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1. Your
relationship with WIZOM\
1.1 Your use of
WIZOM’s products, software, services and web sites (referred to collectively as
the “Services” in this document and excluding any services provided to you by
WIZOM under a separate written agreement) is subject to the terms of a legal
agreement between you and WIZOM. “WIZOM” means HOME FOR THE WIZARDS , whose
principal place of business is at E.D.C(Entrepreneurship Development Cell) MAIT
,ROHINI SEC- 22, MEW DELHI. This document explains how the agreement is made up,
and sets out some of the terms of that agreement.
1.2 Unless
otherwise agreed in writing with WIZOM, your agreement with WIZOM will always
include, at a minimum, the terms and conditions set out in this document. These
are referred to below as the “Universal Terms”.
1.3 Your
agreement with WIZOM will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these
are referred to below as the “Additional Terms”. Where Additional Terms apply
to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The
Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and WIZOM in relation to your use of the Services. It is
important that you take the time to read them carefully. Collectively, this
legal agreement is referred to below as the “Terms”.
1.5 If there is
any contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that
Service.
2. Accepting
the Terms
2.1 In order to
use the Services, you must first agree to the Terms. You may not use the
Services if you do not accept the Terms.
2.2 You can
accept the Terms by:
A. clicking
to accept or agree to the Terms, where this option is made available to you by
WIZOM in the user interface for any Service; or
B. by
actually using the Services. In this case, you understand and agree that WIZOM
will treat your use of the Services as acceptance of the Terms from that point
onwards.
2.3 You may not
use the Services and may not accept the Terms if (a) you are not of legal age
to form a binding contract with WIZOM, or (b) you are a person barred from
receiving the Services under the laws of the India or other countries including
the country in which you are resident or from which you use the Services.
2.4 Before you
continue, you should print off or save a local copy of the Universal Terms for
your records.
3. Language
of the Terms
3.1 Where WIZOM
has provided you with a translation of the English language version of the
Terms, then you agree that the translation is provided for your convenience
only and that the English language versions of the Terms will govern your
relationship with WIZOM.
3.2 If there is
any contradiction between what the English language version of the Terms says
and what a translation says, then the English language version shall take
precedence.
4. Provision
of the Services by WIZOM
4.1 WIZOM has
subsidiaries and affiliated legal entities around the world (“Subsidiaries and
Affiliates”). Sometimes, these companies will be providing the Services to you
on behalf of WIZOM itself. You acknowledge and agree that Subsidiaries and
Affiliates will be entitled to provide the Services to you.
4.2 WIZOM is
constantly innovating in order to provide the best possible experience for its
users. You acknowledge and agree that the form and nature of the Services which
WIZOM provides may change from time to time without prior notice to you.
4.3 As part of
this continuing innovation, you acknowledge and agree that WIZOM may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally at WIZOM’s sole discretion, without
prior notice to you. You may stop using the Services at any time. You do not
need to specifically inform WIZOM when you stop using the Services.
4.4 You
acknowledge and agree that if WIZOM disables access to your account, you may be
prevented from accessing the Services, your account details or any files or
other content which is contained in your account.
4.5 You
acknowledge and agree that while WIZOM may not currently have set a fixed upper
limit on the number of transmissions you may send or receive through the
Services or on the amount of storage space used for the provision of any Service,
such fixed upper limits may be set by WIZOM at any time, at WIZOM’s discretion.
5. Use
of the Services by you
5.1 In order to
access certain Services, you may be required to provide information about
yourself (such as identification or contact details) as part of the
registration process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to WIZOM will
always be accurate, correct and up to date.
5.2 You agree
to use the Services only for purposes that are permitted by (a) the Terms and
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the
export of data or software to and from INDIA or other relevant countries).
5.3 You agree
not to access (or attempt to access) any of the Services by any means other
than through the interface that is provided by WIZOM, unless you have been
specifically allowed to do so in a separate agreement with WIZOM. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
5.4 You agree
that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
5.5 Unless you
have been specifically permitted to do so in a separate agreement with WIZOM,
you agree that you will not reproduce, duplicate, copy, sell, trade or resell
the Services for any purpose.
5.6 You agree
that you are solely responsible for (and that WIZOM has no responsibility to
you or to any third party for) any breach of your obligations under the Terms and
for the consequences (including any loss or damage which WIZOM may suffer) of
any such breach.
6. Your
passwords and account security
6.1 You agree
and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2 Accordingly,
you agree that you will be solely responsible to WIZOM for all activities that
occur under your account.
6.3 If you
become aware of any unauthorized use of your password or of your account, you
agree to notify WIZOM immediately at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
7. Privacy
and your personal information
7.1 For
information about WIZOM’s data protection practices, please read WIZOM’s
privacy policy at http://www.wizom.com/content/view/28/132/ .
This policy explains how WIZOM treats your personal information, and protects
your privacy, when you use the Services.
7.2 You agree
to the use of your data in accordance with WIZOM’s privacy policies.
8. Content
in the Services
8.1 You
understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other
images) which you may have access to as part of, or through your use of, the
Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the “Content”.
8.2 You should
be aware that Content presented to you as part of the Services, including but
not limited to advertisements in the Services and sponsored Content within the
Services may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to WIZOM (or by other
persons or companies on their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on this Content (either in
whole or in part) unless you have been specifically told that you may do so by
WIZOM or by the owners of that Content, in a separate agreement.
8.3 WIZOM
reserves the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all content from any Service.
8.4 You
understand that by using the Services you may be exposed to Content that you
may find offensive, indecent or objectionable and that, in this respect, you
use the Services at your own risk.
8.5 You agree
that you are solely responsible for (and that WIZOM has no responsibility to
you or to any third party for) any Content that you create, transmit or display
while using the Services and for the consequences of your actions (including
any loss or damage which WIZOM may suffer) by doing so.
9. Proprietary
rights
9.1 You
acknowledge and agree that WIZOM (or WIZOM’s licensors) own all legal right,
title and interest in and to the Services, including any intellectual property
rights which subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). You
further acknowledge that the Services may contain information which is
designated confidential by WIZOM and that you shall not disclose such
information without WIZOM’s prior written consent.
9.2 Unless you
have agreed otherwise in writing with WIZOM, nothing in the Terms gives you a
right to use any of WIZOM’s trade names, trade marks, service marks, logos,
domain names, and other distinctive brand features.
9.3 If you have
been given an explicit right to use any of these brand features in a separate
written agreement with WIZOM, then you agree that your use of such features
shall be in compliance with that agreement, any applicable provisions of the
Terms, and WIZOM's brand feature use guidelines as updated from time to time.
These guidelines can be viewed online at **http://www.WIZOM.com/permissions/guidelines.html
(or such other URL as WIZOM may provide for this purpose from time to time).
9.4 Other than
the limited license set forth in Section 11, WIZOM acknowledges and agrees that
it obtains no right, title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or display on, or
through, the Services, including any intellectual property rights which subsist
in that Content (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have agreed otherwise
in writing with WIZOM, you agree that you are responsible for protecting and
enforcing those rights and that WIZOM has no obligation to do so on your
behalf.
9.5 You agree
that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trade mark notices) which may be affixed to or
contained within the Services.
9.6 Unless you
have been expressly authorized to do so in writing by WIZOM, you agree that in
using the Services, you will not use any trade mark, service mark, trade name,
logo of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized user of such marks, names or
logos.
10. License
from WIZOM
10.1 WIZOM gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive licence to use the software provided to you by
WIZOM as part of the Services as provided to you by WIZOM (referred to as the
“Software” below). This licence is for the sole purpose of enabling you to use
and enjoy the benefit of the Services as provided by WIZOM, in the manner
permitted by the Terms.
10.2 You may not (and you may not permit anyone else to)
copy, modify, create a derivative work of, reverse engineer, decompile or
otherwise attempt to extract the source code of the Software or any part
thereof, unless this is expressly permitted or required by law, or unless you
have been specifically told that you may do so by WIZOM, in writing.
10.3 Unless WIZOM has given you specific written permission
to do so, you may not assign (or grant a sub-licence of) your rights to use the
Software, grant a security interest in or over your rights to use the Software,
or otherwise transfer any part of your rights to use the Software.
11. Content
licence from you
11.1 You retain copyright and any other rights you already
hold in Content which you submit, post or display on or through, the Services.
By submitting, posting or displaying the content you give WIZOM a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce,
adapt, modify, translate, publish, publicly perform, publicly display and
distribute any Content which you submit, post or display on or through, the
Services. This licence is for the sole purpose of enabling WIZOM to display,
distribute and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for WIZOM
to make such Content available to other companies, organizations or individuals
with whom WIZOM has relationships for the provision of syndicated services, and
to use such Content in connection with the provision of those services.
11.3 You understand that WIZOM, in performing the required
technical steps to provide the Services to our users, may (a) transmit or
distribute your Content over various public networks and in various media; and
(b) make such changes to your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks, devices, services
or media. You agree that this licence shall permit WIZOM to take these actions.
11.4 You confirm and warrant to WIZOM that you have all the
rights, power and authority necessary to grant the above licence.
12. Software
updates
12.1 The Software which you use may automatically download
and install updates from time to time from WIZOM. These updates are designed to
improve, enhance and further develop the Services and may take the form of bug
fixes, enhanced functions, new software modules and completely new versions.
You agree to receive such updates (and permit WIZOM to deliver these to you) as
part of your use of the Services.
13. Ending your
relationship with WIZOM
13.1 The Terms will continue to apply until terminated by
either you or WIZOM as set out below.
13.2 If you want to terminate your legal agreement with
WIZOM, you may do so by (a) notifying WIZOM at any time and (b) closing your
accounts for all of the Services which you use, where WIZOM has made this
option available to you. Your notice should be sent, in writing, to WIZOM’s
address which is set out at the beginning of these Terms.
13.3 WIZOM may at any time, terminate its legal agreement
with you if:
A. you
have breached any provision of the Terms (or have acted in manner which clearly
shows that you do not intend to, or are unable to comply with the provisions of
the Terms); or
B. WIZOM
is required to do so by law (for example, where the provision of the Services
to you is, or becomes, unlawful); or
C. the
partner with whom WIZOM offered the Services to you has terminated its
relationship with WIZOM or ceased to offer the Services to you; or
D. WIZOM
is transitioning to no longer providing the Services to users in the country in
which you are resident or from which you use the service; or
E. the
provision of the Services to you by WIZOM is, in WIZOM’s opinion, no longer
commercially viable.
13.4 Nothing in this Section shall affect WIZOM’s rights
regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal
rights, obligations and liabilities that you and WIZOM have benefited from,
been subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph** 20.7 shall continue to apply
to such rights, obligations and liabilities indefinitely.
14. EXCLUSION
OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15,
SHALL EXCLUDE OR LIMIT WIZOM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT
BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS
IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, WIZOM, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
A. YOUR
USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
B. YOUR
USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C. ANY
INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE, AND
D. THAT
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS
PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM WIZOM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 WIZOM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION
OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH **14.1 ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WIZOM, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH
MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS
SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;
B. ANY
LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR
DAMAGE AS A RESULT OF:
a) ANY
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
b) ANY
CHANGES WHICH WIZOM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE
SERVICES);
c) THE
DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE
SERVICES;
d) YOUR
FAILURE TO PROVIDE WIZOM WITH ACCURATE ACCOUNT INFORMATION;
e) YOUR
FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON WIZOM’S LIABILITY TO YOU IN
PARAGRAPH **15.1 ABOVE SHALL APPLY WHETHER OR NOT WIZOM HAS BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright
and trade mark policies
16.1 It is WIZOM’s policy to respond to notices of alleged
copyright infringement that comply with applicable international intellectual
property law (including, in the United
States, the Digital Millennium Copyright
Act) and to terminating the accounts of repeat infringers.
16.2 WIZOM operates a trade mark complaints procedure in
respect of WIZOM’s advertising business.
17. Advertisements
17.1 Some of the Services are supported by advertising
revenue and may display advertisements and promotions. These advertisements may
be targeted to the content of information stored on the Services, queries made
through the Services or other information.
17.2 The manner, mode and extent of advertising by WIZOM on
the Services are subject to change without specific notice to you.
17.3 In consideration for WIZOM granting you access to and
use of the Services, you agree that WIZOM may place such advertising on the
Services.
18. Other
content
18.1 The Services may include hyperlinks to other web sites
or content or resources. WIZOM may have no control over any web sites or
resources which are provided by companies or persons other than WIZOM.
18.2 You acknowledge and agree that WIZOM is not responsible
for the availability of any such external sites or resources, and does not
endorse any advertising, products or other materials on or available from such
web sites or resources.
18.3 You acknowledge and agree that WIZOM is not liable for
any loss or damage which may be incurred by you as a result of the availability
of those external sites or resources, or as a result of any reliance placed by
you on the completeness, accuracy or existence of any advertising, products or
other materials on, or available from, such web sites or resources.
19. Changes to
the Terms
19.1 WIZOM may make changes to the Universal Terms or
Additional Terms from time to time. When these changes are made, WIZOM will
make a new copy of the Universal Terms available at http://www.wizom.com/Terms-of-Service.html
and any new Additional Terms will be made available to you from within, or
through, the affected Services.
19.2 You understand and agree that if you use the Services
after the date on which the Universal Terms or Additional Terms have changed,
WIZOM will treat your use as acceptance of the updated Universal Terms or
Additional Terms.
20. General
legal terms
20.1 Sometimes when you use the Services, you may (as a
result of, or through your use of the Services) use a service or download a
piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to
separate terms between you and the company or person concerned. If so, the
Terms do not affect your legal relationship with these other companies or
individuals.
20.2 The Terms constitute the whole legal agreement between
you and WIZOM and govern your use of the Services (but excluding any services
which WIZOM may provide to you under a separate written agreement), and
completely replace any prior agreements between you and WIZOM in relation to
the Services.
20.3 You agree that WIZOM may provide you with notices,
including those regarding changes to the Terms, by email, regular mail, or
postings on the Services.
20.4 You agree that if WIZOM does not exercise or enforce
any legal right or remedy which is contained in the Terms (or which WIZOM has
the benefit of under any applicable law), this will not be taken to be a formal
waiver of WIZOM’s rights and that those rights or remedies will still be
available to WIZOM.
20.5 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest of the
Terms. The remaining provisions of the Terms will continue to be valid and
enforceable.
20.6 You acknowledge and agree that each member of the group
of companies of which WIZOM is the parent shall be third party beneficiaries to
the Terms and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of the Terms which confers a benefit on (or rights
in favor of) them. Other than this, no other person or company shall be third
party beneficiaries to the Terms.
20.7 The Terms, and your relationship with WIZOM under the
Terms, shall be governed by the laws of the State of PUNJAB (Pathankot) without regard to its
conflict of laws provisions. You and WIZOM agree to submit to the exclusive
jurisdiction of the courts located within PATHANKOT (PUNJAB) to resolve any
legal matter arising from the Terms. Notwithstanding this, you agree that WIZOM
shall still be allowed to apply for injunctive remedies (or an equivalent type
of urgent legal relief) in any jurisdiction.
Wizom Administration Team
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