Terms and Conditions
You must carefully read and understand these terms and conditions (“Terms”) before downloading, installing, accessing and using the Wocal mobile or desktop application (“Application”) which is owned and operated by Bhaxter Digital Private Limited, having its registered office at B/104, Sunder Park B, Andheri West, New Link Road, Opp. Veera Desai Road, Mumbai, Maharashtra – 400053, India (“Company”).
In case of an organization, company or branch of government, You represent and warrant that You have the authority to legally bind Your company or organization to these Terms, and Your company or organization will be bound by the obligations and restrictions of these Terms. Any and all references herein to ‘You’ or ‘Your’, in such cases, will include your company or organization.
If You do not agree to these Terms or do not have the authority to bind Your organization or company to these Terms, then You shall not access, avail, download or use the Application.
It is understood by You that these Terms shall constitute a valid legal binding agreement between You and the Company.
1. The Application
Wocal, the Application, is a mobile application developed by the Company that allows You to access, share, view and post content (“Content”). This Application provides a platform to its Users for micro-blogging, news-views and social networking with other Users. Users of the Application can access, view, share and post any Content they create or is created by other Users on the Application.
Usage and access to the Application is available to all persons who can be legally bound by a contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register Yourself as a User of the Application and shall not access or use the Application. As a minor if You wish to access or use the Application, such access or use may be made only by Your legal guardian or parents who are competent to enter into these Terms. The Company reserves the right to terminate such use and/or refuse to provide You with access to the Application if it is brought to the Company’s notice or if it is discovered that You are under the age of 18 years.
3. Term and Termination
These Terms, and any version that may be updated and uploaded from time to time, shall remain in full force and effect during Your usage of the Application and certain provisions may continue to apply even after these Terms’ termination. You may terminate these Terms by uninstalling or deleting the Application at any time, for any reason whatsoever. The Company reserves the right to terminate these Terms by deleting Your account or profile without assigning any reasons whatsoever. On termination of these Terms, all of Your profile’s Content and other information related to Your profile may be deleted. However, certain details shall be maintained with the Company for archival and legal purposes. The Company reserves the right to change or update these Terms from time to time. If You wish to not agree to any such changes, You have the discretion to discontinue accessing, availing or using the Application. If You continue to access or use the Application following notice of any such change, such continued usage shall be deemed to be Your acknowledgement to such change, and You will thereafter be bound by such revised Terms.
You hereby consent to receive communications via electronic records from the Company periodically and as and when required. The Company shall communicate with You via the Application or at the time of registration of Your profile on the Application or by any other mode of communication, electronic or otherwise.
5. License and Use of the Application
5.1. Subject to these Terms, the Company hereby grants You a limited, non-transferrable, non-exclusive, non-assignable, non-sublicensable, and revocable license to make personal and non-commercial use of the Application.
5.2. The Application is licensed, not sold, to You, and the Company retains and shall forever retain ownership of all copies of the Application even after installation on Your devices. The Company may assign this license or any part of thereof to any third party without any restrictions. You shall not be allowed to assign, transfer or sub-license Your rights and obligations under these Terms to any other person.
6. Rights in Content
6.1. The Company shall not be responsible for the materials contained in the Content shared or posted by You or in accuracy of such Content accessible, viewed or shared by You through Your use of the Application. You hereby acknowledge that the Application is merely a platform enabling technology that allows Users to search for, view, share, post and access Content on the Application. In no event shall the Company take or have any responsibility or liability towards the Content, accessed or accessible, viewed or viewable, shared or shareable, posted or going to be posted, by use of the Application or for any claims, damages or losses resulting from the use of the Content on the Application to any person.
6.2. You hereby acknowledge and confirm that the Content shared or uploaded by You on the Application is Your property and You own or possess the rights in respect of such Content entitling You to upload/share such Content on the Application.
7. Prohibited Activities
7.1. You hereby agree, undertake and confirm that Your use of the Application shall be strictly governed by, including but not limited to the following:
a. You shall not alter or modify any part of the Application and/or use the Application for any illegal purpose;
b. You shall not re-format or frame any portion of any web page that is part of the Application;
c. You shall not collect or harvest or attempt to collect or harvest any personal data, or any other kind of information about other Users, including without limitation, through spidering or any form of scraping. Further, You shall not use any robot, spider, offline readers, site search and/or retrieval application, or other device to retrieve or index any portion of the Application, with the exception of public search engines; use any robot, spider, scraper or other automated means to access, analyze or copy the Application and/or any information (whether the Company’s information or other Users information);
d. You shall not post advertisements, promotions or solicitations of business or solicit Users or post spam or any other form of solicitation or spam; post or transmit any communication or solicitation designed or intended to obtain the password, account or private information from any other User;
e. You shall not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity, for example, by registering an account on the Application in the name of another person or company, or sending messages or making comments using the name of another person, impersonating other Users, or otherwise faking Your identity;
f. You shall not rent, sell, transfer, lease or offer to sell or transfer access to the Application and/or any Company’s account or permit any third parties to use Your name and password, or any Content on the Application;
g. You shall not resell or commercially use the Application or any of its Content, or download or copy account information for the benefit of Your-self or any third-party. The Application is for personal non-commercial use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose;
h. You shall not authorize any third party to use Your account;
i. You shall not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation; or use the Application for any illegal or unauthorized purpose; You agree to comply with all local laws applicable to Your conduct on the Application and the content and information, including but not limited to hyperlinks, images, videos, text, that You upload, store, share or transmit using the Application;
j. You shall not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Application or on any Content appearing on the Application. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of the Company or other Users. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks. Any unauthorized use of the same shall immediately terminate the permission or license granted to You by the Company. You shall not use the Company’s logo or other proprietary graphics or trademarks as part of any link without the Company’s prior written permission;
k. You shall not employ scraping and/or other similar techniques to aggregate, repurpose, adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit the Content except via the features as provided in the Application;
l. You shall not, permit any third party to copy or adapt the object code of the Application, or reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Application, or circumvent, or attempt to circumvent, or copy any deployed copy-protection mechanism, or access any rights management information pertaining to Content;
m. You shall not transmit any viruses, worms, defects, Trojan, cancel bots, spyware, other items of a contaminating or destructive nature, adware, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology harmful code, flood pings, malware, bots, time bomb, worm, or other harmful or malicious component through the Application or engage in any activity using the Application which may overburden, impair or disrupt, destroy or damage the Application or networks forming part of, or connected to, the Application, or which shall or might restrict or inhibit any other User’s use and enjoyment of the Application;
n. You shall not stalk, exploit, threaten, bully, molest, intimidate, abuse or otherwise harass any User of the Application, or any of the Company’s employee;
o. You shall not violate, circumvent, or attempt to violate or circumvent, any data security measures employed by the Company; access or attempt to access data or materials which are not intended for Your use; log into, or attempt to log into, any account which You are not authorized to access; attempt to scan or test the vulnerability of the Company’s server, system or network, or attempt to breach the Company’s data security or authentication procedures; attempt to interfere with the Application by any means including, without limitation, hacking the Company’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
p. You shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 of India and rules thereunder, as applicable and as amended from time to time, and also all other applicable domestic and international laws, rules and regulations.
q. You hereby agree to comply with all the above conditions and hereby acknowledge that the Company has the right, in its sole discretion, to terminate Your account on the Application or take any action as, in its sole discretion, is necessary, if You breach any of the above conditions or any of the other provisions of these Terms;
r. You understand that the Company has the right, at all times, to disclose any information (including the identity of the persons providing the Content on the Application) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, the Company can (and You hereby expressly authorize the Company to) disclose any information about You to any law enforcement or other government officials, as the Company, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury;
s. Throughout these Terms, the Company’s prior written consent means a communication coming from the Company’s legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization and any other communications from the Company in relation to any prior written consent or otherwise does not authorize You to execute Your request;
8. Third Party Content
8.1. No part of the Application and none of the Application’s Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. The Company shall have all the rights to take necessary action and claim all damages in case of any violation. Such action may also involve terminating Your permission to use the Application by deleting Your account on the Application.
8.2. You may use general information about the Application expressly permitted, provided that You: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such Content only for Your personal, non-commercial, informational purpose unless agreed otherwise through an agreement, and do not copy or post such Content on any networked computer or broadcast it on any media; (iii) do not make any modifications to any Content; and (iv) do not make any additional representations or warranties relating to such Content.
9. User Representations, Warranties and Disclaimers
9.1. THE APPLICATION, ITS FEATURES AND CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. The Company, their officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, “Warranties”) of merchantability and fitness for a particular purpose are disclaimed. In no event shall the Company be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the usage of the Application, even if advised of the possibility of such damage.
9.2. You agree that Your access and usage of the Application shall be at Your sole risk. To the fullest extent permissible by law, the Company disclaims all warranties, express or implied, in connection with the access and usage of the Application.
9.3. The Company makes no representations or guarantees that use of the Application will always be free from loss, destruction or damage to the User or that there will be no unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information of Users stored therein, corruption, attack, any interruption or cessation of transmission to or from the Application, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Application by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the Application. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services of the Application or any hyperlinked services or anything featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of such products or services.
9.4. Without prior notice, the Company may modify, suspend, or discontinue any part or all of the Application or Your usage of the Application. In such event, the Company shall not be liable to You or any third party.
9.5. The Company makes no guarantees, representations, or Warranties that the Content accessible or viewable through the Application by any User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You hereby agree that You assume all risk as to the quality and performance of the Application and the accuracy and completeness of the Content on the Application.
9.6. You understand and confirm that You may encounter offensive, indecent, or other objectionable content while using the Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Your personal information due to and in the course of Your usage of the Application, and that the recipient of such personal information may use such information to harass or injure you. The Company does not approve of such unauthorized use, but by using the Application, You acknowledge and agree that the Company shall not be responsible and/or liable for any illegitimate use of Your personal information so obtained by others. Notwithstanding any reasonable efforts taken by the Company, the Company shall not be responsible, or in any way, control the Content made, shared, posted for access, and viewing through the Application.
11.1. Your correspondence or business dealings with, or participation in, promotions of advertisers found on or through the Application, including any payment and delivery of related products or services, and any other terms, conditions, Warranties or representations associated with such dealings, are solely between You and such advertiser. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on the Application.
11.2. The Company shall have all the rights to take necessary actions and claim damages that may occur due to Your involvement/participation in any way on Your own or through any group/s of people, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services) attacks.
11.3. All communications to You from the Company including but not limited to its directors, employees, etc. or from You to the Company and/or its directors, employees, etc. shall be strictly confidential and cannot be used by You against the Company.
12. Intellectual Property Rights
12.1. The copyright, trademark, patent or any other intellectual property rights in the Content of the Application (including, without limitation, all designs, logos, names, text code, processes, data, information links) are owned by the Company or the respective third-party entities as identified in the Application. No license or right is granted to You and Your usage of the Application shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, You shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the prior written permission of the Company.
12.2. You shall not download or encourage others to download copyrighted works, trademarks, or any other proprietary information without obtaining the prior written consent of the owner of the Content. In the event of infringement, the Company shall, on its own sole discretion, take all necessary steps.
13.1. You hereby agree to indemnify, defend and hold the Company, its officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incidental to, or resulting directly or indirectly from the usage of the Application in any manner inconsistent with these Terms.
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL, THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS, OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF REASONABLE CARE, FOR ANY KIND OF NEGLIGENCE AND/OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APPLICATION AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF ANY THIRD PARTY THAT IS BEYOND THE CONTROL OF THE COMPANY OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE APPLICATION OR RELATING TO THE CONTENT OR DATA PROVIDED BY THE USER.
15. Law, Jurisdiction and Arbitration
15.1. The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts at Mumbai.
15.2. Any and all disputes arising under or in relation to these Terms shall be referred to arbitration before a sole arbitrator appointed in accordance with the Indian Arbitration Act, 1996 (“Act”). If the parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Act, the parties shall approach a competent court under the Act for appointment of the sole arbitrator. The arbitration proceedings shall be carried out in accordance with the Act and the rules framed thereunder and the seat of arbitration shall be Mumbai. The arbitration proceedings shall be conducted in English language. The arbitrator’s award shall be final and undisputable by both the parties.
If any provision in these Terms become invalid or illegal or adjudged unenforceable, that provision shall be deemed to have been severed from these Terms and the remaining provisions of these Terms shall not, so far as possible, be affected by such severance.
The failure of the Company to enforce, at any time, any of the provisions of these Terms shall not be construed to be a waiver of the Company’s rights, powers, privileges or remedies, or as a waiver of any preceding or succeeding breach on Your part of these Terms nor shall any single or partial exercise of any right, power, privilege, or remedy preclude any other or further exercise of such or any other right, power, privilege, or remedy contained in these Terms, all of which are several and cumulative and are not exclusive of each other, or of any other rights, or remedies otherwise available with the Company in law or in equity.
18. Force Majeure and Act of Third Parties
The performance of any part of these Terms by the Company shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of the Company or act of any third party beyond the control of the Company including but not limited to hacking, data theft, unauthorised usage or access to Your or anyone’s account, impersonation, fraud, misrepresentation, etc.
The Company can update, modify, alter, suspend, discontinue or change any part of these Terms from time to time. The revised Terms shall be posted here, on this link: [●] as well as notified on the Application as and when the Terms are revised. Users shall be responsible for regularly and periodically checking the abovementioned page to stay informed about the changes made to these Terms. The revised Terms shall be effective from the date stated on the revised Terms. You hereby acknowledge and agree that, it is Your responsibility to review these Terms periodically, and become aware of any modifications. If You disagree to any of the changes to these Terms, You shall not access or use the Application. Your continued access or usage or availing the services/ features of the Application following the revised Terms being notified will be considered as indication of Your acceptance and acknowledgement of the changes to the revised Terms and You shall then be bound by the same.
These Terms, and any modifications, alterations or amendments hereto, shall remain in full force and effect while Your usage of the Application and the provisions related to this Clause, Clause 11.3, Intellectual Property (Clause 12), Warranties (Clause 9), and Indemnity (Clause 13) shall survive and continue to apply even after termination of this Agreement.
21. Notices and Take Down Policy
21.1. Notice is specifically given that the Company shall not be responsible for the Content on the Application or any advertisement accessible through the Application. The Company reserves the right to remove and/or disable access to the Content claimed to infringe third-party rights or contravenes these Terms and/or terminate the accounts of such Users of the Application who may infringe upon intellectual property or other rights of the Company and/or any other third-parties. The Company’s policy on taking down Content based on User requests, in accordance with the law, may be accessed at: [●]
21.2. All notices to the Company hereunder shall be made in writing and shall be considered duly given if delivered, personally, or sent by registered mail with return receipt requested, or emailed to the following email: [●]
21.3. You may also contact the grievance officer of the Company at the following address:
Attention: Mr. Sahil Narayan
Designation: Grievance Redressal Officer
21.4. Takedown requests may also be made by submitting a duly filled and completed form, which can be accessed at through the Application itself.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I have read and understood these Terms and I hereby, out of my own free will, unconditionally accept to be bound by the same.
These Terms have been adopted on September 03, 2019.