Terms and Conditions
END USER LICENSE AGREEMENT
1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services or accessing the contents does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
THIRD PARTY CONTENTS: Our Services display some content that is not WeOne’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
2. USERS CONTENTS:
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give WeOne (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to WeOne Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We stately reserve all the storage, display and accessing rights to the contents which shall either be removed or may be made defunct for display or access as may be deemed proper by us. Agreeing to this the content owners, except when otherwise agreed under this agreement or any other agreement, hereby relinquishes all the rights for display of the contents.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a WeOne Account, we may display your Profile name, Profile photo, and actions you take on WeOne or on third-party applications connected to your WeOne Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your WeOne Account. For example, you can choose your settings so your name and photo do not appear in an advertisement.
3. THE SOFTWARE:
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Subject to your compliance with these Terms, WeOne grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WeOne and WeOne’s licensors or assignees. . You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
You may not-
· remove any copyright, trademark or other proprietary notices from any portion of the Services;
· reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by WeOne;
· decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
· link to, mirror or frame any portion of the Services;
· cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
· Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll try our best to serve you. WeOne may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
6. WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WEONE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, WEONE, AND WEONE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WEONE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, WEONE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
8. BUSINESS USE:
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify WeOne and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
9. ABOUT THE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between WeOne and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have such as taking action in the future.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of India will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the jurisdiction of High Court of Bombay and you and WeOne consent to personal jurisdiction in such courts.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and WeOne. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. WeOne may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
WeOne may amend the Terms related to the Services from time to time. Amendments will be effective upon WeOne’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
10. The Services
The Services constitute a technology platform that enables users of WeOne’s mobile applications or websites provided as part of the Services (each, an “ Application”) to access and watch, share or use the data of or services including the advertised contents by independent third party providers of such services under agreement with WeOne or certain of WeOne’s affiliates (“Third Party Providers”). Unless otherwise agreed by WeOne in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT WEONE DOES NOT PROVIDE ANY COMMERCIAL SERVICE AND THE SERVICES AND THE REWARDS AND PAYMENTS ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY WEONE OR ANY OF ITS AFFILIATES. WeOne does not guarantee any remuneration / reward / credits for the use of the services which are provided on no reward basis and nothing shall be payable by WeOne for viewing/ sharing or distribution of such contents.
WeOne shall have no obligations to anyone for the discount or concessions offered by third parties in the form of coupon, offers, commissions, User hereby agrees and accepts that success or failure of any kind in use of such offers/ coupons etc rests with such third party and user shall not have any claim, monitory or otherwise on WeOne in any form.
11. PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available, for limited or unlimited period, under WeOne’s various brands or request options associated with services. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of WeOne’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Advertisement network company or their executives or holders of similar permissions / licenses / assignments.
12. THIRD PARTY SERVICES AND CONTENT.
The Services and all rights therein are and shall remain WeOne’s property or the property of WeOne’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner WeOne’s company names, logos, product and service names, trademarks or services marks or those of WeOne’s licensors.
14. YOUR USE OF THE SERVICES
14.1 USER ACCOUNTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“ Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to obtain an Account. Account registration requires you to submit to WeOne certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or WeOne’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WeOne in writing, you may only possess one Account.
14.2 USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
14.3 TEXT MESSAGING.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from WeOne at any time by sending an email to email@example.com that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
14.4 PROMOTIONAL CODES.
WeOne may, in WeOne’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that WeOne establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by WeOne; (iii) may be disabled by WeOne at any time for any reason without liability to WeOne; (iv) may only be used pursuant to the specific terms that WeOne establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. WeOne reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that WeOne determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
14.5 USER PROVIDED CONTENT.
WeOne may, in WeOne’s sole discretion, permit you from time to time to submit, or otherwise make available to WeOne through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“ User Content”). Any User Content provided by you remains your property. However, by providing User Content to WeOne, you grant WeOne a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WeOne’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
14.6 REPRESENTATION AND WARRANTIES:
You represent and warrant that:
· you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WeOne the license to the User Content as set forth above; and
· neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor WeOne’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WeOne in its sole discretion, whether or not such material may be protected by law. WeOne may, but shall not be obligated to, review, monitor, or remove User Content, at WeOne’s sole discretion and at any time and for any reason, without notice to you.
15. NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WeOne does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
16. PAYMENTS AND REWARDS
PAYMENTS BY BUSINESS PARTNERs/ COMMERCIAL USERS: The business partners hereby agree that they shall follow the payment options for banking/ payment gateway drafts or other payment methods as WeOne may opt at its discretion and which may change any time without any prior notice. The partners intending to advertise through our application/ software/ services would be completely responsible for their statutory and moral obligations involved in the products / services offered to other users by them through their advertisements / offers/ discounts,/ coupons or any other method of marketing promotion.
WeOne shall not be obliged to make any payment for the services / view unless same is viewed in full and as prescribed under the term of use. It is hereby agreed by the user that no payments shall be due for any incomplete human viewing, use in breech or terms or against any credit which may be generated at any end arising out of technical/ software/ application manipulation of any kind.
All the users transacting in money would be responsible for compliance of all taxation laws as may be applicable on their products and services. WeOne shall not be responsible for any tax or other statutory obligations such as payment of tax, issue of bills/invoices, or any other accounting or taxation norm which user has to comply with.
All the payments made by us shall be subject to tax deduction at source, as applicable. The tax deducted at source would be subject to the applicable rate depending upon the availability of permanent account number or any other identification code which may be required for the purposes of taxation credit and accounting in the jurisdiction in which user is resident. User agrees and hereby gives his consent that none of the amount paid or credited or accumulated to users account shall be treated as gift or donation or business gift. All such money paid to user shall be considered as the payment of the services rendered by the user. The user is advised to comply with the statutory provisions applicable to such receipts in his hands as income against services rendered.
The WeOne at its discretion may initiate one or multiple scheme of rewards, coupon use based commission, marketing commission or any sales promotion activities and also may at its discretion share the profits with the users under defined conditions which may be based upon the limited numbers of new members introduced by a user up to a definite tier which WeOne at its discretion may limit, revise or expand without any prior notice to the user or business partner.
WeOne shall not be responsible for any delay, wrong credit or short credit of reward/ earning/commission/payments which arises due to wrong, incomplete or false information provided by the user or their introduced downstream users.
As between you and WeOne, WeOne reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in WeOne’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. WeOne will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. WeOne may from time to time provide certain users with promotional offers and rewards that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such third Party Provider’s arrival, in which case you may be charged a cancellation fee.
17. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WEONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WEONE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WEONE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WEONE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WEONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEONE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WEONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEONE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WEONE’S REASONABLE CONTROL. IN NO EVENT SHALL WEONE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEE ONE HUNDRED THOUSAND.
WEONE’S SERVICES MAY BE USED BY YOU TO REQUEST SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WEONE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold WeOne and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) WeOne’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
18. GOVERNING LAWS
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the Civil Procedure – Alternative Dispute Resolution & Mediation Rules, 2006. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Rules. The place of both mediation and arbitration shall be City of Mumbai in the State of Maharashtra, without prejudice to any rights you may have. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
19. OTHER PROVISIONS
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to WeOne’s designated agent. Please mail your request and quire on firstname.lastname@example.org for additional information.
WeOne may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to WeOne by written communication to WeOne’s address at TIMES SQUARE, 7TH AND 8TH FLOOR, CTS 349, AND 349-1, W.E.HIGHWAY, ANDHERI EAST, MUMBAI, Mumbai City, Maharashtra, India, 400069.
You may not assign or transfer these Terms in whole or in part without WeOne’s prior written approval. You give your approval to WeOne for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of WeOne’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, WeOne or any Third Party Provider as a result of the contract between you and WeOne or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
22. USER PRIVACY STATEMENT
Effective Date: 01/04/2016
WeOne collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. If you do not reside in India, the Services are provided by local franchisee, and this Privacy Statement applies to information collected and used and this Privacy Statement applies to information collected and used by WeOne.
Scope and Application
This Privacy Statement (“Statement") applies to persons anywhere in the world who use our apps or Services (“Users”).
Collection of Information
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, requested services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
Information We Collect Through Your Use of Our Services
When you use our Services, we collect information about you in the following general categories:
· Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit this site for more information. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org
Type of Cookie
Who Serves (for example)
These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information and to edit your account settings.
Security and site integrity cookies
We use these cookies to support or enable security features to help keep safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.
These help we provide a localized experience. For example, we may store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.
Site features and Services
Analytics and research
These are used to understand, improve, and research products and Services, including when you access the WeOne website and related websites and apps from a computer or mobile device.
Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our partners may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed or provide us with information about how you interact with them.
For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit
23. IMPORTANT INFORMATION ABOUT PLATFORM PERMISSIONS
Most mobile platforms (ions, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the WeOne app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the WeOne app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
24. INFORMATION WE COLLECT FROM OTHER SOURCES
We may also receive information from other sources and combine that with information we collect through our Services. For example:
· If you choose to link, create, or log in to your WeOne account with a payment provider (e.g., WeOne Wallet) or social media service (e.g., Face book), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
· If your employer uses one of our enterprise solutions, we may receive information about you from your employer.
25. USE OF INFORMATION
We may use the information we collect about you to:
· Provide, maintain, and improve our Services, including, for example, to facilitate or receive payments, send or receive receipts, provide products and services you request (and send related information), develop new features, provide customer support , develop safety features, authenticate users, and send product updates and administrative messages;
· Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
· Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of WeOne and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
· Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the India and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
Through Our Services
We may share your information:
· With third party connected users to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), average User rating and locations;
· With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
· With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
· With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
· With your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider), if you participate in any of our enterprise solutions such as WeOne for Business.
Other Important Sharing
We may share your information:
· With WeOne subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
· With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
· In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
· With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of WeOne or others;
· In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
· If we otherwise notify you and you consent to the sharing; and
· In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
26. Analytics and Advertising Services Provided by Others
27. YOUR CHOICES
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
WeOne will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your location information from a business partner application nor our ability to derive approximate location from your IP address.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
WeOne does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
Cookies and Advertising
Please refer to our Cookie Statement clauses for more information about your choices around cookies and related technologies.
28. CHANGES TO THE STATEMENT
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
29. NOTIFICATION OF COPYRIGHT INFRINGEMENT:
WeOne respects the intellectual property rights of others and expects its users to do the same.
It is WeOne’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Copyright Act, WeOne will respond expeditiously to claims of copyright infringement committed using the WeOne website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to WeOne’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notice of Alleged Infringement and delivering it to WeOne’s Designated Copyright Agent. Upon receipt of the Notice as described below, WeOne will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
The patent rights and copyrights in the application software lie with the owner Shri Deeptesh Verma, an Indian Resident Citizen, who has granted exclusive license in such rights to WeOne for commercial utilization.
Notice of Alleged Infringement (“Notice”)
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, with all items completed, to WeOne’s Designated Address
Shri Siddhivinayak Softech Technologies Private Limited entity established in the India, having its office at TIMES SQUARE, 7TH AND 8TH FLOOR, CTS 349, AND 349-1,W.E.HIGHWAY, ANDHERI EAST, MUMBAI, Maharashtra, India, 400069
IMPORTANT: Emails unrelated to copyright use or infringement will automatically be deleted.
30. VULNERABILITY RECOGNITION :
At WeOne we are looking for any vulnerability which could negatively affect the security of our users. The main categories of vulnerabilities that we look for are the following:
· Access Control Issues (Insecure Direct Object Reference issues, etc)
· Exposed Administrative Panels that don't require login credentials
· Information Disclosure of Sensitive Information (such as system configurations, user data, etc)
Please note that if vulnerability (such as XSS) only affects a small population, e.g. a browser with a low usage percentage, the reward will be determined accordingly. Vulnerabilities that exist only in antiquated browsers such as Internet Explorer 8 for example, are not in scope.
What type of vulnerabilities is WeOne NOT looking for?
The following are vulnerabilities which WeOne does not consider severe enough for a reward:
· Highly speculative reports about theoretical damage. Be concrete.
· Vulnerabilities as reported by automated tools without additional analysis as to how they're an issue
· Physical or social engineering attempts (this includes phishing attacks against WeOne employees)
· Non-validated reports from automated web vulnerability scanners (Acunetix, Vega, etc)
· Cross-site Request Forgery (CSRF) with minimal security implications (Logout CSRF, etc.)
· Missing cookie flags on non-security sensitive cookies
· Issues which require physical access to a victim’s computer
· Missing security headers which do not present an immediate security vulnerability
· Fraud issues (please see the below section elaborating on this)
· SSL/TLS scan reports (this means output from sites such as SSL Labs)
· Banner grabbing issues (figuring out what web server we use, etc)
· Open ports without an accompanying proof-of-concept demonstrating vulnerability
Policy on chaining bugs and privilege escalation?
If you have managed to compromise y WeOne-owned server we do not allow for escalations such as port scanning internal networks, privilege escalation attempts, attempting to pivot to other systems, etc. If you get access to a WeOne server please report it to us and we will reward you with an appropriate bounty taking into full consideration the severity of what could be done. Chaining CSRF vulnerability with a self XSS may not be object under our sole discretion. Using AWS access key to dump user info is not considered appropriate. .
Do you provide test accounts?
As of this time we do not have a good system for creating test accounts for our bug bounty submitters. Please create an account as you would normally and perform testing with that account or accounts. Whenever possible only test against yourself, never other users. If there is every a situation where you cannot test a bug while adhering to this please let us know and we will help figure out an appropriate solution.
What is in scope for this program?
Having found a particularly interesting or clever bug in y WeOne service, we’re happy to publicly disclose your bug once it has been remediated by our developers. Please note that in certain situations we may request more time to investigate an issue internally to ensure that it is properly fixed across all WeOne services. Public disclosure before WeOne has had time to remediate an issue is grounds for immediate forfeiture of any reward as well as possible removal from the bug bounty program.
Microsites (for example, city-specific WeOne sites and blogs) in scope?
Microsites are an important part of how WeOne reaches people in diverse local markets all around the world. Since they have smaller audiences, shouldn't contain much or any user data and aren’t part of the www.weoneapp.com domain space, the impact of issues on these sites is significantly less severe. Since we are primary interested in vulnerabilities which could lead to the exfiltration of customer information, vulnerabilities in microsite services will not be rewarded for except in extraordinary circumstances.
Fraud related issues.
If you’d like to report an issue with our fraud, please contact firstname.lastname@example.org these type of issues are important but we unfortunately cannot reward issues if this type at this time. Specifically promo code fraud and give-get fraud is abuse of our promotional offers and referral codes in order to get free rides from WeOne are a common submission. We do not consider these in scope for our bug bounty program at this time unless they show an explicit technical vulnerability in our software. Lack of verification for things such as phone numbers, credit cards, etc are all fraud related issues and are not in scope for this bug bounty program.
Bounty Payout Range