Terms and Conditions
Last updated on October 1, 2022
THE AGREEMENT:
The use of this website and services on this website are provided by Webotic.One (hereinafter referred to as “Website”) is subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this website (“Services”).DEFINITIONS
“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website.“We,” “us,” and “our” are references to WEBOTIC.ONE.
“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website.
“Business card presenter” Employees of the organization present their business cards through the mobile app.
“Business card receivers” are the clients who scan to receive the cards from employees.
“Website” shall mean and include webotic.one and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:- YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WEBOTIC.ONE.
AGE RESTRICTION
You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this website, you represent and warrant that you are at least 13 years of age and may legally agree to this agreement. We assume no responsibility or liability for any misrepresentation of your age.ACCURACY OF INFORMATION
Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.ACCESS TO THE SERVICE
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the service. You are responsible for ensuring that such equipment and services are compatible with the service and, to the extent applicable, the software (as defined below) and complies with all configurations and specifications set forth in Webotic.One’s published policies are then in effect.SERVICES
- In consideration of your payment of the Fees, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your account.
- We agree to use our best endeavors to always make the Platform available. However, from time to time, we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
- Should you be unable to access the Platform, or should you have any other questions or issues impacting your use and enjoyment of the Platform, you must place a request via the contact form or via email to support@webotic.one. We will endeavor to respond to any support requests in a reasonable period.
- You acknowledge and agree that the Platform may be reliant on or interface with third-party systems that are not provided by us (Third Party Services). To the maximum extent permitted by law, we shall have no liability for any Third-Party Services or any unavailability of the Platform due to a failure of the Third-Party Services.
- You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
- Where your account is linked to a business membership, you acknowledge and agree that your employer, the business entity, and third parties may access your data, analytics, or other details related to your use of the Platform.
- To the maximum extent permitted by law, we shall have no liability to you for any loss or corruption of data or any scheduled or emergency maintenance that causes the Platform to be unavailable.
PRODUCTS
- You will be charged for the Products on the basis of volumes and specifications you have selected on our website (Product Fee).
- Title in the Products will pass from us to you upon full payment of the Product Fee.
- Once you have placed your order for the Products, you may cancel your order within 24 hours without charge.
- We may arrange, or a third party may arrange, delivery of the Products to the delivery location you notify us at your cost. We accept no responsibility for delayed delivery times or damage to the Products whilst in transit.
Digital Business Cards Service
- The quantity discount applies to each purchase.
- In the event that the user does not renew their service after three months, the data will be deleted permanently.
- The license is not accompanied by a physical NFC card. The card can be acquired independently.
USE OF INFORMATION
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in the future. We also use this information to gain insights into demographics, product and service popularity, and the effectiveness of our marketing activity. We do not disclose the specifics of this information publicly but may share aggregated and anonymized versions of this information, for example, in website and customer usage trend reports.- We primarily use your personal information for the purposes of granting you access to engage with certain areas of our site, charging you for your subscription, and notifying you of any changes to your account and service.
- We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt-out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us. Use of information
- We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in the future. We also use this information to gain insights into demographics, product and service popularity, and the effectiveness of our marketing activity. We do not disclose the specifics of this information publicly but may share aggregated and anonymized versions of this information, for example, in website and customer usage trend reports.
USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this agreement.ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of webotic.one.- You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
- To violate any of our intellectual property rights or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- To perpetrate any fraud.
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
- To publish or distribute any obscene or defamatory material.
- To publish or distribute any material that incites violence, hate, or discrimination towards any group.
- To unlawfully gather information about others.
SERVICE INTEGRITY
You may not do anything to violate the integrity of the service, including:- Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the service.
- Finding security vulnerabilities to exploit the service or attempting to bypass any security mechanism or filtering capabilities.
- Any denial of service (dos) attack on the service or any other conduct that attempts to disrupt, disable, or overload the service.
- Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the service; or
- Attempting to gain unauthorized access to the service. Spam and Inauthentic Activity on Webotic.One Automated excessive bulk activity and coordinated inauthentic activity, such as spamming, are prohibited on the service. Prohibited activities include:
- Bulk distribution of promotions and advertising is prohibited by Webotic.One term and policies.
- Inauthentic interactions, such as fake accounts and automated inauthentic activity.
- Creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity.
- Using the service as a platform for propagating abuse on other platforms.
- Phishing or attempted phishing.
INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of Webotic.One, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Webotic.One and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Webotic.One. Webotic.One reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Webotic.One in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in India. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in India, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the webotic.one website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Webotic.One, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.