TERMS AND CONDITIONS OF USAGE
PLEASE READ THESE TERMS & CONDITIONS FOR USAGE BEFORE PROCEEDING FURTHER. These terms of service and usage form a part of a legal agreement between Wootag Pte. Ltd. (wootag) and you or the Company represented by you (Customers). In case you are registering on behalf of a company you represent and warrant that you have the legal authority to bind the entity to this agreement. These terms govern the use and access of any wootag services (as defined in clause 2) available through its website (http://www.wootag.com/), applications (including mobile applications) or by any other means, to the Customers.
BY SIGNING UP FOR AN ACCOUNT, you agree to accept these (i) terms, and (ii) Wootag's Privacy Policies and consent to the legally binding contract between wootag and yourself, that governs these TERMS & CONDITIONS FOR CUSTOMERS. If you do not agree to these terms please do not use or sign in for our services.
Please check these terms periodically for changes. Using our services following the posting of changes to these terms will indicate that you accept them as changed.
In this agreement, wootag may also be referred as "our", "us", or "we"
1. ACCOUNT AND SECURITY
For using some of the features of wootag, you might be required to create an account or login via your existing google or Facebook account. Each Customer can have only one account. On registering for your account, you must provide for all true and correct details and you will be responsible for keeping it accurate. You must be 18 years or old for using wootag services. Individuals below 18 years of age required to create an account only under parental guidance.Your account is secured by your password. It is your responsibility to keep your password safe. Any unauthorised use in your account or breach of conditions must be reported immediately to wootag. Any unauthorised activity in your account owing to your actions or non- action, might cause it to be suspended or terminated.
- wootag provides a platform to digitally market your products through interactive videos and can be accessed via free and paid versions (“collectively services”). The services that we provide might change in its form or content over a period of time without any prior notice. These terms shall be applicable to all Customers including visitors, users, viewers and contributors to the wootag services. Services shall include all characteristics of wootag, including all soft wares and associated applications. These services may be provided directly by wootag or via our third party partners.
- A Customer may choose from any of the existing plans available on our website (http://www.wootag.com/pricing). Each Customer shall have access to the usage as provided under the plan. All plans are based on the monthly bandwidth limits calculated from the date of activation. In case your bandwidth limit is exhausted you will be notified and given an option either to upgrade your account or pay for the extra bandwidth consumption based on the current overage rate for your account.
- Changes: We have the right to make any changes or discontinue any pricing or plans. These changes in the plans or pricing shall be notified to the Customer by giving 30 days’ notice.
3. CUSTOMER CONDUCT AND CONTENT
- CONDUCT: You shall be solely responsible for any content posted on wootag applications. You must comply with all the existing applicable laws and make sure that you have necessary rights and warranties when posting any content via our services. You also hereby agree that in posting, uploading or submitting any content, you will not (i) transmit messages which might be fraudulent, misleading or deceptive, obscene, tortious, unlawful, abusive, harassing, defamatory or invasion of another’s privacy (ii) share, upload or communicate any pornographic, vulgar, sexually explicit content, child pornography, dangerous or illegal content, defamatory or otherwise offensive content (iii) conduct or upload any videos that is racist or discriminatory to any individual or associations (iv) publish, upload or share any videos that is violent, illegal or encourages any such activities (v) upload or distribute any video or content which contains any software or codes that can damage or interfere with any of our service Customer understands that wootag shall have the liberty to suspend or terminate their accounts in case Customer’s conduct has caused any of the above said breach or contradicts any laws, or if the Customer acts in contrary to basic public morals.
You shall be solely responsible for ownership and consequences of uploading or otherwise submitting any content to wootag through our services. You confirm that any content submitted by you does not infringe or violate any third party rights including any intellectual property or associated rights. wootag shall not be liable for damages to any third party owing to your illegal use, or arising out of your activities. wootag shall have the liberty to terminate your account in case there is a reasonable belief that your actions have caused any such infringements.
Third-Party Content: wootag might contain links or features to connect to and from third party websites. wootag shall not be responsible for any content from such third party site. Using functions or correspondence between you and these third parties is your responsibility and wootag shall in no way be held liable for any damages or misappropriation of data by you or such third party website. You hereby agree that any content downloaded or accessed through third party site shall be at your own risk and you shall be fully responsible and hold wootag harmless from any claims, damages or such dealings as a result of accessing such content or from any third party activities.
4. RESTRICTIONS ON USE
- wootag gives you access to its services and shall have sole discretions in refusing to provide any of its services to Customers without assigning any reasons for the same. As a condition for use of our service, you are subject to certain restrictions and agree to the following:
- You acknowledge and agree that you will not copy, sub license, lease, rent, loan, transfer, modify, adapt, distribute or create derivative, decompile, reverse engineer, disassemble or attempt to extract any source code of any of our services. The Customer agrees not to remove, obscure, or alter any trademark, copyright or any Intellectual property of wootag and its services.
- You agree that wootag services might be interrupted due to any maintenance, upgrades or any technological or other reasons beyond our control. You agree not to hold wootag liable to provide any backups of your data or content or for any damages that might be a result of such interruptions.
- You agree not to make attempts to access any of our services through any unauthorised means or otherwise interfere with any of the security features of our services.
- You agree to abide by all the national and international laws applicable to you for usage of our service.
- On submitting your content, you agree that wootag shall have the right to access any of your contents and disclose any information from the same in compliance with our privacy policies and any existing laws enforceable. By posting your content on wootag, you grant us non-exclusive, royalty free license to use, create derivative, modify, publish, display, adapt or distribute any of your contents for certain purposes like the following: Operating, promoting or improving our service. Showcasing the video on our service Playing and allowing access to the content on third party website through embed players Enabling other users to play, download, and embed the content on third party website Preserving the content, if needed for any legal disputes.
- wootag shall make all the commercially reasonable efforts to provide any technical support to the Customers for carrying out its services. Any support services provided for inquires relating to service not owned by Wootag shall be chargeable by us.
- wootag shall in its own discretion provide but is not legally bound to provide back -ups of any content uploaded on its applications. A Customer is advised to have back-ups of all its contents here.
6. PLANS and PAYMENT:
- Plans: wootag offers various subscription plans for accessing its services. Customers are also offered a free version of our service with limited features. In addition to free version we also offer paid services. The details of our pricing plans can be accessed (http://www.wootag.com/pricing). All pricing are subject to taxes.
- Payments: In cases where the customer opts for a paid version, it agrees to make payment to wootag through any of the approved wootag mechanisms. All purchase made and fees once paid is final and non-refundable to Customer. In case of credit card payment, the Customer hereby authorizes wootag to collect (whether directly or indirectly) such amounts by charging the Customers credit card (details of which were provided by the Customer), via a third party online payment processor or by one of the payment methods described in the wootag site. 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.
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.
- 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.
- 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.
For more details please visit our contact page.
In case you have any complaints or questions please write to us at our contact emails.