TERMS AND CONDITIONS
What are you agreeing to?
1.1 The Parties to this Agreement
These terms of service describe a contractual relationship (“Agreement”) between you (“you” or “your”) and WIOAI Private Limited (“WIOAI,” “we,” “us,” “our”), regarding your use of these web sites www.wioai.com, www.wioai.app, www.wioai.org, www.wioai.in, www.wioai.co, www.wiocoin.org, browser extension, and a mobile application (collectively referred to as “the Portal”), your access to your WIOAI account information and service through the Portal (together, the “WIOAI Services” or “Services”).
1.2 Who are We?
WIOAI is an expense recommendation system that recommends products through WIOAI’s technology platform, which allows you to spend your money towards your life goals.
1.3 Changes to this Agreement
WIOAI may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the “Pay Now” button below the updated agreement). If this Agreement is changed, WIOAI will give notice to users by posting a new version of this Agreement on the Portal 7 days before that version becomes effective. If WIOAI makes any changes to this Agreement that it deems to be material, WIOAI will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to the Portal from time to time to see if it has been changed. The continued use of the Portal following the notification of modification of the Agreement will be construed to mean the acceptance of the modified Agreement.
1.4 Representations, Warranties and Undertakings:
1. You represent that you are above 18 years of age, of sound mind and resident of India and are competent to execute this Agreement.
2. This Agreement is a legal, valid and binding obligation on you, enforceable against you in accordance with its terms. You agree to use the Services only for
purposes that are permitted by (i) this Agreement; and, (ii) any applicable law.
3. The information provided by you is correct and true
4. You acknowledge and agree that WIOAI is entitled to remove any / all the information on the Portal that is in contravention of the provisions of this
5. You understand that WIOAI does not provide any warranties for its Services and shall not be made liable for any claims made by you or any third party, and in this regard, you undertake to accept and be solely liable for the Services availed by you from WIOAI. You further undertake to indemnify and hold harmless WIOAI, its affiliates and their respective directors, officers, employees, agents and representatives against all damages suffered or losses incurred by WIOAI arising due to any act, omission or claim initiated by you or any third party in relation to the Services availed by you.
You hereby express your intent to know through telephonic calls, or SMS on your mobile number mentioned in the application form or any other alternate number of yours as well as in this undertaking, or through any other communication mode, various WIOAI offer schemes or promotional schemes or any other promotional schemes and hereby authorize WIOAI and its employee, agent, associate to do so. You confirm that laws in relation to the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from WIOAI, its employees, agents and/or associates.
How WIOAI will serve you?
2.1 The Service
Subject to a risk assessment conducted by WIOAI on you, WIOAI shall provide expense recommendations through various ecommerce market places (“Affiliate(s)”) and build a technological bridge between the Affiliate(s) and you so that you may purchase the Products utilising your funds. While WIOAI shall make reasonable efforts to ensure that you find suitable products, WIOAI does not guarantee the same to you.
WIOAI is the technology and operating partner to its affiliate(s). As a service provider, WIOAI is fully responsible for communicating, transacting and processing on behalf of its affiliate(s). At no point, WIOAI is representing itself as an ecommerce marketplace company. Please refer to terms & conditions for details on your purchase of product from the respective Affiliate(s).
WIOAI reserves the right to add new functionalities, remove existing functionalities or modify existing functionalities to its Services as and when it deems fit and at its sole discretion.
2.2 Authorised Affiliates
WIOAI has tied up with multiple ecommerce marketplaces to ensure you get the best spending options that are in line with your life goals.
2.3 Cancelling Transactions
The purchase process is as per the discretion of the Affiliate(s). WIOAI may choose not to provide Service to you or to specific Merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our Portal, the Merchant’s account history or any other reason. WIOAI may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.
2.4 Collecting Information About You
You agree to provide unconditional and absolute consent to WIOAI to use and share the information provided by you in relation to the Services. WIOAI shall take all reasonable steps to ensure that the information received from you is secure, and is accessible only to the relevant persons.
2.5 Working with Third Parties
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your WIOAI account, you acknowledge that WIOAI may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold WIOAI responsible for, and will indemnify WIOAI from, any liability arising from the actions or in actions of this third party in connection with the permissions you grant.
Your use of WIOAI?
3.1 Agreement to Provide Accurate Information
When you provide information to WIOAI, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
3.2 Delays in Processing
In some cases when you attempt to use the WIOAI Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either WIOAI or the Merchant and can be cancelled at any time until it is confirmed by WIOAI.
3.3 User Responsible for Fees
If you use the WIOAI Services, you shall be levied non-refundable service charges, details of which are available here service charges. You are also responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
3.4 Access to Your Account
You are responsible for maintaining the secrecy and security of the login credentials to your WIOAI account, controlling the activities that occur in or through your WIOAI account and for restricting access to your system to prevent unauthorized access to your WIOAI account. You agree to accept responsibility for all activities that occur in your WIOAI account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your WIOAI account and to any third-party account you have used to login to your WIOAI account. You agree to inform us immediately if you have any reason to believe that your login credential has become known to anyone else, or if the password is being or is likely to be used in any unauthorized manner. Any breach of security or unauthorized use of your WIOAI account will not make WIOAI liable to indemnification. You are also responsible for maintaining the accuracy of the information in your WIOAI account.
3.5 Portal Content
The information on the Portal is for information purposes only. It is believed to be reliable, but WIOAI does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Portal, and in this Agreement, are subject to change notice of which shall be at the sole discretion of WIOAI.
WIOAI shall provide to you basic support for the Services and shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which WIOAI shall give at least 1 hour notice), or (ii) any unavailability caused by circumstances beyond WIOAI’s reasonable control.
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
1. servers, networks, hardware failure (including your own computer), telecommunication lines and connections, and other electronic and mechanical equipment;
2. software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
3. overload of system capacities;
4. damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, an act of God, accident, fire, water damage, explosion, mechanical
breakdown or natural disasters;
5. interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppages (whether partial or total) of labour;
6. governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
7. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of WIOAI.
WIOAI assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption or errors in the operation of the Portal
3.6 Links to Other Websites
Links to non-WIOAI websites are provided solely as pointers to information on topics that may be useful to users of the Services, and WIOAI has no control over the content on such non-WIOAI websites. WIOAI makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does WIOAI warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by WIOAI, you must do so at your own risk. WIOAI does not guarantee the authenticity of documents on the Internet. Links to non-WIOAI websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
3.7 Closing Your Account
Without prejudice to any other rights or remedies which it may have, WIOAI shall have the right to terminate your access or usage rights to the Services, for any reason whatsoever (including but not limited to non-compliance with any applicable laws or this Agreement), at any time without any prior notice to you.
3.7.1 Dormant Accounts
We reserve the right to assign and transfer the transaction to any person, including, but not limited to Affiliate(s), as deemed appropriate by us and to disclose to such Affiliate(s) all such information (including your Personal Data) as we may deem appropriate for the purpose of loan creation.
How you may NOT use WIOAI?
4.1 By using the Portal or Services, you agree to the following:
1. You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with WIOAI.
2. You will not solicit others to perform or participate in any unlawful acts.
3. You will not provide false, inaccurate, deceptive or misleading information.
4. You will not provide information belonging to any person other than yourself.
5. You will not use or attempt to access an account that belongs to another person for yourself or on behalf of another person.
6. You will not attempt to collect or track the personal information of others.
7. You agree not to create multiple accounts, or fraud or fake accounts, with false information or false identity or use the Portal for any unlawful or immoral
8. You agree not to collect contact information of our Affiliates from the Portal by means of unsolicited access so as to communicate directly with the Affiliates.
9. You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or
cancelbots, intended to damage or interfere with the Services, to surreptitiously intercept or expropriate any system, data or personal information from the Services, or to affect the functionality or operation of the Portal or any related website, other websites, or the Internet.
10. You will not breach this Agreement or any other agreement or policy that you have agreed to with WIOAI.
11. You will not commit unauthorized use of the Portal and systems including but not limited to unauthorized entry into WIOAI systems, misuse of passwords, misuse of any information posted to a site, or interfere with or circumvent the security features of the Portal or any related website, other websites, or the
12. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique.
13. You agree to make use of the Portal for lawful purposes without infringing the rights or restricting the use of the Portal by any third party.
14. You shall not attempt or cause any unauthorized access to the Portal or any networks, servers or computer systems connected to Portal or attempt to modify, adapt, translate or reverse engineer any part of the Portal or re-format or frame any portion of the pages of the Portal.
15. You shall not upload, display, share, host, publish and/or transmit any information on the Portal that:
a. belongs to another person and to which you do not have any right to such information;
b. is harmful, offensive, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. infringes any patent, trademark, copyright or other proprietary rights;
d. harms minors in any way or impersonates another person;
e. any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services);
f. information that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
5.1 WIOAI’s Disclaimers and Liabilities:
Disclaimers and liabilities of WIOAI (“WIOAI Disclaimers”), as provided in https://wioai.app/disclaimer shall be treated as part of this Agreement. You undertake that you shall carefully read through the WIOAI Disclaimers and shall strictly comply with the terms of the same:
1. Notwithstanding anything to the contrary contained herein, WIOAI, its affiliates and their respective directors, officers, employees, agents and representatives shall have no liability to you or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to this Agreement.
2. WIOAI in no manner warrants or guarantees the performance of the Affiliate(s) and you acknowledge that WIOAI shall in no manner be responsible for any claim of money or damages in the event the Affiliate fails to provide products.
3. WIOAI does not make any representations or warranties on behalf of any of the Affiliate(s).
4. WIOAI expressly disclaim all warranties of any kind as to the Portal and all information, and other content (including that of third parties) included in or
accessible from the Portal, whether express or implied.
5. You further agree that WIOAI, its affiliates and their respective directors, officers, employees, agents and representatives shall in no way 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, resulting from:
a. the use or the inability to use the Service/ Portal;
b. the cost of getting substitute Services; and/ or
c. any data, information or Services purchased or obtained or messages received or
transactions entered into, through or from the Portal.
6. WIOAI makes no warranty that:
a. the Portal will meet your requirements;
b. the Portal will be uninterrupted, timely, secure, or error-free;
c. the results that may be obtained from the use of the Portal will be accurate or
d. the quality of Services purchased by you or information obtained by you through the
Portal will meet your expectations.
6.1 Disputes with WIOAI
If a dispute arises between you and WIOAI, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact WIOAI at firstname.lastname@example.org to try resolving your problem directly with us.
6.2 Updating Your Contact Information
You can update the mobile phone number or email address registered with WIOAI by submitting a request through emailing email@example.com or directly on the portal.
In the event of any breach by you of any term, representation, warranty, covenant or agreement made or given by you in this Agreement, you undertake to indemnify and hold harmless WIOAI, its affiliates and their respective directors, officers, employees, agents and representatives (together “the Indemnified Party”) to the extent of any and all damages suffered or incurred by the Indemnified Party in relation to such breach of representation or warranty, covenant or agreement.
6.4 Transferability of the agreement
This Agreement, or any right or interest therein, shall not be assignable or transferable by you without the prior written consent of WIOAI. Rights and obligations of WIOAI under this Agreement are freely assignable in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6.5 Jurisdiction of the agreement
This Agreement will be governed by and construed in accordance with Indian laws. All the matters arising out of herefrom shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
6.6 Entirety of the agreement
This Agreement makes up the entire agreement between WIOAI and you regarding the subject matter hereof and supersedes any prior agreements.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
6.8 No Waiver
If WIOAI fails to enforce any part of this Agreement, it will not be considered a waiver.
6.9 Compliance of laws
You will comply with all applicable laws when using or accessing the Portal and while availing the Services.