These Terms of Use (“Terms of Use”) mandate the terms as per which the Users access and register on the Winglr’s mobile Application (collectively referred to as the “Application”/"Platform"), created, owned and managed by Winglr Private Limited, bearing CIN U72900MH2021PTC359088 hereinafter referred to as “We” or “Our” or “Us” or the “Company”, and the Application Services (as defined below), provided through the Application.
This document is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (as defined hereunder) (together hereinafter referred to as “Agreement”) carefully before using or registering on the Application or accessing any material, information, or Application Services through the Application.
Your access to or use of the Application (even when You do not avail of or provide any services on the Application) availing any features of the Application and its services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Application for other services.
Winglr is a new age social networking platform that helps You make real connections, in real places, in real time. It is an Application for connecting link-minded people socially and professionally. We have a unique blend of AI services for helping You initiate and facilitate conversations online. Build a strong profile, discover Your tribe and dive into mingling with people just for fun or to build your professional connections.
⦁ “Account” shall mean the Winglr account whether social or professional created by You;
⦁ “Affiliates” shall mean any person or entity who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term “control” being used in the sense of the person or entity acting in concert, directly or indirectly, of the power to direct or cause the direction of the management and policies of the Company by contract or otherwise;
⦁ “Content” shall have the meaning ascribed to it in Section 6.2;
⦁ “Indemnities” shall have the meaning prescribed to it in section 10.1.1;
⦁ “Intellectual Property Rights” shall have the meaning ascribed to it in Section 11.1;
⦁ “Member Content” shall have the meaning ascribed to it in Section 6.1;
⦁ “Ming” shall mean the request You send when You would like to connect with someone You find interesting;
⦁ “Our Content” shall have the meaning ascribed to it in Section 6.1;
⦁ “Prohibited Content” shall have the meaning ascribed to it in Section 6.3.5;
⦁ “Services” shall have the meaning ascribed to it in Section 4.1;
⦁ “Super-Star" shall mean a service which allows You to broadcast Your arrival at a particular location or event by sending notifications to everyone who has checked-in at that location;
⦁ “Third-Party Service Provider” shall have the meaning ascribed to it in Section 4.2;
⦁ “User/Users” shall have the meaning ascribed to it in Section 4.3;
⦁ “Virtual Items” shall have the meaning ascribed to it in Section 7.2.1;
⦁ “Your Content” shall have the meaning ascribed to it in Section 6.1;
⦁ “You/Your” shall mean and include the user who has created an account on the Application;
To use the Application’s Services, You will have to create an Account. You cannot create and access and use the Services on the Application, unless you represent and warrant the following:
⦁ You have attained at least 18 years of age;
⦁ You are legally qualified to enter into an agreement per the Indian laws;
⦁ You have not committed or are not a convict of a sex crime or any crime involving violence, its threat and any other offence of such severity and nature or disqualified by law or by Us or Our affiliates;
⦁ You will comply with this Agreement and the applicable state, national, international rules and regulations; and
⦁ You do not have another Account on the Application.
⦁ To register on the Application, You can opt for mail based authentication or receive an OTP on Your registered mobile number We will require Your name, age, date of birth, email ID, profile photo, gender, sexual orientation, relationship status, profession, personality traits, soft skills in order to create a comprehensive profile for You to meet like-minded people; and
⦁ Users must ensure that the name entered by You does not impersonate anyone and hurt religious sentiments and shall not be in contravention to any applicable laws in force.
⦁ To know more about how we use Your data, please refer to the Privacy Policy.
⦁ “Services” shall mean various functionalities available on the Application including but not limited to the networking services provided through the social and professional profiles, messaging services, location-based check-ins, artificial intelligence-based services like bio-builder, paid services such as Virtual Items, third-party integrations, which may vary from time-to-time at the Company’s discretion;
⦁ “Third-Party Service Providers” shall mean all the service providers whose services are sought through app-integrations or otherwise for creating a comprehensive, hassle-free experience on the Application including but not limited to payment gateways, registration services, Google Maps APIs or any other such third-party services; and
⦁ “User/Users” shall mean the people who are eligible to register on the Application and have an Account on the Application.
⦁ While using the Application You shall ensure that You:
⦁ Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
⦁ Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
⦁ Use the latest version of the Application;
⦁ Use Your real name, age, profession on Your profile;
⦁ Present yourself authentically by adding at least two photo that shows your face;
⦁ Treat other Users in a courteous and respectful manner, both on and off our Services; and
⦁ Maintain a strong password and take reasonable measures to protect the security of your login information.
⦁ You hereby agree to not engage in any of the following activities:
⦁ Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
⦁ misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
⦁ disclose confidential information;
⦁ stalk or harass other Users on the Application;
⦁ create or operate a pyramid scheme, fraud or other similar practice; or
⦁ develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Winglr or its Services, or otherwise copy profiles and other data from the Services.
⦁ Your privacy, comfort and convenience are our priority. You can hide Your Account/profile at a particular check-in location. Users of the Application will not be able to view You. However, You will be able to view others, but You will not be able to Ming them. When You are ready to be discovered by other USers, You will have to manually switch-on Your visibility. .
⦁ Users should comply with these Terms of Use to avoid being reported. We have zero tolerance towards non-compliance Our rules. You can end-chat, report and/or block any User who is in violation of Our rules and Your privacy or any of Your concerns. You can report any User’s account through Your chat or their profile. At our discretion, We may inquire into violation of these Terms of Use. Your account or Content may be terminated without prior notice in case of indulgence in violation of these Terms.
⦁ You should conduct Yourself in the same manner as You would in a conventional set-up. We would advise You to exercise greater caution and carry out an informal due diligence before engaging/meeting any other User;
⦁ You hereby understand and agree that Your location and Account will be visible to other Users when you check-in at a location. You hereby understand and agree that You are availing these Services at Your own risk;
⦁ You understand and agree that We cannot control Our Users’ behaviors. You shall solely be responsible for Your conversations and equations with other Users. We only provide an Application for connecting with people, their compliance with the rules and regulations of the Application cannot be controlled . We do not warrant and represent the background and conduct (whether on the Application or offline) of Our Users; and
⦁ YOU HEREBY UNDERSTAND AND AGREE THAT WE DO NOT UNDERTAKE CRIMINAL BACKGROUND CHECKS OF OUR USERS. WE DO NOT REPRESENT AND WARRANT THE CONDUCT (ONLNE AND OFFLINE) OR YOUR COMPATIBALILITY AND SAFETY WITH ANY USERS. WE DO NOT HAVE ANY MEANS OF VERIFYING STATEMENTS MADE BY USERS.
⦁ There are various types of content available on the Application, generated by various entities including Yourself. Your interaction, responsibility and rights with respect to such content have been enumerated under this section. While using the Application, you will have access to: (i) content that You upload or provide (“Your Content”); (ii) content that other Users upload or provide (“Member Content”); and (iii) content that We provide on and through our Services (“Our Content”).
⦁ “Content” shall mean but is not limited to text (whether generated by artificial intelligence or manually crafted), image, audio, video, GIF or any other material or information displayed or curated on the Application’s interface or communicated to them on chat whether produced by You, other Users or Winglr.
⦁ You agree to indemnify, defend, release, and hold Us harmless from any claims made any User or third-party in connection with Your Content. You shall solely be responsible for Your Content;
⦁ You hereby represent and warrant that any information provided by You to Us or Third-Party Service Provider (if applicable) or any User shall be true and accurate. It shall solely be Your responsibility to update Your Account information and details in case of any alterations or changes;
⦁ You hereby represent and warrant that You will may not display any personal contact or banking information, whether in relation to You or any other person (for example, names, home addresses, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If You choose to reveal any personal information about Yourself to other users, You do so at your own risk. We encourage You to exercise extreme caution in disclosing any personal information. We also encourage You to verify the veracity of the statements made by Users.
⦁ You understand and agree that We may monitor or review Your Content, and We have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, You understand agree that we have no obligation to display or review Your Content.
⦁ Winglr unwaveringly believes in creating a safe space for its entire User base. A safe internet space can be created by collaborative efforts of any application and its users. We expect all our Users to proactively ensure that their online presence is safe, courteous and well mannered. Following is a list of strictly prohibited content (“Prohibited Content”): -
⦁ Using language or imagery which is likely to harass, stalk, upset, embarrass, alarm or annoy any other person;
⦁ Posting or sending obscene, pornographic, violent messages or imagery which may offend human dignity;
⦁ Abusing, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
⦁ Encouraging any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
⦁ Putting up content that is off topic. For example, social or political commentary i.e, not intended for the purposes for which the Application has been provided to You.
⦁ engaging in defamatory or libelous activities;
⦁ commercial activities;
⦁ transmission of “junk” mail or “spam”;
⦁ Transmission of spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Winglr or otherwise;
⦁ The posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
⦁ Impersonation of any person or organization or pretending to be an authoritative source;
⦁ Puts child safety at risk i.e., exploits or abuses children or intends to cause a child’s safety at risk by displaying or threatening to display predatory behavior, depicts nudity of an apparent minor or of any person for that matter;
⦁ Indulges in creation and sharing of dangerous content directed towards causing or likely to cause physical harm to people, animals or minors or creating instructional content for creation of items to cause physical harm;
⦁ You do not have any intellectual property or any other rights in relation to other Users’ Member Content. You may only use Member Content strictly for the purposes for which the Application is provided by Winglr i.e., for connecting people who are gathered in a particular place
⦁ As are strictly prohibited from exploitation of Member Content whether commercially, or to harrass, make unlawful threats, spam, or stalk;
⦁ It is pertinent for You to note that, We do not pre-screen Member Content. We have no physical or technical deployments on the Application that allows Us to carry out pre-screening (based on parameters included but not limited to language, authenticity of the content, appropriateness of the Content based on image, gender, sex, creed, race, etc.). However, once an Account or a Content is reported we reserve the right to review, remove and delete the Account or content as the case may be; and
⦁ We reserve the right to terminate your Account if you misuse Member Content.
⦁ Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Application, including Winglr's software and database(s), are owned, controlled and licensed by Us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our IPR (more particularly described defined hereinbelow in Section 11.1) remains with Us perpetually.
⦁ The Company hereby grants You a non-exclusive, freely revocable, non-transferable access to the Application, subscriptions, Content, software and/or Services provided by the Company and its Service Providers on “as is" and "as available" basis, unless otherwise specified in writing. This access is subject to the following conditions:
⦁ In accordance to the Terms of Use provided herein, You may access and use the Services provided strictly for informational purpose;
⦁ You shall not knowingly or unknowingly access or attempt to access or execute to modify or remove content, subscription prices and/or other available information on the Application;
⦁ You shall not use Our name in metatags, keywords and/or hidden text;
⦁ You shall not sell, lease, license, rent, distribute, or commercially utilize/exploit the Application or any part thereof and/or its services through any devised means; and
⦁ You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Application.
⦁ The Application is primarily based on connecting people in real time at real locations. Location access is central to the Application, since the Application allows You to connect with only those Users who have checked-in at the same location. Thereby, to provide Our complete Services, it is imperative for You to grant Us access to Your location while using the Application;
⦁ If you grant access to Your location, the Application utilizes the in-built features of your mobile devices like GPS, and/or Bluetooth to ascertain Your location;
⦁ The Services that require granting access to location includes visibility of Your complete Profile to other Users in the same check-in spot, nearby check-in spots or events, Minging Users and chatting with them. Users must note that Your chat with other Users will disappear after 24-hours of minging a User.; and
⦁ In case You don’t grant access to location, such location-based Services will not be available to You. However, You will be able to access and use other non-location-based Services on the Application such as, Profile, FAQ, Help & Support and purchasing Mings.
⦁ The Company disclaims any guarantee of exactness as to the duration, type, satisfaction from any Service fulfilled by Us or Third-Party Service Providers. Further, the Company makes no representation that the services provided by the Third-Party Service Providers are appropriate or safe to use;
⦁ To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Application, and warranties made by the Third-Party Service Providers, the information provided on the Application, or by other Users or their interaction and engagement with other Users; and/or
⦁ Without prejudice to the generality of the above, You understand and agree that the Company is not involved in interactions between the Users, and hence would not be responsible for the same.
⦁ the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and vendors on the Application (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or Agreement made or obligation to be performed by You pursuant to these Terms of Use;
⦁ the Indemnitees harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the Application or Services or content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights; and
⦁ the Indemnitees be liable to You or any third-party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Application, Services or content on the Application. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
⦁ In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of Use or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged (if any) directly by the Application from You; and
⦁ If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.
⦁ The Intellectual Property Rights (“IPR”) including but not limited to, Services, text, audio, video, Our Content, graphics, GIFs, user interfaces, trademarks, logos, artwork, including Winglr's software and database(s) UI/UX design of the Application, standard operating procedures, source codes, collated information available on the Application regarding restaurants, top check-ins in the state, events happening nearby or the words “Winglr” or “Ming” or “Let’s Ming” and other intellectual property appearing on the Application, reserves with Winglr Private Limited. This IPR is protected by applicable trademark, copyright, and other Intellectual Property Rights laws;
⦁ You shall not commercially, or otherwise, for any purpose whatsoever exploit the trademark Winglr or Ming or any other trademark associated with the Company including but not limited to the terminology specifically created for the Application without prior written and valid consent from the Company;
⦁ The Company holds the copyright for the design, workflow, and standard operation procedures within the Application; and
⦁ If the Company becomes aware of any User infringing on the copyright or trademark rights, it is Our policy to take reasonable actions within our power to terminate that User.
⦁ The Company provides a bunch of integrations to have smooth technical feasibility; and
⦁ Such integrations are third-party integrations including but not limited to Google Maps API, Gmail, Apple or any other integrations that may be introduced from time-to-time. Your use of these Services on Our Application subjects You to the provisions of their terms of use, privacy policies and any other regulations as updated by them from time-to-time. It shall solely be Your to accept and comply with their terms.
⦁ You may decide at any time and without notice to delete Your account. If You wish to use the Application again, You will be required to register once again;
⦁ Once You delete Your Account, Your Account’s data and information shall be retained by Us for a period of three (3) month from the date of deletion of the Account;
⦁ Your chats with other Users may be available on their profile and chat box.
⦁ We reserve the right to terminate your membership, to suspend a profile or to disable access with respect to a breach of any of the terms with or without notice. Under any circumstances purchases made on the Application will not be refundable.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Application, including Winglr's software and database/(s), are owned, controlled and licensed by Us and are protected by copyright, trademark, database rights and/or other intellectual property laws. All right, title and interest in and to Our IPR (more particularly described defined hereinbelow in Section 11.1) remains with Us perpetually.
We provide You with a non-exclusive, limited, personal, non-transferable, and revocable license to access and utilize Our Content. This license is granted under the following conditions
⦁ Utilization Restriction: You are prohibited from using, selling, modifying, or distributing Our Content, except within the limits allowed by the functionality of the App.
⦁ Name Usage Restriction: Our name is not to be used in metatags, keywords, and/or hidden text.
⦁ Derivative Works and Commercial Exploitation: Creating derivative works from Our Content or engaging in actions such as scraping, disabling, decompiling, analysing, or commercially exploiting Our Content, either in whole or in part, is strictly prohibited.
⦁ Lawful Use: You are obligated to use Our Content solely for lawful purposes.
⦁ Additionally, You are not granted the right to sublicense any of these permissions. We retain all other rights not explicitly granted in this license agreement.
⦁ Scope of License: The terms outlined in this license govern the use of any Content, materials, or services accessible from or purchased within this Application, as well as any upgrades provided by the Licensor i.e., the Company, that replace or supplement the original licensed Application. This license persists unless such upgrade is accompanied by a custom license. Distribution of this Application over a network, where it could be accessed by multiple devices simultaneously, is strictly prohibited. Transfer, redistribution, or sublicensing of this Application is not allowed. In the event of selling your Apple Device to a third party, it is mandatory to remove this Application from the device before the sale. Unauthorized copying, reverse-engineering, disassembling, modification, or creation of derivative works of this Application or any updates is expressly prohibited, except to the extent restricted by applicable law or permitted by the licensing terms of open-sourced components included with this Application.
⦁ Consent to Use of Data: You consent to the collection and use of technical data and related information by the Licensor i.e, the Company. This includes but is not limited to technical information about your device, system and application software, and peripherals. The purpose of collecting this data is to facilitate software updates, product support, and other services related to the Application. We, the Licensor may utilize this information, ensuring it remains in a form that does not personally identify You, to enhance products or provide services.
⦁ Termination: This license remains effective until terminated by You or Us, the Licensor. Failure to comply with any terms of this license automatically terminates your rights under it.
⦁ External Services: The Application may provide access to Our, the Licensor’s and/or Third-Party Services and websites. Use of Third-Party Services is at Your sole risk, and Licensor i.e, the Company shall not be responsible for the Content or accuracy of Third-Party Services. We, the Licensor shall reserve the right to change or restrict access to External Services without notice. You agree to use third-Party Services in compliance with the Terms of Use and not in a manner that infringes on intellectual property rights or engages in harmful activities.
⦁ NO WARRANTY: You acknowledge that the use of this Application is at Your sole risk. The Application and any services performed or provided are provided on "as is" and "as available" basis. We, the Licensor, disclaims all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. We, the Licensor assumes no responsibility for the cost of servicing, repair, or correction in case of defects.
⦁ Limitation of Liability: To the extent not prohibited by law, the Licensor i.e., the Company will not be liable for personal injury or any incidental, special, indirect, or consequential damages arising from the use or inability to use the Application. This includes damages such as loss of profits, data, business interruption, or any other commercial damages, regardless of the theory of liability (contract, tort, or otherwise). Licensor’s total liability, except as required by applicable law in cases involving personal injury, will not exceed the amount of actual fees charged (if any) directly by the Application from You. The limitations apply even if the stated remedy fails of its essential purpose.
⦁ In accordance with the Terms of Use provided herein, You may access and use the Services provided strictly for informational purpose;
⦁ You shall not knowingly or unknowingly access or attempt to access or execute to modify or remove content, subscription prices and/or other available information on the Application;
⦁ You shall not use Our name in metatags, keywords and/or hidden text;
⦁ You shall not sell, lease, license, rent, distribute, or commercially utilize/exploit the Application or any part thereof and/or its services through any devised means; and
⦁ You shall not remove any text, copyright or other proprietary notices contained in the content downloaded from the Application.
⦁ The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Application, your only recourse is to (i) close Your Account on the Application; and/or (ii) stop accessing the Application;
⦁ We have technological systems and User compliance monitoring team that collectively reviews Accounts and Content put up on the Application. We may at Our sole discretion employ operational, technological or legal means to terminate, suspend or restrict Your Account, in the event of Your Account or Content is being flagged;
⦁ The Company may delist You or block Your future access to the Application or suspend or terminate your Account if it has received report request/(s) and/ or it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically (whether online or offline) with other Users or Your conduct is deemed or likely to raise safety concerns or any other reasons that deems fit for termination or suspension of Your Account. It shall be at our sole discretion to decide whether Your conduct was inappropriate. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them;
⦁ If You or the Company terminate Your use of the Application, the Company may delete any content or other materials relating to Your use of the Application Services and the Company shall have no liability to You or any third-party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance;
⦁ You shall be liable to pay for any Application Services that you have already booked till the time of termination by either party whatsoever; and
⦁ The Company and/or Third-Party Service Providers shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or pro-rata refund, as the case may be, shall be refunded to You subsequently.
⦁ Upon the condition of acceptance of all the terms, conditions, notices present in these Terms of Use along with the acceptance of any amendments made by the Company at its sole discretion, You are allowed to use and access the Application offered.
⦁ Using the Application or any of its Services or browsing the Application, merely states that You have read, understood and agreed to be bound by these Terms of Use available at https://winglr.com website and mobile Application; and
⦁ Any amendment or modification of these Terms of Use shall be made without prior notice to You. It shall be Your responsibility to check this Terms of Use periodically for changes. Continuous use of the Application by You will constitute Your consent and acceptance of changes made to the Application.
⦁ You understand and agree that Your acceptance is complete, whole and unconditional to this Agreement and any other changes or alterations brought in the future;
⦁ If You choose to Opt-Out of any of the Clauses of this Agreement, You shall be opting out of Our Services and the us of Our Application; and
⦁ Further, should You wish to opt-out of this Agreement, You can do so by deleting Your Account.
⦁ Company may amend the policies or supplemental terms related to the Services from time to time;
⦁ It will be the Company’s best endeavor to provide You a written notice through a notification on the Application in the event of a material change to any policies or supplemental terms. Amendments will be effective upon Company’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes Your consent to be bound by the Terms, as amended; and
⦁ It is essential to note that, in light of evolving changes related to privacy in India, We make every effort to ensure Our compliance with existing and forthcoming laws. Additionally, We will keep You informed if any new features are introduced in accordance with Government notifications.
⦁ These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles, and disputes arising in relation hereto shall be subject to the jurisdiction of the High Court of Judicature at Mumbai, and the matter shall be adjudicated in the municipal limits of the city of Mumbai in accordance with the Arbitration and Conciliation Act of 1996; and
⦁ The arbitration shall be held at Mumbai in the following manner:
⦁ Three (3) arbitrators shall be involved. Each party shall appoint one arbitrator, and the third arbitrator is to be selected jointly by the appointed arbitrators;
⦁ The arbitration award must be in writing and shall final and binding, and enforceable in any competent court of law; and
⦁ The prevailing party may, at panel’s discretion, be awarded its costs and reasonable fees, including counsel fees.
⦁ The provisions of this Section shall survive the termination of the Terms of Use.
⦁ In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Application or if You wish to report a grievance regarding Application or Application Services, please report the same to the following e-mail id: compliance@winglr.com or reach out to our Grievance Officer, whose contact information is detailed below:
Name: Pankaj
Email ID: pankaj@winglr.com
Postal address: 702, Shreeji Regency, Mulund East, Mumbai, Maharashtra 400081
⦁ Please provide Us with a detailed description of the complaint/grievance, and We will acknowledge the complaint within twenty-four hours and will endeavor to resolve Your grievances within one month from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
⦁ If You want to grant, manage, review or withdraw Your consent, You can reach to Us through the Consent Manager. The appointment of Consent Manager align with the regulations set forth in the Digital Personal Data Protection Act, 2023.
You may contact the Consent Manager at: contactus@winglr.com
⦁ You hereby expressly agree to receive communications by way of SMS/ phone calls and/or e-mails from the Company and Third- Party Service Providers relating to the Application Services provided through the Application; and/or
⦁ You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by e-mailing to compliance@winglr.com or contacting our Grievance Officer. However, this may limit the extent of Application Services that you can avail.
The Company shall not be held responsible for the non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to downtime resulting from technical reasons, or for any reason whatsoever, whether or not under the Company’s control. However, it shall be in our best endeavor to make sure the Application is operational at all times.
⦁ Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Application. Any notice provided to the Company pursuant to the Terms of Use should be sent to our Grievance Officer with subject line - Attention: TERMS OF USE.
⦁ Assignment: You cannot assign, or otherwise, transfer the Terms of Use, or any rights granted hereunder to any third-party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third-party without the requirement of seeking Your consent.
⦁ Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
⦁ Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
