Terms Of Service
Effective as of May 2nd, 2023
Please carefully read and ensure that you understand these terms and conditions of use before using this site.
2. Licence Grant
3. Intellectual Property Rights – Limitations on Use
The intellectual property rights in the Web Site and the materials are owned by Neowise and/or its affiliates that you acknowledge such ownership.
This Web Site is operated by Neowise (referred to as “we,” “us,” or “our” herein). No material from Neowise may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner, except that you may download one copy of the materials on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. For the purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks and trade names are proprietary to Neowise.
You agree not to:
- Reproduce, duplicate, copy or otherwise use or exploit the material for commercial purposes;
- Exhibit any material from the website in public;
- Sell, sub-licence, redistribute or rent the materials on the website;
- Edit or otherwise modify material(s) on the website;
- Republish any material from this website including on another website.
You acknowledge that contravention of the above prohibitions will be violating Neowise’s copyright and other proprietary rights.
You agree not to conduct data mining or other systematic or automated data collecting activities in relation to this website.
You must not use the website for purposes of distributing or otherwise dealing with any malicious computer software.
You must not use the website which causes or may cause, in any manner, damage to the website or impair the website’s availability or accessibility. You must not use the website in any way which is illegal, fraudulent or harmful.
4. Electronic Communications
When you visit www.neowise.neowise or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Services of Neowise shall only be used if you can form a binding contract with Neowise in compliance with all applicable local and international laws. Neowise services are not available to users who have been removed by Neowise for any reason whatsoever.
a). After the payment of the requisite subscription fee(s) (“licence fee”) in the amount(s) indicated on www.Neowise.money (“website”), the user will be entitled to use Neowise services, a non-exclusive, limited, non- transferable, worldwide licence to access and use the Neowise services.
b). Authorised users are permitted to use Neowise services and the subscriber/customer shall not, and shall ensure that its personnel, do not share the passwords or access to use Neowise services except to the extent expressly indicated and/or permitted by Neowise.
c). Neowise will provide its services commencing on the effective date of subscription services till the term of the Agreement.
d). Neowise in its sole discretion may terminate the licence in the event of violation of all or any of these conditions, namely: (a) Licensee’s material breach of the Agreement, (b) Non-Payment of License Fee(s), and (c) Any of the breach of the Access and Usage Restrictions of Neowise.
e). Neowise offers free trial services to potential subscribers/customers. While on trial period you are authorised to use one or more of Neowise services for a limited period of time, determined from time-to-time by Neowise. Trial periods are subject to the same terms and conditions as subscribers/customers.
6. Not Legal Advice
Content provided on the Web Site is not intended to and does not constitute legal advice and no solicitor-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
7. Linking to this Web Site
8. Licence of your content to Neowise
By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) the Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence, with right to sub-license, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against the Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
You shall not distribute on or through this Web Site any Content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of Neowise. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third-party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
11. Orders and Termination
Quotes and Orders: Customer will issue to Neowise, a written purchase order or other form of written or electronic communication committing to a purchase of the services. Each such purchase order must include customer’s name, address, contact information, the services purchased by, or licensed to, customer thereunder, the commercial terms and specific usage rights with respect to the services (if any), the term of the services, and such other terms as the parties may mutually agree. No purchase order is binding on Neowise unless and until it is accepted by an authorised representative of Neowise, (each such accepted purchase order, an “order”). Except as expressly agreed to in writing by Neowise’s authorised representative or otherwise provided herein, any terms or conditions in any purchase order or other communication from customer that conflict, modify, or add to the terms and conditions hereof are hereby rejected and are null, void, and of no legal effect, and any failure to object thereto is not an acceptance thereof, nor will it constitute a waiver of the terms and conditions hereof. Notwithstanding the foregoing, if customer issues a purchase order based on a written quote from Neowise, specifying pricing terms, form of payment, timing of payment, and/or quantity, configuration, or other description of the services (each a “Quote”), customer will be deemed to have accepted such terms, including, without limitation, any such terms that conflict with, modify, or add to the terms of this Agreement, and this Agreement is explicitly made subject to such terms of such Quote.
Payment Terms: In consideration of the rights granted to customers under this Agreement, customers will pay to Neowise, as applicable, the fees set forth in each order in accordance with the terms of this Section. All fees and expenses are due and payable in Indian Rupees (INR); if payable to Neowise, net thirty (30) days from the date of invoice, unless otherwise stated by Neowise in writing. Any amounts not paid to Neowise when due will accrue interest at the rate of two percent (3%) per month, or the maximum amount permissible as per law, if lower. In the event that any payment is more than thirty (30) days past due, Neowise may suspend the services (including access to the software) without incurring any liability to the customer. Despite any such suspension, the customer acknowledges and agrees it will be required to pay all fees and expenses due and payable until this Agreement is terminated in accordance with the termination provisions set forth herein. In the event that any payment is more than sixty (60) days past due, the customer is responsible for, and agrees to pay, Neowise’s reasonable costs and expenses of collection, including, but not limited to, court and lawyers’/attorneys’ fees and expenses.
Unless otherwise agreed to in writing, all services will automatically be deemed accepted upon delivery. Customers shall have no right to return any services acquired.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide the Provider with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to inform the Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify Neowise immediately by contacting email@example.com
14. Postings in interactive areas of the Web Site
Postings to be Lawful: If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libellous , pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.
Postings to be in Your Name: Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
Neowise does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Neowise does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Neowise may make improvements and/or changes to its features, functionality or Content at any time.
16. Third-Party Interactions
Neowise service(s) may contain certain content, product, services and links to other independent third-party websites, applications or related tools (“Third-Party Materials”). Neowise shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Web Site. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Neowise.
17. Lawyer Ethics Notice
If you are an attorney/lawyer participating in any aspect of this Web Site, including but not limited to message(s), chats or e-mail forums, you acknowledge that the Bar Council Rules of Professional Conduct in India (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. Neowise disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message(s), chats, that you will not offer legal advice, but will only provide general information.
18. Limited Warranty
We represent and warrant that we have the right and authority to make the services available pursuant to our agreement with you.
Subject to the aforementioned clause and to the maximum extent permitted by law, the services are provided on an “as is”, “as available” basis and, unless expressly stated to the contrary in this agreement, we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise, including without limitation that the services and materials are or will be complete or free from errors or that the information will continue to be available to us to enable us to keep the services and materials up-to-date.
Each third-party supplier of materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary. Except as otherwise provided herein, nothing in this agreement shall be deemed to create any right in any person or entity that is not a party to this agreement.
Subject to the aforementioned clause, it is not intended that any contract between us and the subscriber/customer for the supply of services should be enforceable by any third-party.
19. Limitation of Liability
Under no circumstances will Neowise be responsible for any indirect, special, incidental or consequential damages resulting from the access, use or malfunction of Neowise’s services, including but not limited to damage to property, loss of goodwill, computer failure or malfunction, loss of profit, revenue, or for costs or expenses arising from such damage or loss.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
21. Third-Party Rights
The provisions of Limited Warranty, Limitation of Liability and Indemnification are for the benefit of Neowise and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
22. Unlawful Activity
23. Remedies for Violation
24. Governing Law
This Agreement shall be governed by and construed and enforced in accordance with Indian Law.
For any dispute with Neowise, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Neowise has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Any dispute arising out of or in connection with Neowise, including any question regarding its existence, validity or termination (each, a “Dispute”), shall be referred to the Mumbai Center for International Arbitration and finally resolved by arbitration in accordance with the Mumbai Center for International Arbitration (Arbitration Proceedings) Rules (the “MCIA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. The seat of arbitration shall be Mumbai. The arbitral tribunal shall consist of a sole arbitrator appointed in accordance with the MCIA Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes relating to the online information industry. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this Clause, the prevailing Party should be entitled to recover from the other Party its reasonable lawyers’ fees and other costs of arbitration, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two per cent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.
26. Severability; waiver
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure by a party to insist upon performance by the other party of any of its obligations under this Agreement will not constitute a waiver of the right to enforce its rights with respect to the same or any other provision. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of such right or remedy with respect to such occurrence or event in the future.
27. Data Policy
As per the terms and conditions set forth in this Agreement, the subscriber/customer understands that all the information and data displayed on the Web Site are aggregated by Neowise and its agents from multiple public sources. This aggregation of public data is conducted through proprietary techniques and/or technologies that Neowise has developed primarily to conduct its business; and as such, Neowise reserves all rights over this aggregated data and information.
The subscriber/customer understands that upon termination of the licence as set forth in this Agreement, or on the expiry of the subscription term; whichever is earlier, the subscriber/customer will not be able to receive any further information/updates or data or service through Neowise, or its agents and/or authorised representatives. The subscriber/customer also hereby acknowledges and understands that by discontinuation of service(s) offered by Neowise, the customer will not be able to utilise the service(s) offered by Neowise.
28. Force Majeure
Neowise shall not be liable for failure to perform its/their obligations if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or system(s) failure, industrial dispute or anything beyond the Neowise’s control.
29. Assignment of Terms
Neither party may assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of the other party. Any attempt by you to assign or transfer this Agreement, without such consent, will be null, void and of no legal effect. Notwithstanding the foregoing, either party may assign this Agreement to an Affiliate or to an entity acquiring all or substantially all of the assets or business of such party, upon notice to the other party. Subject to the foregoing, this Agreement will bind and insure to the benefit of the parties, their successors and permitted assigns. The term “Affiliate” shall mean, as to a party hereto, any person or entity who directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such party.
30. Entire Agreement
This Agreement represents the entire agreement between you and us concerning the subject matter described herein.
31. Alterations to Terms
We may amend the Terms at any time by posting the amended terms on this Web Site. Updated versions of the Terms will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes
We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at email@example.com
This Agreement was last modified on May 2nd, 2023