses, e-mail addresses, or any other contact information or Personal Information, or any automatic means through which list of users may be obtained or any similar information. You shall not use the App in a manner that may interrupt, impair, weaken, overburden, damage or disable the App.
Company merely makes the App available to enable people to share their locations with their friends or colleagues. We do not direct, nor have any control over, nor make representations, and do not guarantee the quality, safety or legality of claims, the truth or accuracy of the location or identities of the Members.
In case you use any API to access or retrieve data from Google or iPhone, you understand that such data is owned by either Google or iPhone or any such party that may provide the data. You hereby agree that you may be subjected to additional terms of service if you access or use such data. You agree that you shall retrieve data only with the explicit consent of the owner. You further agree that you shall not sell, reproduce, distribute, modify, lease or create any derivative work based on such data unless allowed by the respective terms of service.
The Company and its licensors reserve all Proprietary Rights in and to the App. You may not use the App except as necessary for the purposes of performing your obligations under this Agreement. The Company reserves the right to withdraw, expand, otherwise change or cease to operate the App at any time at the Company's sole discretion.
You may/shall not reverse-engineer, disassemble or decompile, decrypt, circumvent or otherwise interfere, in any manner whatsoever, whole or part of the App, related software or domains as it constitutes/embodies the Company’s intellectual property.
The terms of this Agreement commences on Effective Date. We reserve the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to you, and are not obligated to support or update the same. You understand and agree that we shall not be liable to you or a third party for modifications, suspensions or changes to Services.
You acknowledge that we may, at our discretion, delete, limit your access, terminate or deactivate your Account, block your IP address, cancel the App or otherwise terminate your access and remove and discard your content.
You agree that we may make changes to this Agreement, whenever necessary to comply with governing laws or further the goals of this Agreement. Notice of such changes may be made by email or noted as amendments or updates on this “Terms of Service” page.
At any time you may request your account be deactivated or deleted and your submitted content be removed.
We shall respond quickly to claims of copyright infringement. If you believe your copyright is infringed by our content, please provide us with a written notice via mail or email at the following address:
Ameba Softwares Pvt. Ltd.
E 39, Phase 8 Industrial Area
Mohali, Punjab (India)
Your notice must contain the following information:
THE APP IS AVAILABLE ON “AS IS” BASIS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, NEITHER WE, NOR OUR MANAGERS, OR AGENTS MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE SERVICE, ITEMS, CONTENT, USER-CONTENT, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION PROVIDED ON THE APP OR ANY ACTIVITIES RELATED TO THIS AGREEMENT
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, officers, agents, employees and representatives from any and all claims, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (i) any content or information provided by you, and (ii) any claim, judgment, or adjudication that any action or omission by you infringes Proprietary Rights or other rights of any third party. I will not use this service for any kind of criminal activity in any place of the world.
The Company may include on the App links to third party(s). You agree that we are not responsible or liable for any content or other materials on third party interface. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that the Company shall not be responsible for any claim or loss due to a third party or any advertiser.
The App may include some public forums including, without limitation, blogs, bulletin boards, messaging service, and message boards. We welcome you to use these forums in accordance with the terms of this Agreement. While using these forums, you agree:
The Company has the right, but not obligation to review the information or content posted on these forums. The Company may, in its sole discretion, remove any information or content from these forums without notice or liability.
If you encounter any unlawful or prohibited material on these forums, you waive your right to any damages related to such exposure. Such material should be immediately reported to email@example.com.
This Agreement constitutes the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This Agreement shall be governed and construed by the laws of Republic of India without regard to its conflict of law provisions. In the event of a dispute regarding this Agreement, the courts of Mohali (S.A.S. Nagar, Punjab) shall have the exclusive jurisdiction in the matter.
The failure or delay of the Company to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect the Company's right to later enforce or exercise it, unless the Company issues an express written waiver, signed/executed by a duly authorized representative of the Company.