The Customer acknowledges and agrees that wootag cannot control any fees that may be charged to the Customer by its bank in relation to the payment of charges and the Customer shall be wholly responsible for the same. All charges are payable in US Dollars.
Free Trial: wootag may at its absolute discretion, from time to time, offer free trials of the Service to Customers ("Free Trial"). The duration and scope of each Free Trial is at the absolute discretion of Wootag Pte. Ltd. and will be as described on the Website. The Free Trial cannot be used in conjunction with or combined with any other offer by Wootag Pte. Ltd. The Free Trial is only open to new Customers. If a Customer has previously received a Free Trial, the Customer will not be eligible for another Free Trial. Each Customer may only receive one Free Trial for the duration of the Free Trial. The Customer acknowledges and agrees that Wootag Pte. Ltd. reserves the right to cancel, revise, modify or change the terms of the Free Trial at their absolute discretion. Any such cancellation, revision, modification or change will be notified to the Customer and deemed accepted upon the Customer's continued use of the Service. The Free Trial Period shall be for a specified time period and at the end of the same, wootag will have the liberty to terminate the services of Customer unless Customer pays the charges for these services.
Upgrades: In case a Customer account exceeds the bandwidth consumption under the current subscribed plan, it shall be offered to upgrade its services or pay extra for the consumption. A Customer can otherwise upgrade from the existing subscriptions or free plan to a paid plan through our website.
A subscription when purchased on monthly or yearly basis shall be renewed automatically unless you terminate the subscription. In case a Customer terminates the subscription, all the content shall be cease to be available if the subscription in not renewed within 3 months from such termination of the accounts.
7. INTELLECTUAL PROPERTY AND PRIVACY
Wootag's Intellectual Property The services on our applications and also Trademarks, Copyrights, logos, names, trade secrets or any other form of Intellectual Property are owned by Wootag. All right, title or interest on content of our services (excluding Customer generated content) are owned exclusively by Wootag. You agree not to copy, alter, distribute, display license or otherwise do any act including but not limited to downloading or selling any of our content without prior consent of Wootag. Any such attempts by the Customer shall constitute infringement of Wootag's Intellectual Property and give us the liberty to terminate your account and recover damages.
Customer's Intellectual Property By signing up for our account, the Customer shall have a limited, non-exclusive, non-transferrable right to access and use Wootag content and services, subject to the terms and conditions mentioned. Any content uploaded or submitted to Wootag by you, shall be your Intellectual Property. On submitting the content to us, you give us a worldwide, royalty free license to use, distribute, broadcast, publish, syndicate, make derivatives, modify, display or make available such a content to anyone for limited purposes of operating, promoting or improving our services in any form or manner and such purposes as described in clause 4(b). The Customer shall be solely responsible for content it has uploaded and its consequences thereof including its use by third party. Wootag does not guarantee and confidentiality of contents uploaded by the Customers. Wootag shall further not be liable for infringement or misappropriation of your content through any third parties and the Customer must protect its information by taking necessary action when needed. The Customer understands and agrees that in addition to its own content it shall have access to content of other Customers for viewing purposes only. The Customer also agrees that it shall not make any illegal attempts to access or use contents of co Customers except for personal non- commercial needs.
Third-party Intellectual Property Any data or content uploaded by third party website shall be Intellectual Property of such third parties. The Customer agrees that it shall not make attempts to copy or illegally use contents of such third parties without prior authorisations from them.
Privacy: Customer understands that it is bound by Wootag Privacy Polices in respect of treatment of Customer information and Intellectual Property or any other complaints and Wootag makes every endeavour to protect Customer privacy and copyright contained in it.
IP or Copyright Violations: Please report any IP violations by visiting our help centre.
8. TERMINATION
You can terminate your account anytime with or without any cause. We may terminate your account anytime without assigning any cause, or on any of the following grounds:
You have not complied with any of the terms here or have acted in breach of any of these terms or any existing laws enforceable.
Any of the content posted by you either promotes pornography, obscenity or violence or any acts as specified under clause 3 of these terms and conditions of usage.
If we think that any of uploads or comments by you are disturbing or harassing to any Wootag Customers.
If use of any of our services by you violates any rights of any third party
If any of the government or court directs Wootag that providing services to you is contrary to any existing laws enforceable or violates any third party rights, we can suspend you accounts.
Effects of Termination: Upon termination both parties agree to the following:
All Customer content shall be ceased to be available on our applications within a period of 3 months.
Wootag may in its own discretion, terminate or archive any content of a terminated Customer and shall not be obliged to provide any copies of the same to the Customer.
In case the Customer is subscribed to a paid version, no refund shall be made of any balance amount.
Each party shall return to the other any confidential information of the other.
Clauses 7, 8(d), 9,10,11,12 and 13 of this agreement shall survive termination.
INACTIVITY:In case we find that your account has been inactive for a reasonable period of time of 6 months, we may terminate your accounts. Customer understands and acknowledges that wootag shall not be liable for any damages that may arise from such above stipulated terminations. Customer also agrees that with such terminations, wootag shall not be under any obligation to provide any data stored on its services and shall have the liberty to delete the same form its system server site and applications.
9. CONFIDENTIALITY
During the course of using our services, each party (Wootag or Customer) could disclose to the other Confidential Information (as defined in this Clause 9). Confidential Information includes but is not limited to information of a commercial, technical or financial nature whether or not designated "Confidential" or under any similar legend indicating the confidentiality of the information as disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) or any of its employees or agents of the Receiving Party, except such information as is previously known to the Receiving Party without an obligation of confidentiality or is public knowledge or publicly disclosed by the Disclosing Party either prior to or subsequent to the Receiving Party's receipt of such information from the Disclosing Party. For avoidance of doubt, all Customer information shall be deemed as Confidential Information.
The Receiving Party shall hold such confidential information in trust and confidence for the Disclosing Party and shall not use it except in furtherance of the purpose set forth in this Agreement, nor publish, disclose or disseminate it, except as may be authorized by the Disclosing Party in writing. The Receiving Party shall further be responsible for the compliance of the foregoing by its employees or agents.
The obligation of confidentiality in this Clause9 does not apply to the extent disclosure is required by law or the listing rules of a stock exchange or government or statutory body with authority to regulate or direct either or both of the Parties to this Agreement.
10. INDEMNITY, WARRANTY AND DISCLAIMERS
Indemnity The Customer agrees to indemnify, defend and hold harmless, Wootag, its employees, subsidiaries, partners, associates, consultants or agents against any claims or liabilities that may arise as a result of: (i) your content or your usage of our services, or (ii) your acting in breach of these terms and conditions of use, (iii) your actions that have violated third party rights including but not limited to any Intellectual Property, patents, copyrights, trademarks or rights of such nature, (iv) your actions which are in violation of any existing laws, rules, or statues applicable (v) your actions causing damages to third parties
Warranty and disclaimers Wootag does not warrants and disclaims all responsibilities from any errors or omissions, inaccuracy of services. It is agreed and accepted by the Customers that Wootag provides its services on ‘as is’ basis and does not make any warranty of any kind whatsoever weather express or implied including but not limited to warranties of merchantability, fitness or any special use, non-infringement, accuracy of information and any said condition. Customer further agrees that Wootag makes no warranties that the services of Wootag will meet your requirements or will be error free, uninterrupted or guarantee any results or that any defects will be made correct.
Wootag takes all reasonable steps to ensure that the information provided in the services is correct. It in any case does not guarantee the correctness or completeness of any material on any of its services. We can make changes constantly to our services. The materials are provided without and warranties and access and use of our services, is on ‘as is’ basis without any commitments about the content.
Customer warrants that it has full authority to upload, submit or become a member of our services. It further warrants that any content downloaded or accessed through our services shall be at Customers own risk and consequences. Customers also warrants that any content uploaded or submitted to our services is not against any existing laws applicable, and is legal in every place from where the content can be shared.
The Customer hereby represents and warrants that it does not violate any third party rights and has necessary rights, licenses and authority to submit all such content.
11. LIMITED LIABILITY
Customer agrees that Wootag shall not be liable for any damages in failure to perform services due to (a) any act, omissions, breach or hacking of our services by the Customer or any third party, or (b) interruptions in service because of any scheduled maintenance of our service. Customer also agrees that Wootag shall not be liable in any circumstances for any special, consequential, direct or indirect, exemplary or economic damages, or any loss of goodwill or intangible services that may arise due to use or non-use of any Customer content or inability to perform our services due any technical or other issues or unauthorised use of our services or any of its content. In states where such an absolute exclusion of incidental or consequential damages are not allowed, the maximum aggregate liability for all or any such damages shall not exceed an amount of (a) US $ 100 only in case of a free version and (b) an amount not exceeding the total amount paid to us during the preceding one year in case pf a paid version. Wootag shall not be held liable for any damages that may arise due to any defamatory, unlawful or illegal conduct on the part of third parties to the Customers.
12. COMPLIANCE With LAWS and Arbitration
Both parties agree that they will ensure compliance with the existing laws to which they are subject. These terms are governed by and construed in accordance with laws of Singapore. In case of any dispute, the agreement will be governed by laws of Singapore. Both parties shall make attempts to settle the dispute amicably between themselves. In case such amicable settlement is not arrived at, both parties shall be subject to rules of Singapore International Arbitration Centre (SIAC). Such a dispute will then be settled by single arbitrator appointed as per SIAC rules in Singapore. The decision of the SIAC will be final and binding on parties involved. Both parties shall have the right to seek equitable relief in a court of competent jurisdiction as it may choose, in addition to the above relief granted by SIAC.
13. General
You acknowledge and agree that you are 18 years or old and you are fully competent to enter into these terms and conditions of our service and abide by and comply with these terms.
Any claim arising out of your relationship with Wootag must be filed within one years from the date when such claim arose, otherwise the same shall be permanently barred.
You cannot assign any obligations, rights or interests arising out of these terms to any third party but Wootag shall have the liberty to do so.
The agreement constitutes an entire arrangement between Customer and Wootag and governs use of our services and supersedes all prior arrangements between you and us.
The effective date of these terms of use is 10th October 2014. These terms are written in English and in case of any conflicting translations the version of English shall be final and bind both the parties hereas.
For more details please visit our contact page. In case you have any complaints or questions please write to us at our contact emails.