Terms of Service
Effective Date: 1st April 2019
All eWe Websites (this includes websites optimized for viewing on mobile devices, tablets etc), apps created and published by eWe, newsletters distributed by email, any other communications from eWe, however they may be accessed, that are either operated, produced or made available by eWe or maintained by eWe or any combination of the above (referred to as ‘Services’), that link to the Terms of Service, are covered under the policies mentioned below.
This agreement constitutes a legally binding agreement between you (user) and eWe when you accept the terms and conditions for the use of the Services. These terms and conditions with all updates, additions, rules, policies and supplements collectively make up this ‘Agreement” between you and eWe
1. License to Access eWe’s Services
2. Account Registration and Security
As You know You will need to create an account to have access to the Services. In this account, You will: (a) provide true, current, accurate and complete information about Yourself during registration, sign-in or subscription on the Services page (such information being the “Registration Data”) this will include but not limited to mobile number, email address, upload photo of Address proof (Aadhaar Card, Bank Passbook or Passport), Valid Indian Driving License and Photo of self taken from the app – (Selfie) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we find that you have provided any information that is untrue, not current, inaccurate or incomplete, or eWe has reason to suspect that such information is untrue, not current inaccurate or incomplete, eWe has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for any and all activities that occur under your account. The security and confidentiality of your pin and account is your responsibility. eWe must be immediately notified of any unauthorized use of your account or any other breach of security of which you become aware. You must not share your account information or your user id and pin with any third party nor must you give permission to any third party to logon to the Services using your account information. It is your responsibility to take sufficient precautions and security measures best suited for your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (for instance in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).
3. Trademarks/No Endorsement
All trademarks, trade name and service marks of eWe used herein (including but not limited to: eWe name, eWe corporate logo, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of eWe or its affiliates, partners, vendors or licensors. Without prior consent, You must not use eWe’s name, pictures or symbols which could imply eWe’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature. You must not use, upload, copy, post, reproduce, republish, distribute, transmit or modify eWe trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Service without eWe’s prior written consent.
4. Copyright and Ownership
All the content featured on the Services, including but not limited to text, graphics, images, photographs, moving images, illustrations, sound (Content) is owned by eWe, its licensors, vendors, agents and / or content providers. All the components of the Services including the general design and the content are protected by copyright, trademark and other laws relating to intellectual property rights. Unless permitted by copyright law, you must not copy, transmit, perform, reproduce, distribute, display, license, publish, create derivative works from, transfer or see anything contained on the Services. You must obtain permission before reusing any copyrighted Content that is available on the Services, except if authorized under copyright laws. The Services must be used only for the intended purpose for which they are being made available. You are obliged to comply with all domestic and international laws, regulations regarding your use of the Services. You will not remove any copyright, trademark or other proprietary notices from the material found on the Services. The Services, Content and all related rights shall remain the exclusive property of eWe or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed.
5. Solicited Submission Policy
eWe may sometimes invite comments and request submissions and encourage you to submit content eg. participation in blogs, tips etc in connection with the Site (‘Submissions’). These Submissions are the intellectual property of the individual user. When you post this content on eWe site / app, you expressly grant eWe a non-exclusive, irrevocable, perpetual, royalty free, fully paid up worldwide, fully sub licensable right to use, modify, publish, adapt, reproduce, translate, distribute, transmit, create derivative works and display this content and your name, voice and/or likeness as contained in your Submission, in whole or part, or in any form anywhere in the world in any media or technology platform, whether now known or discovered hereafter, including all promotion, advertising, merchandising, publicity, marketing and any supplementary uses thereof, including the right to sublicense such rights, in perpetuity throughout. All such Submissions are deemed non confidential and eWe shall be under no obligation to maintain the confidentiality of such information, in whatever form, container in any Submission.
6. Inappropriate User Submissions and Inappropriate Materials
7. Content Published by the User
Submissions by the User and Content published by the User do not represent the views of eWe or any individual associated with eWe, nor do we control this Content. eWe does not claim accuracy or give any credibility to any content and submissions published by Users through our Services. eWe cannot be held responsible or liable for any actions you may take after viewing such User Submissions and Content. In no event shall you represent or suggest, directly or indirectly, eWe’s endorsement of user published Content. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, inappropriate, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using our Services, you assume all associated risks.
8. Right to Takedown Content
9. Access and Interference
You must not use any scraper, robot, spider or other such automated means to access the Services for any purpose unless you have our express written permission. Furthermore, you agree that you will not: (i) interfere or attempt to interfere with the normal working of the site or any activities conducted on the Services; (ii) take any action that inflicts, or may inflict an unreasonable or unduly large load on our infrastructure; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
10. Transactional Partners
Sometimes, we may partner with another entity to co-promote their services within our Services. This may lead to you transacting directly with the other entity. You will clearly see the other transactional partners’ brand and terms of service on these partner pages you visit. You are bound by the partner’s terms of service in addition to remaining bound by eWe Terms of Service. When there is a conflict between eWe’s Terms of Service and the partner’s terms of service, partner’s terms of service will prevail.
11. Third Party Links
When you access links to websites that are not owned, operated, controlled or maintained by eWe and / or its affiliates, you leave the Services. These links are only provided as a convenience to you. Additionally, neither we nor our affiliates endorse, guarantee, or make any warranties regarding these other websites, their content, material, nor are we responsible for any content located or accessible from these other websites. You can choose to access these other websites linked to our Services, entirely at your own risk.
Either you or we may terminate the right you use the Services at any time, with or without a reason. In case (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us, we may block your access to our Services.
Representation and Warranties, Disclaimers and Limitation of Liability
1. Representations and Warranties
You are over the age of 18, are authorized to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the Terms of Service forming part of this Agreement. Additionally, you represent and warrant that your Submissions and all parts thereof are (a) owned or controlled solely and exclusively by you, you have prior written permission from the rightful owner of the content included in your Submissions, or you are otherwise legally entitled to grant eWe all of the rights granted herein; and (b) eWe’s use of your Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including without limitation rights of publicity and privacy, and defamation. You shall be solely responsible for your own Submissions and the consequences of posting or publishing them.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ALL INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER EWE, NOR ANY OF ITS AFFILIATES GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER EWE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EWE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
3. LIMITATIONS OF LIABILITY
EWE WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE, OR OTHER DEVICES ON ACCOUNT OF VIRUSES OR ANY OTHER REASONS, AS A RESULT OF ACCESSING OR USING OR BROWSING OR DOWNLOADING OF ANY DATA OR INFORMATION FROM THESE SERVICES. EWE DOES NOT ASSUME ANY RESPONSIBILITY FOR THIS. UNDER NO CIRCUMSTANCE WILL EWE OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES BE MADE ACCOUNTABLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, OR THE DATA, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN CASE OF ANY ISSUES WITH THE SERVICES OR ANY DATA OR INFORMATION ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the State of Telengana, India. You consent to the exclusive jurisdiction of the state courts located in Hyderabad, Telangana, India. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
2. Force Majeure
Neither eWe nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
You have agreed that you will indemnify and hold eWe and any affiliated parties harmless from any and all expenses, costs and liabilities, including reasonable attorneys’ fees, in connection with (i) any claim or damages that arise as a result of any user Submission that you provide to eWe, including but not limited to any claim or damages arising from a defamation or invasion of privacy claim; (ii) your violation of any law, rule or regulation of India or any other country; (iii) any other party’s access and use of the Services with your unique user ID, pin or other appropriate security code; (iv)your violation of any third party right, including but not limited to any right of privacy, publicity rights or intellectual property rights; (v) your violation of any terms of this Agreement, including but not limited to, your breach of any of the representations and warranties above; or (vi) the use of the Services by you or persons authorized by you, your user Submissions or any other content, information, data or message placed or transmitted by you.
If you have a dispute with one or more other users of the Services, you release eWe (and our agents, officers, directors, employees, joint ventures and subsidiaries) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our Services, and there may be a number of factors out of our control that may interfere with the operation of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by eWe in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context which should survive this agreement shall survive any termination or expiration of this Agreement.