Wagr legal documents
  TERMS OF USE  
 PRIVACY POLICY 
DEVICE AGT. & WARRANTY

PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING “WAGR”. YOUR USE OF THIS APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE SERVICE.

The following Terms of Use (“TOU”) constitute a binding legal agreement (the “Agreement”) between the User and MobiusWorks Private Limited (hereinafter referred to as “Company”), (which expression shall include its successors and assigns), setting forth the terms and conditions (“Terms”) under which the WAGR application (“App”) and any related services (collectively “Services”) will be licensed to the User by MobiusWorks Private Limited.

By accessing, downloading, installing the App, and using the Services, the User represent to the Company that the User is competent to enter into a contract (i.e. User is a major according to Applicable Law, of sound mind and not disqualified from entering into a contract under the Applicable Law) and User have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.

The Company reserves the right to update and change this Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Company’s sole discretion. Continued use of the App and/or Services after any such changes shall constitute the User’s consent to such changes.

***THE FOLLOWING TERMS OF USE STRICTLY FORBIDS THE EUROPEAN UNION USERS FROM USING THE APP AND THE COMPANY RESERVES THE RIGHT TO TAKE ANY ACTION IT DEEMS FIT AGAINST SUCH UNAUTHORISED ACCESS TO THE APP AND/OR THE SERVICES.***

1. DEFINITIONS

Applicable Law” shall mean any law, statute, order, decree, rule, injunction, license, permit, consent, approval, agreement and/or regulation of any government authority, and/or other legislative or administrative action of a government authority, and/or a final decree, judgment or order of a court which relates to and/or shall be rendered applicable, directly or indirectly, to the provisions of this Agreement, and/or the Company.

Modules” shall include any and all features, attributes and user journeys which the User experiences on the App.

Dispute” shall have the meaning ascribed to it in Clause 15.3.

“User” shall mean any legal natural person using the device, service, and/or App provided by the Company.

“Pet/s” shall mean and include any animal that is dependent on the User financially, operationally and/or in any other way, either in whole or in part, and been subject to the Device at the User’s discretion, either solely and jointly with other Users.

2. LICENSE

The Company hereby grants to the User, for the term of this Agreement, a non-exclusive, non-assignable, right and license to use the App and/or Services for the duration of time (hereinafter referred to as the “License Period”). The Company will place the App and/or Services and all the associated technologies on its own standalone cloud servers.

3. COMPENSATION

In consideration for the licenses granted hereunder and any and all services ancillary thereto, the User agrees to pay post a subscription fee as laid down by the Company. For clarification of doubt, the cost of the Device is independent and over and above the subscription fee herein.

4. RIGHTS OF THE COMPANY

4.1. Notwithstanding anything contained herein, the Company retains all rights in relation to the App and/or Services not specifically granted to User herein. For clarification of doubt, nothing in this Agreement for the time being in force shall preclude any and all rights of the Company, which may vest on it, either directly and/or indirectly, under any other contract, applicable law and/or equity.

4.2. The Company reserves the right in its sole discretion to apply any hard limits on any specific attribute or resource on the App and/or Services at any given time without notice in order to prevent degradation of the services provided under this Agreement, or in case of any breach or violation or threatened breach or violation of this Agreement, or in case the Company learns of a possibility of breach or violation of this Agreement which the Company in its sole discretion determines to be appropriate, or to protect the integrity and stability of the App and/or Services and the services associated thereto, or to avoid any liability, civil or criminal, on the part of the Company, or for any other appropriate reason. For clarificatory purposes, it is hereby stated that the User understands, affirms, acknowledges, appreciates and agrees that the Company, is not liable for loss or damages that may result from any of the above.

4.3. The Company reserves the right to discontinue any and all Modules provided to the User under this License for any reason whatsoever. The User affirms, acknowledges, understands, and agrees that nothing in this Agreement expresses and/or implies in any manner whatsoever, any guarantee and/or warranty in relation to any of the modules made available herein.

4.4. Any coupons and promotions provided by the Company are only for limited period of time. Notwithstanding anything contained herein, none of the promotional offers are binding on the Company at any point of time and can be withdrawn with or without providing sufficient cause.

4.5.The Company periodically provides updates, in relation to the App and/or Services. User shall obtain updates only from the Company, and the Company may need to update the User’s device to provide it with those updates. By accepting this Agreement, the User specifically agrees to receive these types of automatic updates without any additional notice. All the terms of this Agreement shall be applicable mutatis mutandis to such updating patches provided by the Company.

4.6.The Company reserves the right to amend, change, upgrade and/or downgrade any and all of the aspects of the App and/or Services and/or the associated services at any point of time for any reason whatsoever.

5. LIMITATION OF LIABILITY

5.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LICENSED APP, AND IN NO EVENT SHALL COMPANY’S LIABILITY TO THE CUSTOMER FOR ALL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VENDOR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO THE USER IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE APP. COMPANY IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, THE LOSS OF OR DAMAGE TO THE USER’S CONTENT AND DOCUMENTS INCLUDING ANY LOSS OR DAMAGE RESULTING FROM THE SUSPENSION OR TERMINATION OF THE LICENSED APP OR THIS AGREEMENT.

5.2. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF COMPANY TO THE USER (ALONGWITH ITS PERMITTED ASSIGNS, AGENTS, EMPLOYEES, HEIRS, SUCCESSORS AND/OR AUTHORISED REPRESENTATIVES) SHALL NOT BE MORE THAN TOTAL COST OF THE SUBSCRIPTION FEE RECEIVED FROM THE USER UNDER THIS TERMS OF USE AT ANY GIVEN INSTANCE.

5.3. THE USER IS RESPONSIBLE FOR MAINTAINING THE SECURITY, INTEGRITY, HEALTH AND BACKUPS OF USER’S DATABASE. COMPANY CANNOT AND WOULD NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF THE USER’S DATA FROM THE USER’S FAILURE TO COMPLY WITH THIS OBLIGATION.

6. GENERAL CONDITIONS, REPRESENTATIONS AND WARRANTIES

6.1. Subject to applicable law, the Company do not warrant the security features adopted to the App and/or device and the User agrees to the consequence arising out of such security compromise.

6.2. The Company do not guarantee the functioning of certain features including but not limited to location services, activity services of the product at the time of device update and/or software update of the App

6.3. The Company shall not warrant for the functioning of the App and/or device services to meet the expectation of any and all User.

6.4. The Company does not warrant the accuracy of the information and/or suggestions provided by the application including but not limited to vets, services, pet boarders, grooming places and every other Pet related service, reliability on the such information/suggestions shall be at the risk of the user.

6.5. The Company does not warrant the accuracy of the information and/or report provided by including but not limited to the Wagr analysis feature, reliability on the feature shall be at the risk of the user.

6.6. The User shall take no steps in attempting to reverse engineer the App and/or Services and/or any associated technologies thereto.

6.7. The Company further represents and warrants that it has no actual knowledge that the App and/or Services infringes any valid rights of any third party.

6.8. The Company warrants that the App and/or Services will perform in accordance with the specifications provided by the Company to the User.

6.9. The User understands, affirms, acknowledges and appreciates that the Company has applied reasonable practices and procedures as may be required by Applicable Law, including but not limited to the provisions of the Information Technology Act, 2000 from the protection of any and all sensitive information that is made available by the User in the due course of this Agreement and that the liability of the Company shall be limited to ensuring the said security measures remain in place at all times during the course of this Agreement.

6.10. The User expressly understands and agrees that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the App and/or Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the App and/or Services; (iii) unauthorized access to or alteration of User’s transmissions or data; (iv) statements or conduct of any third party on the App and/or Services; (v) or any other matter relating to the App and/or Services not specifically laid down herein.

6.11. The User understands, affirms, acknowledges and appreciates that there are third party data processors that make available server space for storage of the information shared by the User and are responsible for maintaining the security, integrity, health and backups of User’s database. The Company cannot and would not be liable for any loss or damage from any breach caused directly by any act/omission of such third party data processor.

6.12. Notwithstanding anything contained herein, the Company reserves the right to initiate any action and/or claim against the User in any manner whatsoever in relation to any actual and/or prospective losses incurred in relation to the Modules provided under this Agreement.

6.13. In the event of a claim by the User under this warranty, the Company shall have the option to update the App and/or Services. In the event that the Company fails to update the App and/or Services within a reasonable period, the User’s sole recourse shall be to terminate the Agreement. In no event shall the Company be liable for any incidental, consequential, or punitive damages as a result of its performance or breach of this Agreement.

6.14. The User specifically represents and warrants that the online environment used, either on premise or on cloud systems, by it to operate the App and/or Services (including but not limited to the Operating System, the plugins and/or such other ancillary software) do not violate any Applicable Law and/or any other third-party license agreements.

6.15. The User specifically covenants for perpetuity (even post the termination of this Agreement for any reason whatsoever), not to disparage or defame the Company in any respect or to make any derogatory comments, whether written or oral, regarding the Company or its current, former and/or future products (including but not limited to App and/or Services) and/or their associated services, along with any and all of the Company’s officers, directors, employees, attorneys, agents, or contracting parties, or the Company’s business or operations.

6.16. All promotions and coupon codes that are offered through the App shall be subject to these Terms of Use. The Company does not have any liability in relation to any actions with respect to such promotions and coupon codes by any third-party and/or any User availing the benefit of such promotions and coupon codes and/or any other third-party.

7. SERVICE LEVEL CLAUSES

Any and all ancillary services provided in relation to the App and/or Services shall be subject to following clauses:

7.1. The Company shall provide all the ancillary services using commercially best efforts.

7.2. The User reserves the absolute right in its sole discretion to approve or reject any and all of the Company’s recommendations, programs, strategies, and proposals, and portions thereof.

8. PAYMENT

8.1. The User can pay by credit card, debit card, net banking and/or any other Reserve Bank of India approved payment method at the time of making such payment which is made available by the Company. The User understands, accepts, acknowledges and agrees that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment for the transactions on the App and/or Services using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity in any manner whatsoever.

8.2. The User agrees, affirms, acknowledges and understands to pay the Company the total amount for the any of license/service made available/provided, either directly and/or indirectly, in relation to the App and/or Services. The Company will collect the total amount in accordance with these Terms and the pricing terms as applicable in that particular transaction along with applicable taxes.

8.3. The User agrees, affirms, acknowledges and understands that the Company cannot control any amount that may be charged to the User by its respective bank related to the collection of the total amount owed to the Company, and the Company disclaims all liability in this regard.

8.4. In connection with any payments in relation to any and all matters dealt with under these Terms, the User will be asked to provide customary billing information such as name, billing address and credit card information either to the Company or the Company’s third party payment processor.

8.5. The User hereby authorizes the collection of such amounts by charging the credit card/debit card provided, either directly by the Company or indirectly, via a third party online payment processor.

8.6. The User agrees, affirms, acknowledges and understands that when it is directed to the Company’s third-party payment processor, the User may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. The User is strongly advised to review such terms and conditions and privacy policy before using App and/or Services.

9. INTELLECTUAL PROPERTY

9.1 Although the User is entitled to use App and/or Services and the associated services, in whole or in part, all Intellectual Property thereon shall vest with the Company and shall also constitute the Company’s Confidential Information.

9.2. Notwithstanding anything contained herein, the Company extends a geo-restricted, non-transferable, revocable license to the User to use the App and/or Services solely for the purposes mentioned herein.

9.3. Notwithstanding anything contained herein, the Company reserves the right to take appropriate action against the User for direct, indirect, incidental and/or consequential infringement of Intellectual Property, the Company shall take appropriate action against the User, which shall include but not limited to the rights specifically laid down under the Indian Copyrights Act, 1957.

10. THIRD PARTY SERVICES

10.1. The User understands, agrees, affirms and acknowledges that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the App and/or Services, including but not limited to third party cellular network companies. It is hereby clarified that the Company shall not be liable for any action/inaction and/or otherwise deficiency of service from such third-party vendors and hosting partners.

10.2. At the instance, the User uses any third-party services in relation to any and all Modules of App and/or Services made available through this Agreement or otherwise, the Company shall not be liable to fulfil any and all obligations under this Agreement.

11. RESTRICTIVE USE ON THE USER

11.1. The User specifically covenants that, he shall not modify, adapt, hack or otherwise decompile the App and/or Services.

11.2. The User covenants that it shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the App and/or Services, use of the App and/or Services, or access to the App and/or Services without the express written permission by the Company.

11.3. Notwithstanding anything contained herein, the User is specifically forbidden from using the App and/or Services for any commercial purpose if not specifically allowed in writing by the Company.

11.4. The User shall not reverse engineer, attempt to decompile or disassemble the technologies exposed to it by the Company;

11.5. The User shall not allow any unauthorised third parties to access, use or support the App and/or Services.

11.6. Notwithstanding anything contained herein, the User shall not use the Device, the App and/or Services for any other animal other than the Pet.

11.7. Notwithstanding anything contained herein, the User shall not integrate the App with any third party devices without the written consent of the Company

11.8. Notwithstanding anything contained herein, the User shall not integrate third-party applications to work with the App without the written consent of the Company.

11.9. The User shall not resell any and all items, including but not limited the Device, the App and the Services, that are subject matter of this Terms of Use without the written permission of the Company.

12. TERMINATION

The following termination rights are in addition to the termination rights that may be provided elsewhere in the Agreement:

12.1. The Company’s Right to Terminate. If the User fails to comply with any term or provision of these Terms of Use, the Company also may terminate this agreement at any time without notice and the user will remain liable for all amounts due up to and including the date of termination;

12.2. The User’s Right to Terminate. The User shall have the right to terminate this Agreement at any time by discontinuing the use of the App and/or Services.

13. POST TERMINATION RIGHTS

13.1. Upon the expiration or termination of this Agreement, all rights granted to the User under this Agreement shall forthwith terminate and immediately revert to the Company and the User shall discontinue all use of the App and/or Services.

13.2. Upon expiration or termination of this Agreement, the Company may require that the User transmit to the Company, at no cost, all material relating to the App and/or Services, provided, however, that the User shall be permitted to retain a full copy of all material subject to the confidentiality provisions of this Agreement.

14. INDEMNITY

The User agrees to defend ,indemnify, and hold the Company, and its officers, directors, agents and employees harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against the Company based on a breach by the User of any representation and warranty made in this Agreement as well as for any third-party claim for infringement of its intellectual property rights based on the User’s erroneous and or mala fide use of the App and/or Services.

15. JURISDICTION AND DISPUTES

15.1. This Agreement and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India.

15.2. Subject to Clause 15.3 below, this Agreement shall be subject to the jurisdiction of the courts in Bangalore, India.

15.3. Any action, Dispute or difference arising under or relating to this Agreement (“Dispute”) shall at the first instance be resolved through good faith negotiations between the Parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a Party has delivered to the other Party a written request for such consultation. If the Parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, the Dispute shall be referred to and finally and conclusively settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.

15.4. The seat as well as the venue of arbitration at all times shall be Bangalore, India.

15.5. All proceedings, including issuance of an arbitration award, in any such arbitration, shall be conducted in English.

15.6. The arbitration shall be conducted by a tribunal of 3 (three) arbitrators. The Parties agree that the User shall appoint 1 (one) arbitrator, the Company shall appoint 1 (one) arbitrator and the arbitrators so appointed shall appoint the third arbitrator.

15.7. The arbitral tribunal will have the power to grant any remedy or relief that they deem just and equitable, including but not limited to injunctive relief, whether interim and/or final.

15.8. The arbitration award shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction.

15.9. The Parties agree to bear their own costs of arbitration until such time that the arbitral tribunal does not pass an award deciding on the costs. The arbitrators may, (but shall not be required to), award to a Party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel).

15.10. When any Dispute is under arbitration, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement.

16. SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.

17. CONTACT US

Anything pertaining to the Terms of Use, please contact our grievance redressal officer by sending an email to [email protected]

Last Updated: This Privacy Policy was last updated on November 28, 2018.

1. DEFINITIONS

The Parties (namely MobiusWorks Private Limited and the User) to this Privacy Policy hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Privacy Policy shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Privacy Policy may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, the meanings of the terms defined in the Terms of Use as well as the Device Agreement executed between the User and the Company shall be made applicable mutatis mutandis to this Privacy Policy:

Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.8.

“Approved Third Parties” shall mean any and all Persons which the User has explicitly and/or by conduct approved to get access, in whole or in part any and all parts of the User’s access to the App and/or the Service.

Collected Information” shall have the meaning ascribed to it in Clause 3.1.

Non-Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.3.

“Pets’ Data” shall include the name, breed, any other personal identification of the Pet, health reports and/or any other information that is collected by the Company through the App, whether or not the connected to the Service.

Public Information” shall mean any information that is available to anyone on or off our Service and/or App and can be seen or accessed through online search engines, APIs, and offline media, such as on TV or YouTube.

“Service” shall mean any and all services that the Company makes available using the Device, the App or otherwise..

“Third-Party Partners” shall include any and all persons, body corporates and/or entities with whom the Company has entered into a contract with any and all matters which are connected to the Service either directly or indirectly.

Usage Patterns” shall include the frequency of use of the App and/or Service of the User, the information about the physical activity of the Users as well as Pets of various Users in aggregated form (whether or not located in a particular geographical location), frequency and nature of usage of each User of any and all of the Services made available through the app, and the overall costs incurred by the User.

“User” shall mean any legal natural person using the device, service, website and/or App provided by the company.

“User Data” shall include the Name, e-mail ID, Phone Number and/or any other information that is collected by the Company through the App, whether or not the connected to the Service.

“Wagr Pack” refers to a group of people within the App who have been granted collective access to the part of the Service by the User.

2. INTERPRETATION CLAUSE

In this Privacy Policy, except to the extent that the context otherwise requires:

2.1. References to a statute, ordinance or other law shall be deemed to include any references to a statute, ordinance or other law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statute, ordinance or other law;

2.2. References to Clauses, are reference to clauses in this Privacy Policy unless the context requires otherwise and the recitals to this Privacy Policy shall always be deemed to form part of this Privacy Policy.

2.3. The headings are inserted for convenience only and shall not affect the construction of this Privacy Policy;

2.4. The masculine gender includes the feminine gender and vice versa.

2.5. In the context of this Privacy Policy, the Parties agree that their respective rights and obligations under this Privacy Policy shall be interpreted, acted upon and governed in accordance with the terms and conditions of this Privacy Policy.

3. DATA COLLECTION AND STORAGE

3.1. The Company shall collect and store the following information (“hereinafter referred to as “Collected Information”):

3.1.1. Activities of all the User and/or his Pet and the information provided by him, including but not limited to their respective locations.

3.1.2. The User’s network and connections.

3.1.3. Device information of the User.

3.1.4. Information from the third-party partners.

3.1.5. Any preferences by the User in relation to utilization of any and all features of the App and/or Service.

3.1.6. Physical activities of Pet including but not limited to the sleeping patterns, the physical motions and distance covered in a particular period, etc.

3.1.7. All the data that the User may provide willingly through the App, including but not limited to e-mail, phone number, address, etc.

3.2. The Company shall use Collected Information for the following reasons:

3.2.1. Share the Collected Information with the User

3.2.2. Provide, improve, develop the Service and/or the App

3.2.3. Communicate with the User in a more efficient and effective manner

3.2.4. To promote safety and security with the User and/or his Pet

3.2.5. For better User experience

3.2.6. For displaying and measuring the services rendered through the App

3.2.7. For research and data analytics and formulating business intelligence.

3.2.8. For communicating to the User about the latest marketing information about the Service and/or the App, including but not limited to offers and promotions that can be availed by the User.

3.2.8. For formulating and streamlining future line of services and products.

3.3. The Company reserves the right to share the Collected Information which can be used for personal identification of any User and/or his pet (hereinafter referred to as “Non-Aggregated Collected Information”) only in the following instances:

3.3.1. When a User is tracking his Pet, the location specific information about his request to any third-party that the User deems fit, along with any additional information.

3.3.2. When a User in his discretion shares any Pet Activity with any third person.

3.3.3. If a particular service or a part of such service is availed by the User through the App which is primarily performed by any third-party, to such third-Party.

3.3.4. If required under applicable law or for a bona fide purpose to facilitate a judicial proceeding.

3.3.5. In case of violation or perceived violations of any of these clauses in the Privacy Policy, this policy and/or any other policies of the Company.

3.3.6. In case of violation of any third-party rights, including but limited to that of a third-party Service Provider.

3.3.7. In case of change of ownership of Company, to such new owner.

3.4. The User understands, acknowledges, affirms and agrees that the company shall reserve the right to share the data collected from the device, which shall include but not be limited to data relating to real time location, saved locations like home and/or safe zone, and/or activity monitoring data, to third-party for the purposes laid down in Clauses 3.2 and 3.3.

3.5. Notwithstanding anything contained herein, the Company shall not commercially exploit any Non-Aggregated Collected Information by sharing it with any third-party, without the consent of the User.

3.6. The User understands, acknowledges, affirms and agrees that the Company reserves the right to make available Aggregated Collected Information to third-parties for commercial use, including but not limited to aggregated user preference data collected on the App as well as their collected Usage Patterns.

3.7. Notwithstanding anything contained herein, the Company does not hold and/or otherwise have access to any payment related information about the User, including but not limited to any prepaid wallets, debit cards and/or credit cards. For clarification of doubt, nothing in this section shall be applicable to the storage of transaction related information in the App.

3.8. The Company reserves the right to share the Collected Information which cannot be used for personal identification of any User (hereinafter referred to as “Aggregated Collected Information”) to any third-party and includes any information which is fetched on an individual basis from any User which maintains anonymity (including all process that require pseudonymization). For the purpose of clarity to this clause Aggregated Collected Information does not include Public Information.

3.9. The Company does not take any responsibility for misuse of the Public Information on or off the App.

3.10. The User grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property in relation to any information (including but not limited all information in relation to the Pet) and/or content that is shared by the User on or off the App in connection with the Service. The license shall persist even after the deletion of such information and/or content from the App in case the Company has backed up the data for requirement under applicable law or for the purposes laid down and those incidental thereto in Clauses 3.1, 3.2 and 3.3 in pursuance of Clause 3.15.

3.11. The User understands, acknowledges, affirms and agrees that the Company uses third-party analytics tools in relation to the Service and shall be subject the cookie policy as may be applicable in relation to such third-party.

3.12. The User understands, acknowledges, affirms and agrees that the Company uses third-party servers in relation to the dissemination of its Service and has no control over the any deficiency of service and/or downtime in relation to the same.

3.13. The User understands, acknowledges, affirms and agrees that the Company has adopted reasonable security procedures and processes that are in accordance with industry standards and shall not be liable for any security breach for circumstances beyond the control of the Company and/or by any external targeted cyber-attack.

3.14. The User understands, acknowledges, affirms and agrees that the Company provide links to or compatibility with other websites or applications including but not limited to Google Accounts, Facebook, etc. as part of the Service. However, the Company shall not be responsible for the privacy practices employed by those websites or the information and/or content they contain. This Privacy Policy applies solely to information collected by the Company through the Website and the App. Therefore, this Privacy Policy does not apply to the User’s use of a third party website accessed by selecting a link on the Company Website and/or via App. To the extent that User access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to User access or use of that site or application. The Company encourage the Users to read the privacy statements of other websites before proceeding to use them.

3.15. Subject to the Clauses of this Policy the User allows the Company to retain any and all information that he has shared with the Company, on or off the App, in both aggregated and non-aggregated form in perpetuity from the date of such information being provided to the Company. At the instance the User wants the Company to delete any Non-Aggregated Collected Information which pertains to him, he should communicate to the Company in writing in relation to the same, and the Company shall remove any such information within 30 days from the date of receipt of such written intimation. For clarification of doubt, nothing in this Clause shall mandate the Company to remove any Aggregated Collected Information.

 4. USER RIGHTS AND LIABILITIES

4.1. The User understands, agrees, affirms and acknowledges that at the risk of the User, notwithstanding anything contained herein, the User shall have the right to share the personal details of the Pet and the App data pertaining to the Pet including but not limited to the data shared through Wagr Pack feature, with Allowed Third Parties.

4.2. Notwithstanding anything contained herein, if the user uploads content and/or is found to carry out any activity which is deemed to be a misuse of the device, service, website and/or App, harmful conduct towards others in the sole discretion of the Company, the Company reserves the right to take appropriate action against the user, which shall include but not limited to removing such content, blocking access to certain features, disabling account, contacting appropriate law enforcement agencies or any other remedy that the company may deem fit.

4.3. Notwithstanding anything contained herein, the User shall be solely liable for the misuse of the information of the other Users available through the App, whether or not in pursuance with the Services

5. ADVERTISEMENTS, PROMOTION AND COUPON CODES

 The User understands, agrees, affirms and acknowledges that there will be banner ads and promotions that would be shared with the User based on his real time location. For the limited purpose of allowing the User to discover experiences around him on a real time basis, the User specifically grants the Company utilisation of his Non-Aggregated Collected Information, limited to that extent.

5.1. The User understands that the relationship between the Company and the User stands independent and is unrelated to the relationship between the User and the application store from which the App is downloaded by him.

6. CHANGES TO PRIVACY POLICY

The Company reserves the right to change this policy at any time. The company shall notify the User of significant changes to Privacy Policy by sending a notice to the primary email address specified in User account or by placing a prominent notice on the company website. Significant changes will go into effect 1 day following such notification. Non-material changes or clarifications will take effect immediately. The user shall have the liability to periodically check for any updates to privacy.

 7. CONTACTS

If the User have any questions regarding this Privacy Policy or the practices on the website, please contact us by sending an email to [email protected]

Last Updated: This Privacy Policy was last updated on November 28, 2018.

PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING “WAGR DEVICE”. YOUR USE OF THIS DEVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS WAGR DEVICE AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF WAGR DEVICE AGREEMENT, DO NOT USE THE DEVICE AND/OR DO NOT SUBSCRIBE TO THE SERVICE.

The Wagr Device Agreement (“Agreement”) is entered into by and between MobiusWorks Private Limited (hereinafter referred to as “Company”) and the Costumer (herein after referred to as “User”). This Agreement governs the terms and conditions of the User’s use of the Wagr Device (“Device”).

WHEREAS:

  1. The Company is engaged in business of selling electronic devices and has developed a device for pets (hereinafter referred to “Device”).
  2. The User is the end consumer and/or the customer of the Company who is using the Service for personal use on the Pet (not including commercial use).
  3. The Parties are desirous to enter into this Agreement.
  4. In consideration of the mutual promises, covenants, undertakings and agreements between the Parties hereto, the Parties hereby enter into this Agreement on the terms and conditions contained herein.

By using the Device, the User acknowledge that the User have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement and any new, different, or additional terms or conditions that the Company may establish from time to time at its sole discretion.

1. DEFINITIONS AND INTERPRETATION

1.1. Definitions:

The Parties (namely MobiusWorks Private Limited and the User) to this Agreement hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Agreement shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Agreement may be identified by the capitalization of the first letter of each principal word thereof:

Device Reports” shall include any and all information that made available to the User through WAGR application arising out of, in connection with or in relation to the Device

Force Majeure” shall include any and all acts, events, omissions or accidents beyond reasonable control, including strikes, lockouts or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Manufacturing Defect” shall be mean any deviation from the intended design of the Device more specifically described in Annexure A.

Pet/s” shall mean and include any animal that is dependent on the User financially, operationally and/or in any other way, either in whole or in part, and been subject to the Device at the User’s discretion, either solely and jointly with other Users.

Purchase Date” shall be the date of purchase of the Device and shall be the date on which the payment for the Device of the User is successfully processed.

Third-Party Partners” shall include any and all persons, body corporates and/or entities with whom the Company has entered into a contract with any and all matters which are connected to the Service either directly or indirectly.

Real Time Information” shall mean any and all raw data procured by the Device.

User” shall mean any legal natural person using the device, service, website and/or App provided by the Company.

Warranty Claim” shall have the meaning ascribed to it in Clause 5.2.

1.2. General Interpretation

In this Agreement, except that the context otherwise requires:

1.2.1. References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statute, ordinance or other Law;

1.2.2 References to Clauses, are reference to clauses in this Agreement unless the context requires otherwise and the recitals to this Agreement shall always be deemed to form part of this Agreement;

1.2.3. The headings are inserted for convenience only and shall not affect the construction of this Agreement ;

1.2.4. The masculine gender includes the feminine gender as well as the neuter.

2. DESCRIPTION OF THE DEVICE AND SERVICES

Through the Device and the corresponding mobile application, the Company is providing the User with <insert description of the services of Wagr>.

3. EFFECTIVE DATE:

The Effective Date of this Agreement shall be the Purchase Date.

4. GENERAL CONDITIONS, COVENANTS, REPRESENTATIONS, WARRANTIES AND DECLARATIONS

4.1. The User acknowledges, affirms and agrees that theDevice shall function with the help of third party network service providers for certain features such as geolocation. Thus, the functionality of the Device depends on the signal strength, bandwidth and other external factors relating to such third party service providers. The Device may not operate in fullest possible manner at instance of certain actions and omissions from such third-party service providers. The Company specifically disclaims any and all implied or express representations, warranties, declarations and covenants in relation to such third party service providers.

4.2. Other than at the instance of a Manufacturing Defect, the Company does not make any implied or express covenant in relation to the uninterrupted functioning of the Device as well as it being error free.

4.3. The User acknowledges, affirms and agrees that the Device Results are dependent on real Time Information which are collected in a variable environment and thus may not be accurate at all instances. The Company specifically disclaims any and all implied or express representations, warranties, declarations and covenants in relation to any and all Device Results.

4.4. The User understands, acknowledges, affirms and agrees that the conditions which are specific to the User in the terms of use applicable to the WAGR mobile application are applicable mutatis mutandis to this Agreement and both the agreements need to interpreted using the principle of harmonious construction. At the instance of a direct conflict however, the terms governing the mobile application shall prevail.

4.5. Notwithstanding anything contained herein, the Company does not warrant for the functioning of the Device to meet the any expectation and/or criteria which have not been specifically laid herein in this Agreement.

4.6. Notwithstanding anything contained herein, the Company specifically disclaims any implied representations, warranties, declarations and covenants in relation to the Device and any functionality thereof.

4.7. The User shall take no steps in attempting to reverse engineer the Device and/or any associated technologies thereto. The User understands that the Company is induced to enter into a transaction with the User to deliver the Device on the basis of, inter alia mentioned in this Agreement or otherwise, the declaration made in this Clause 4.7 by the User.

4.8. The Company represents that to the best of its knowledge the Device does not infringe on any rights, title or interest of any third party.

4.9. Subject to Clause 5, the Company warrants that the Device will perform in accordance with the specifications provided by the Company to the User more specifically described in Annexure A.

4.10. Subject to applicable law, the User specifically disclaims any and all rights under this contract or law for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Device; (ii) unauthorized access to or alteration of User’s transmissions or data; (iii) statements or conduct of any third party on the Device and the corresponding services; (iv) or any other matter relating to the Device and the corresponding services not specifically laid down herein (v) any Manufacturing Defect, as against the Company.

5. DEVICE WARRANTY

5.1. The Company extends a limited, revocable, non-transferable warranty for a period of one year from the Purchase Date in relation to the Device (“Device Warranty”) in relation to any Manufacturing Defect.

5.2. At the instance the User wants to assert the Device Warranty, he needs to communicate to the Company in writing (“Warranty Claim”). For clarification of doubt, all Manufacturing Defects shall be deemed to have arisen as on the date of any Warranty Claim.

5.3. In the event of a Warranty Claim, the Company shall have the option to fix or replace the Device. In the event that the Company fails to fix or replace the Device within a reasonable period, the User’s sole recourse shall be to terminate the Agreement. In no event shall the Company be liable for any incidental, consequential, or punitive damages as a result of its performance or breach of this Clause.

5.4. Notwithstanding anything contained herein, the Device Warranty shall become void and/or inapplicable at the following instances:

5.4.1. If the User enters into any insurance/warranty agreement with any third party in relation to the Device without the consent of the Company.

5.4.2. In case of any damage caused to the Device which does not directly arise from a Manufacturing Defect.

5.4.3. Any deviation in the Device which is not the subject matter of the specifications mentioned in Annexure A.

5.4.4. In case of any breakage, damage or dismemberment of the Device and/or disruption of the corresponding services of the Company due to any direct and/or indirect actions and/or omissions of the User and/or its Pet.

5.4.5. Any defects and/or deficiency of service caused by any third party as envisaged under Clause 4.1 of this Agreement.

5.4.6. In case of the Force Majeure event.

5.5. For clarification of doubt, the Device Warranty is limited to any Manufacturing Defects and the User is not entitled and specifically disclaims to any other warranties, express or implied, that may arise either by agreement between the parties or by operation of law as against the Company.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE DEVICE, AND IN NO EVENT SHALL COMPANY’S LIABILITY TO THE CUSTOMER FOR ALL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL COMPANY BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO THE USER IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE APP. COMPANY IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY FOR, THE LOSS OF OR DAMAGE TO THE USER’S CONTENT AND DOCUMENTS INCLUDING ANY LOSS OR DAMAGE RESULTING FROM NON-FUNCTIONALITY OF THE DEVICE AND/OR THE SUSPENSION OR TERMINATION OF THE LICENSED APP OR THIS AGREEMENT.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF COMPANY TO THE USER (ALONG WITH ITS PERMITTED ASSIGNS, AGENTS, EMPLOYEES, HEIRS, SUCCESSORS AND/OR AUTHORISED REPRESENTATIVES) SHALL NOT BE MORE THAN TOTAL COST OF THE DEVICE, INTEREST FREE, RECEIVED FROM THE USER UNDER THIS AGREEMENT AT ANY GIVEN INSTANCE.



7. DISPLAY, USE OF INFORMATION AND PRIVACY POLICY

Refer for the other Legal Documentation of the Company provided for in the App and/or the Website link- www.wagr.in/legal.

8. CANCELLATION OR TERMINATION.

8.1. The Company may, at any time, terminate this Device Agreement or disable or take down any information displayed at the instance of a breach of any and all obligations by the User under this Agreement and/or any other legal documentation that is entered into by and between the Company and the User.

8.2. The Company reserves the right to immediately terminate this Device Agreement without prior notice if the User’s use of the Device results in, or is the subject of, legal action or threatened or proposed legal action, against the Company or any of its affiliates, without consideration of whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit.

8.3. At the instance of termination of this Agreement by the Company in accordance with this Clause 8, the corresponding Device Warranty shall stand lapsed as on the date of such termination.

9. INDEMNIFICATION

9.1. The User shall defend, protect, indemnify and hold harmless the Company and its directors, employees, agents, successors, and assigns (“Indemnified Parties”) from and against any and all claims in connection therewith (collectively, the “Indemnified Liabilities”), incurred by the Indemnified Parties as a result of, arising out of or relating to:

9.1.1. any misrepresentation by the User to the Indemnified Parties,

9.1.2. any misrepresentation of the User to any Third Party, with respect to the Indemnified Parties,

9.1.3. any direct, incidental and consequential losses suffered by the Company due to any of the actions carried out by the End User with the Device or otherwise.

9.2. The right of indemnification under this Clause 9 is not prejudicial to any other rights of the Indemnified Parties under this Agreement, applicable law, and/or equity.

10. JURISDICTION AND DISPUTES

10.1. This Agreement and its performance shall be governed by and construed in all respects in accordance with the Laws of the Republic of India.

10.2. Subject to Clause 10.3 below, this Agreement shall be subject to the jurisdiction of the courts in Bangalore, India.

10.3. Any action, Dispute or difference arising under or relating to this Agreement (“Dispute”) shall at the first instance be resolved through good faith negotiations between the Parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a Party has delivered to the other Party a written request for such consultation. If the Parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, the Dispute shall be referred to and finally and conclusively settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.

10.4. The seat as well as the venue of arbitration at all times shall be Bangalore, India.

10.5. All proceedings, including issuance of an arbitration award, in any such arbitration, shall be conducted in English.

10.6. The arbitration shall be conducted by a tribunal of 3 (three) arbitrators. The Parties agree that the User shall appoint 1 (one) arbitrator, the Company shall appoint 1 (one) arbitrator and the arbitrators so appointed shall appoint the third arbitrator.

10.7. The arbitral tribunal will have the power to grant any remedy or relief that they deem just and equitable, including but not limited to injunctive relief, whether interim and/or final.

10.8. The arbitration award shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction.

10.9. The Parties agree to bear their own costs of arbitration until such time that the arbitral tribunal does not pass an award deciding on the costs. The arbitrators may, (but shall not be required to), award to a Party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel).

10.10. When any Dispute is under arbitration, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement.

11. AMENDMENTS AND WAIVER

Any provision of this Agreement may be amended or waived. No waiver by any Party of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by Law or otherwise afforded, will be cumulative and not alternative.

12. INDEPENDENT CONTRACTORS

The Company and User are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.

13. SEVERABILITY

If any provision hereof is held invalid or unenforceable by any court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.

14. ENTIRE AGREEMENT

This Agreement, the terms of use, the data protection documentation and offer terms are the entire agreement between the Company and User with respect to the transactions envisaged herein and the inter-se rights and obligations of the Parties, superseding and replacing all negotiations, prior agreements, discussions, memoranda or heads of agreements, made prior to the date hereof amongst the Company and User. For clarification of doubt, the recitals to this Agreement form an integral part of this Agreement.

15. CONTACT US

Anything pertaining to this Device agreement, please contact our grievance redressal officer by sending an e-mail to [email protected]

Last Updated: This Privacy Policy was last updated on November 28, 2018.

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