Terms of Use

Niwi AI Private Limited

Sept 14, 2023 Electronic Record

01. MANDATE & AGREEMENT

These terms of use (“Terms of Use”) mandate the terms on which the users (hereinafter referred to as “You” or “you” or “Your” or “End-User” or “Users”) access and register on ‘niwi.ai’ website, web application, mobile application or any other link (collectively referred to as the “niwi.ai Platform”), operated by Niwiai Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “niwi.ai” or “niwi” or “Niwi” or “Company”), and the Platform Services (as defined below and hereinafter referred to as “niwi.ai Platform Services”), provided through the niwi.ai platform.

This document is an electronic record in terms of 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 (together hereinafter referred to as “Agreement”) carefully before using or registering on the niwi.ai platform or accessing any material, information or platform services through the niwi.ai Platform. Your access to or use of the niwi.ai Platform (even when You do not avail of or provide any services on the niwi.ai platform) or booking, purchase or availment of the niwi.ai Platform 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 niwi.ai Platform for other services.

02. APPLICABILITY

These Terms of Use applies to all the users of the niwi.ai Platform including:

Suppliers & Partners

Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the niwi Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”).

Legal Entities

An individual or legal entity who inquires, accesses, purchases or registers on the niwi.ai Platform and/or places a service request on the niwi.ai Platform.

General Users

Otherwise a user or visitor of the niwi.ai Platform.

03. NIWI.AI PLATFORM SERVICES

You acknowledge that the niwi.ai Platform is a web service that allows You to avail services/buy products directly from the Company as well as from various Partners. Some of the services (collectively, the “niwi.ai Platform Services”) and products (collectively, the “niwi.ai Products”) available on the niwi.ai Platform and provided by Company/Partners are listed below:

Diet programmes, Meal Planning, Video Consultations and allied services, for individuals and for groups of persons as well, which would be called as 'Group Programmes or Linked Accounts', (“Diet Services”) provided by the Company

Diet programmes, Meal Planning, Video Consultations, priority access to diet counsellors and nutrition experts and allied services, at a premium cost' (“Premium Services or n.Premium” or “niwi.ai concierge”) provided by the Company, including providing access to a club called ‘n.club’, which grants even more exclusive services such as priority access, increased discounts, higher reward coins etc.

Vouchers, which act as gift cards with no date of expiry; including the provision to purchase a voucher and ‘gift’ it to another individual

Booking appointments with diet counsellors on the niwi.ai Platform to collect feedback on the progress of the diets and provide better guidance to the person/entity following a Diet programme

‘Refer a Friend’ service which will allow You to provide contact details of another person who you think could benefit from niwi.ai Platform Services. The person so referred shall have to personally consent to joining the niwi.ai Platform Services to use them

Procurement and/or generation, reproduction on the niwi.ai Platform, and communication to You of (i) Your indicative completion of Diet Services, Premium Services, n.club Services, Vouchers; and (ii) any documents or data generated from Your purchase and/or usage and/or consumption of aforementioned services, separately as well as jointly with other services listed on the niwi.ai Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, etc. (“Other Diverse Services”)

Diverse Appointment Booking Services and Other Diverse Services shall be collectively referred to as “Diverse Offerings”

Diet Programmes, n.club memberships, vouchers, purchasing for Linked Accounts, Referring a Friend and Diverse Offerings shall be collectively referred to as “niwi.ai Platform Services” and shall be provided by Company, partners or their associates with whom the Company or partners have contractual arrangements

The Company shall facilitate the provision of the niwi.ai Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various services purchased / booked on the niwi.ai Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the niwi.ai Platform on the terms and conditions set forth below

The Company provides a software titled ‘niwi hub’, which name may be altered. Niwi hub is a software as a service for Other Nutritionists, Health Coaches and Dietetics Professionals, which provides a digital infrastructure for the said professionals to run their business efficiently, effectively and with reduced margins of errors. Niwi hub is provided as a subscription service

The charges indicated on the niwi.ai Platform for the niwi.ai Platform Services will be as determined by the Company, and are inclusive of taxes and other applicable charges as mentioned on the niwi.ai Platform. The charges and niwi.ai Platform Services may change at the Company's sole discretion and the Company does not guarantee that the charges will be the lowest in the city, region or geography or if the services will be available for delivery/performance at all times. For Digital Services, You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annually. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

The niwi.ai Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.

04. ELIGIBILITY TO USE

You are eligible to use the niwi.ai Services only when You fulfil the following conditions:

You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the niwi.ai Platform Services because of age, or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless the Company, their associates / service providers, and niwi.ai Platform and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by relevant partners, their associates / service providers, and niwi.ai Platform and its business partner(s) 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 such individuals pursuant to these terms.

You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or purchase of the niwi.ai Platform Services signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the website/app niwi.ai Platform Providers. To the fullest extent permissible pursuant to applicable law, your use of the niwi.ai Platform Services and your attendance at, participation in, purchase and/or use of the niwi.ai Platform Services, is solely at your own risk and the Platform and/or relevant partner, and/or niwi.ai Platform Service Provider does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the niwi.ai Platform Services.

If the Company and/or relevant partners run any offers or discounts subsequent to Your purchase, neither Company and/or relevant partners and/or niwi.ai Platform nor their business partner(s) are obliged to offer You the benefits under such subsequent offers for your previous purchase, however the Company and/or relevant partners and/or niwi.ai Platform or their business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discounts, vouchers, sales schemes/ campaigns etc.

You agree to abide by fair usage and the number of sessions permitted to be booked shall be as per the respective membership's/subscription's terms and conditions. Further, niwi.ai Platform reserves the right to penalise You or suspend / terminate Your membership /subscription in case of misuse of niwi.ai Platform Services, or for reasons decided solely by the Company.

The Company may review Your usage of the niwi.ai Platform Services and suspend or terminate Your membership/subscriptions at any time for any reason in at their sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has misused the niwi.ai Platform Services, or mistreated/abused/disrespected/harmed directly or directly, whether physically, mentally or both, any staff, professional, partner, employee, agent or like, then upon receiving such complaint the Company reserves the right to terminate the account/User's membership in question, and You agree to forfeit any amounts paid by You for that Service. Aforementioned also reserves the right to initiate legal action against You.

You have provided Your consent to the niwi.ai Platform to share Your details and other records, if any, with the Company, or other service providers for providing services to you through lawful engagement with the Company.

You agree to only provide content or information that does not violate the law nor anyone's rights (including intellectual property rights). All rights, title and interest including all intellectual property rights in niwi.ai including images, content, any derivatives, modifications, enhancements and new innovations undertaken on the niwi.ai Platform Services shall belong to and vest entirely in the Company. The Company, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving niwi.ai, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law.

For the information or content that You submit or post on Your niwi.ai Profile or submit to your 'niwi Dietician', whether personally or through remote electronic means like mobile chat services, email or picture sharing options, You are hereby granting the Company and its affiliates a worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party.

The Company reserves all the right, title and interest on niwi.ai Platform Services not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all contents uploaded by niwi.ai are believed to be in the public domain as either promotional materials or publicity photos as the Company may determine.

05. PROHIBITED CONDUCT

The Company may access, review, screen, and delete content uploaded on the niwi.ai Platform at any time and for any reason. You alone, though, remain responsible for the content You create, upload, post, send, or store on the Your niwi.ai Profile and at other shareable platforms. You will not, and will not permit any person, directly or indirectly, to:

use niwi.ai including images or any content for any illegal, misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which infringes the rights of the Company or others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information or any other content which belongs to another person over which You do not have any legal right through any bookmark, tag or keyword

make available, sublicense, otherwise transfer or assign, or otherwise exploit niwi.ai or do anything to interfere with or impair the intended operation of the Company

edit, change, prepare any derivative work of or alter in any way any of the Images or content posted/provided on niwi.ai

input, upload, transmit or otherwise provide to or through the niwi.ai Platform any information or materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or harmful code, or any other similar software or programs, or disrupt or interfere with the security of, or otherwise cause harm to, the niwi.ai Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the niwi.ai Platform or any affiliated or linked sites

act in a manner intended to exceeding any restrictions or limitations set forth in these Terms of Use or the Privacy Policy

impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity

attempt to gain unauthorised access to any portion or feature of the niwi.ai Platform, any other systems or networks connected to the niwi.ai Platform, or to any of the services offered on or through the niwi.ai Platform, by hacking, password mining or any other illegitimate means

collect or store data about other Users in connection with the prohibited conduct and activities or conduct/forward surveys, contests, pyramid schemes or chain letters

upload any other content which is non-compliant with the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Terms and Policies

06. DIGITAL & TRAINING SERVICES

The Company facilitates provision of Digital Content Services, i.e. pre-recorded and/or do-it-yourself audio and/or video content relating to nutrition, cookery, recreation and allied content, which shall be fulfilled directly by the Company or through service providers with whom the Company has contractual arrangements. Unless otherwise agreed by the Company in a separate written agreement with You, the Digital Services are made available solely for Your personal and non-commercial use.

Relevant Partners and/or their associates may facilitate the provision of Digital Training Services, i.e. real time audio and/or video consultancy/coaching and/or training session(s) relating to nutrition, cookery and allied services.

niwi Platform / relevant Partner will have no liability if any session with diet counsellor is later cancelled; but the Company shall use best efforts to intimate You in advance of such rescheduling or cancellation of sessions, however, niwi Platform / relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling / cancellations shall be booking of an alternate session.

niwi Platform / relevant Partner may record audio and / or video of any and all sessions conducted under Digital Training Services, for quality and safety purposes, which may be referred to in case of any complaints / disputes.

You will be eligible to use the Digital Services only when You fulfil the following conditions:

You have attained at least 18 (eighteen) years of age, and
You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Digital Services because of age or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless niwi Platform, Partners and their associates, service provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by niwi Platform, Partners and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use.

To the fullest extent permitted by law, niwi Platform / relevant Partner disclaims all liability arising out of the User's use or reliance upon the niwi Platform, the Digital Services, representations and warranties made by the relevant Partner / service provider, the content or information provided by the relevant Partner / service provider on the Platform, or any opinion or suggestion given or expressed by relevant Partner / service provider or any Service Provider in relation to any Digital Services.

In the event the niwi Platform / relevant Partner(s) or their business partner(s) run any offers or discounts subsequent to Your purchase, neither niwi Platform/ relevant Partner(s) or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however niwi Platform/ relevant Partner(s) or their business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discounts and sales schemes/ campaigns.

Platform reserves the right to temporarily / permanently disable Your account from booking further online Sessions on niwi Platform or impose any other cancellation charges in the event You cancel / miss a scheduled Session or misuse the services.

Terms of Digital Content Services:

Subject to confirmed payment of necessary fee/purchase of required membership/subscription, You shall be permitted to book and participate in various underlying Digital Content Service and allied services.

The Company may also permit access to a variety of audio and/or videos relating to cooking, listing of various recipes, lifestyle training and such other content as provided by it/its associates on the niwi.ai Platform. Access to such audio and/or videos is solely for personal, informational and reference purposes and You shall be solely responsible for their usage. The Company, niwi.ai Platform, relevant Partner and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your usage of or participation in such Digital Services as offered on the niwi.ai Platform.

niwi.ai Platform/relevant Partner will have no liability if any session with diet counsellor is later cancelled; but the Company shall use best efforts to intimate You in advance of such rescheduling or cancellation of sessions, however, niwi.ai Platform/relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling/cancellations shall be booking an alternate session at a mutually agreed time.

niwi.ai Platform/relevant Partner may record audio and/or video of any and all sessions conducted under Digital Training Services, for quality and safety purposes, which may be referred to in case of any complaints/disputes.

You will be eligible to use the Digital Services only when You fulfil the following conditions:

You have attained at least 18 (eighteen) years of age, and
You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Digital Services because of age or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless niwi.ai Platform, Partners and their associates, service provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by niwi.ai Platform, Partners and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use.

To the fullest extent permitted by law, niwi.ai Platform/relevant Partner disclaims all liability arising out of the User's use or reliance upon the niwi.ai Platform, the Digital Services, representations and warranties made by the relevant Partner/service provider, the content or information provided by the relevant Partner/service provider on the Platform, or any opinion or suggestion given or expressed by relevant Partner/service provider or any Service Provider in relation to any Digital Services.

In the event the niwi.ai Platform / relevant Partner(s) or their business partner(s) run any offers or discounts subsequent to Your purchase, neither niwi.ai Platform/ relevant Partner(s) or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however niwi.ai Platform/ relevant Partner(s) or their business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discounts and sales schemes/ campaigns.

Platform reserves the right to temporarily/permanently disable Your account from booking further online Sessions on niwi.ai Platform or impose any other cancellation charges in the event You cancel/miss a scheduled Session or misuse the services.

07. DIVERSE OFFERINGS

Diverse Appointment Booking Services and Other Diverse Services:

In order to avail Other Diverse Services, You agree to having provided Your consent to niwi.ai Platform to share all health and other medical records, if provided by You to the Company and/or registered medical practitioners and third parties engaged by the Company.

You may cancel or reschedule appointments using the niwi.ai Platform, subject to permitted cancellation & rescheduling timelines and availability of a time slot of the diet counsellor or any other service provider. The Company also reserves the right to cancel or reschedule appointments with no prior notice; although such cancellation/reschedule will be practised in exceptional circumstances.

The Company shall not be liable for any inconvenience or loss caused to You as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations except for the reasons expressly specified.

As part of the niwi.ai Platform Services provided to You, after availing such services, You agree to provide honest feedbacks/reviews, including text/video reviews on public platforms such as Google, JustDial etc. about the quality and results of Niwi's Services, if required by the Company.

In case of any dissatisfaction with the niwi.ai Platform Services, You shall first reach out to the Company prior to pursuing any other recourse. The decision of the Company shall be final.

08. USER ACCOUNT, PASSWORD & SECURITY

In order to avail the niwi.ai Platform Services on the niwi.ai Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details, weight, height, health concerns, allergies and such other details as may be required on the niwi.ai Platform and create an account ("Account").

You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the niwi.ai Platform.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

Furthermore, Niwi shall not be liable for any consequences that You feel mentally or physically on account of the untrue, inaccurate, not current, incomplete or incorrect information that You may have provided to Niwi.

You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorised use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this.

Any niwi.ai Digital Services membership may start with a Free Trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free Trials may not be combined with certain other offers, as specified. Niwi reserves the right to withdraw any free trials for any reason at its sole discretion and You are not entitled to Free Trials as a matter of right, but may be granted one at the Company's discretion.

Use of another User's Account information for availing the niwi.ai Platform Services is expressly prohibited.

You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third party charges may apply.

You may be offered (a) pay per session; (b) subscription options, which could be weekly, monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

09. PAYMENT SERVICES & REFUND POLICY

Payment Services:

All payments in respect of the Platform Services shall be made to the Company through the niwi.ai Platform or its official payment gateway and channels. To the extent permitted by applicable law and subject to the Company's Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment ("Payment Details") with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (i) You are legally authorised to provide such Payment Details; (ii) You are legally authorised to perform payments using such Payment Details; and (iii) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company's Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

The payment receipt/transaction summary/invoice shall be provided by the Company or will be made available on the niwi.ai Platform which can be downloaded by You as well.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorised through the niwi.ai Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (i) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (ii) You have not provided the Company with correct Payment Details; (iii) Your payment card or any other payment methodology tool (UPI etc.) has expired; or (iv) circumstances beyond the Company's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

Refund Policy:

Diet Programmes, premier programmes, n.club memberships, niwi hub subscriptions and any payment made to the Company will be non refundable and You expressly agree to the same. It is reiterated that any diet programmes bought by You are non-refundable, non-exchangeable, and non-saleable.

Refunds cannot be claimed for any partial-term subscription period. You may however, pause the Diet Programme and continue it at a later date of your choosing upon informing the Dieticians assigned to You.

Vouchers: Any vouchers bought by You are non-refundable, non-exchangeable, non-saleable; but can be transferable, via 'gift your voucher' to another person or be used by You at a later date with no time expiry.

With regards to payments, the niwi.ai Platform shall not be responsible for any unauthorised transactions conducted on our niwi.ai Platform using Your payment card or internet banking. The niwi.ai Platform shall not be obligated to refund any money to You in such instances.

10. USE OF NIWI PLATFORM & INTELLECTUAL PROPERTY

Use of niwi Platform:

Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this niwi.ai Platform and the niwi.ai Platform Services. You agree to use the niwi.ai Platform Services, niwi.ai Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the niwi.ai Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the niwi.ai Platform by the Company/other Users whether directly or indirectly.

You agree not to access (or attempt to access) the niwi.ai Platform and the materials or niwi.ai Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the niwi.ai Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the niwi.ai Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the niwi.ai Platform.

You acknowledge and agree that by accessing or using the niwi.ai Platform or niwi.ai Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the niwi.ai Platform.

If the niwi.ai Platform allows You to post and upload any material on the niwi.ai Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the niwi.ai Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the niwi.ai Platform and delete any information/data that is inconsistent with these Terms of Use.

Further, You undertake not to:

defame, abuse, harass, threaten or otherwise violate the legal rights of others

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, untrue, indecent, unlawful material or information whether about Niwi or not

copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company

conduct or forward surveys, contests, pyramid schemes or chain letters

upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents

upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the niwi.ai Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services

engage in any activity that interferes with or disrupts access to the niwi.ai Platform or the niwi.ai Platform Services or the Content (or the servers and networks which are connected to the niwi.ai Platform)

attempt to gain unauthorised access to any portion or feature of the niwi.ai Platform, any other systems or networks connected to the niwi.ai Platform, to any Company server, or to any of the niwi.ai Platform Services offered on or through the niwi.ai Platform, by hacking, password mining or any other illegitimate means

probe, scan or test the vulnerability of the niwi.ai Platform or any network connected to the niwi.ai Platform, nor breach the security or authentication measures on the niwi.ai Platform or any network connected to the niwi.ai Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the niwi.ai Platform, to its source, or exploit the Content, niwi.ai Platform or niwi.ai Platform Services or information made available or offered by or through the niwi.ai Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the niwi.ai Platform

disrupt or interfere with the security of, or otherwise cause harm to, the niwi.ai Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the niwi.ai Platform or any affiliated or linked sites

collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section

use any device or software to interfere or attempt to interfere with the proper working of the niwi.ai Platform or any transaction being conducted on the niwi.ai Platform, or with any other person's use of the niwi.ai Platform

use the niwi.ai Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties

falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

violate any applicable laws or regulations for the time being in force within or outside India or anyone's right to privacy or personality

violate the Terms of Use contained herein or elsewhere

reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information or software obtained from the niwi.ai Platform

Publish false information, reviews, ratings, video testimonials which are not a true representation of Your experience with Niwi. Niwi reserves its right to pursue legal action if You do so

Intellectual Property Rights:

The niwi.ai Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, images, data, documents, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the "Content") on the niwi.ai Platform is owned and controlled by the Company and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the niwi.ai Platform ("Marks") are the property of the Company. You are not permitted to use the Marks without the prior express consent of the Company.

Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the niwi.ai Platform, subject to the following conditions:

You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use
You may not modify or alter the Content available on the niwi.ai Platform
You may not distribute or sell, rent, lease, licence or otherwise make any Content on the niwi.ai Platform available to others
You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the niwi.ai Platform

11. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of Warranties & Liability:

You expressly understand and agree that, to the maximum extent permitted by applicable law:

the niwi.ai Platform, niwi.ai Platform Services and other Content are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:
the niwi.ai Platform or the niwi.ai Platform Services or the Content will meet Your requirements or Your use of the niwi.ai Platform or the niwi.ai Platform Services will be uninterrupted, timely, secure or error-free
the results that may be obtained from the use of the niwi.ai Platform, or niwi.ai Platform Services will be effective, accurate or reliable
the quality of the niwi.ai Platform or niwi.ai Platform Services or Content will meet Your expectations
any errors or defects in the niwi.ai Platform or niwi.ai Platform Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the niwi.ai Platform Services shall create any warranty not expressly stated in the Terms of Use
the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content
the Company will not be liable for any loss that You may incur as a consequence of unauthorised use of Your Account or Account information in connection with the niwi.ai Platform or niwi.ai Platform Services, either with or without your knowledge

The Company has endeavoured to ensure that all the information on the niwi.ai Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or niwi.ai Platform Services. The Company shall not be responsible for the delay or inability to use the niwi.ai Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the niwi.ai Platform, or otherwise arising out of the use of the niwi.ai Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the niwi.ai Platform during periodic maintenance operations or any unplanned suspension of access to the niwi.ai Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the niwi.ai Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

Indemnification and Limitation of Liability:

You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates') officers, directors, consultants, agents, employees and Vendors on the Platform ("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.

Further, You agree to hold 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 niwi.ai Platform or niwi.ai Platform 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.

In no event shall 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 niwi.ai Platform, niwi.ai Platform Services or Content on the niwi.ai Platform. 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 from You.

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.

Violation of the Terms of Use:

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company obtaining may have at law or in equity. If the Company takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay all reasonable legal fees and costs of such action, in addition to any other relief that may be granted.

12. SUSPENSION AND TERMINATION

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 niwi.ai Platform, your only recourse is to (i) close Your Account on the niwi.ai Platform; and/or (ii) stop accessing the niwi.ai Platform.

The Company may delist You or block Your future access to the niwi.ai Platform or suspend or terminate your Account if 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. 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 niwi.ai Platform, the Company may delete any Content or other materials relating to Your use of the niwi.ai Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transaction details may be preserved by the Company for purposes of tax or regulatory compliance.

You shall be liable to pay for any niwi.ai Platform Services that you have already ordered till the time of termination by either party whatsoever.

13. GOVERNING LAW

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 exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.

14. REPORT ABUSE AND GRIEVANCE REDRESSAL

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 niwi.ai Platform or if You wish to report a grievance regarding niwi.ai Platform or niwi.ai Platform Services, please report the same to the following e-mail id: info@niwi.ai or reach out to our Grievance Officer, whose contact information is detailed below:

Grievance Officer

Mr. Chaitanya Puri

info@niwi.ai

Postal Address

C-113, Sector-39, Noida, Uttar Pradesh, 201303

Please provide detailed description of the complaint/grievance. Resolution within 15 days.

Lodge Complaint

15. COMMUNICATIONS

You hereby expressly agree to receive communications by way of SMS, WhatsApp and/or e-mails from the Company relating to the niwi.ai Platform Services provided through the niwi.ai Platform. You can unsubscribe/ opt-out from receiving communications through those modes at anytime. However, this may limit the extent of niwi.ai Platform Services that you can avail.

16. GENERAL PROVISIONS

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@niwi.ai or 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.

17. IP INFRINGEMENT

If You believe the niwi.ai Platform or any of the niwi.ai Platform Services violates Your intellectual property, You must promptly notify the Company in writing at info@niwi.ai. These notifications should only be submitted by the owner of the intellectual property or an agent authorised to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the niwi.ai Platform.

You are required to provide the following details in Your notice:

the intellectual property that You believe is being infringed
the item that You think is infringing and include sufficient information about where the material is located on the niwi.ai Platform
a statement that You believe in good faith that the item You have identified as infringing is not authorised by the intellectual property owner, its agent, or the law to be used in connection with the niwi.ai Platform
Your contact details, such as Your address, telephone number, and/or email
a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorised to act on behalf of the intellectual property owner whose intellectual property is being infringed
Your physical or electronic signature

Last Updated on September 14th, 2023