Terms and Conditions

1. INTRODUCTION

Welcome to Witzeal Technologies Pvt. Ltd ("Company," "we," "our," "us"). These Terms and Conditions ("Terms") govern your access to and use of our corporate website https://www.witzeal.com ("Website"). By accessing or using this Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately cease using this Website.

These Terms apply solely to the corporate website and do not govern the use of any gaming services, platforms, or applications operated by Company.

2. ACCEPTANCE OF TERMS

2.1 Legally Binding Agreement

By accessing, browsing, or using the Website in any manner, you acknowledge and agree that you have read, understood, and accepted these Terms, along with our Privacy Policy and any other applicable policies incorporated herein by reference.
These Terms constitute a legally binding agreement between you and Company, governing your use of the Website. If you do not agree to these Terms, you must immediately cease all access and use of the Website.
Your continued use of the Website after any modifications to these Terms signifies your acceptance of the updated terms. It is your responsibility to review these Terms periodically for any changes.

2.2 Eligibility and Authority

By using the Website, you represent and warrant that: (a) You are at least 18 years old, or of legal age to enter into a binding contract under the laws of your jurisdiction; (b) You have the legal capacity and authority to accept these Terms, either on your own behalf or on behalf of a legal entity you represent; (c) Your use of the Website does not violate any applicable laws, regulations, or contractual obligations.
If you are using the Website on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, all references to "you" and "your" shall refer to both the individual user and the entity.

2.3 Modification and Updates to Terms

Company reserves the right, in its sole discretion, to modify, update, or amend these Terms at any time without prior notice.
Modifications will become effective immediately upon being posted on the Website, unless otherwise specified.
You are responsible for reviewing these Terms regularly to stay informed of any changes. Your continued use of the Website after any revisions constitutes your acknowledgment and acceptance of the modified Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website immediately.

2.4 Right to Refuse Access

Company reserves the right to refuse access to the Website or suspend your usage at any time and for any reason, including but not limited to: (a) Any violation of these Terms or other policies; (b) Suspected fraudulent, abusive, or illegal activities; (c) Technical or security concerns that require immediate action.
Any decision by Company to suspend or terminate access is final and at its sole discretion, and Company shall not be liable for any damages resulting from such action.

2.5 Electronic Consent and Communications

By accessing and using the Website, you consent to receive electronic communications from Company, including but not limited to emails, notifications, and messages regarding updates, transactions, or promotional offers.
You acknowledge that electronic communications satisfy any legal requirement that such communications be in writing.
If you wish to withdraw your consent to electronic communications, you must notify Company in writing and discontinue your use of the Website.

3. WEBSITE USE AND RESTRICTIONS

3.1 Permitted Use

You may use the Website solely for informational purposes and lawful activities related to Company.
You shall not engage in any activity that disrupts or interferes with the Website’s functionality.

3.2 Prohibited Use You shall not

Use the Website for any unlawful, fraudulent, or deceptive purposes.
Attempt to gain unauthorized access to the Website, its servers, or any associated networks.
Modify, distribute, or copy Website content without explicit permission from Company.
Engage in any activity that could damage, disable, or impair the Website or its infrastructure.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of Intellectual Property

All content, features, functionality, and materials available on the Website, including but not limited to text, graphics, images, logos, icons, trademarks, service marks, domain names, videos, audio files, software, design elements, layout, and overall look and feel of the Website (collectively, “Proprietary Content”), are the exclusive property of Company, its licensors, or other content providers, and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws.
No rights, title, or interest in any Proprietary Content is transferred to you as a result of accessing or using the Website. All rights not expressly granted under these Terms are reserved by Company.

4.2 Limited License and Permitted Use

Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Website and its content for personal, non-commercial purposes only
This limited license does not grant you any rights to: (a) Modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, sublicense, publicly perform, or create derivative works of any Proprietary Content; (b) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained within the Website; (c) Use any automated tools, bots, scrapers, or data mining techniques to access, extract, or exploit content from the Website; (d) Reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Website.

4.3 Trademarks and Branding

Company, its logos, product names, and associated brand elements are trademarks or registered trademarks of Company in India and/or other jurisdictions.
Any unauthorized use of Company’s trademarks, trade dress, or branding without prior written consent is strictly prohibited.
Third-party trademarks displayed on the Website belong to their respective owners, and nothing contained on the Website should be construed as granting any right or license to use such trademarks without the express permission of the owner.

4.4 User-Generated Content

If the Website permits user submissions, you acknowledge and agree that any content, feedback, suggestions, ideas, or other materials you submit (“User Content”) shall be deemed non-confidential and non-proprietary.
By submitting User Content, you grant Company a perpetual, irrevocable, worldwide, royalty-free, transferable, and sub-licensable license to use, reproduce, distribute, modify, adapt, publicly display, and create derivative works of such content for any purpose, including marketing, product development, and service enhancements.
You represent and warrant that you have the necessary rights to submit User Content and that such content does not infringe upon the rights of any third party.

4.5 Intellectual Property Infringement Claims

Company respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Website infringes your intellectual property rights, you may submit a written notice to Company at support@witzeal.com with the following details: (a) Identification of the copyrighted work or trademark that has been allegedly infringed; (b) Description of the material that is claimed to be infringing, along with its location on the Website; (c) Your contact information, including name, address, email, and phone number; (d) A statement affirming that you have a good faith belief that the use of the material is unauthorized; (e) A statement, under penalty of perjury, that the information provided in the notice is accurate and that you are the owner or authorized to act on behalf of the owner of the allegedly infringed rights.

4.6 Enforcement of Rights and Remedies

Any unauthorized use, reproduction, or distribution of Proprietary Content may result in civil and/or criminal liability under applicable intellectual property laws.
Company reserves the right to pursue legal remedies, including seeking injunctive relief, damages, and attorneys' fees, against individuals or entities that infringe upon its intellectual property rights.
If Company determines, in its sole discretion, that any use of the Website violates these Terms or infringes upon intellectual property rights, it reserves the right to terminate your access to the Website without notice and pursue appropriate legal action.

5. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites or services. These links are provided for convenience and informational purposes only.
Company does not endorse or assume responsibility for the content, policies, or practices of any third-party websites.
Accessing third-party websites through links on our Website is done at your own risk.

6. DISCLAIMER OF WARRANTIES

The Website is provided "as is" and "as available" without any warranties, express or implied.
Company does not guarantee uninterrupted or error-free operation of the Website.
We disclaim any liability for inaccuracies, errors, or omissions on the Website.

7. LIMITATION OF LIABILITY

7.1 General Disclaimer

To the maximum extent permitted under applicable law, Company, including its affiliates, directors, officers, employees, agents, contractors, licensors, successors, and assigns (collectively, “Indemnified Parties”), shall not be liable for any direct, indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or in connection with your use of or inability to use the Website, even if Company has been advised of the possibility of such damages.

7.2 Exclusion of Liability

Without limiting the generality of the foregoing, Company shall not be liable for:

(a) Any inaccuracies, omissions, or errors in the Website’s content, whether caused by negligence or otherwise;

(b) Any interruption, suspension, modification, or termination of the Website, including but not limited to service downtime, maintenance, or updates;

(c) Any loss, corruption, or unauthorized access to data, including but not limited to personal information submitted through the Website;

(d) Any unauthorized access, hacking, cyber-attacks, viruses, malware, or other security breaches affecting the Website or its users;

(e) Any third-party services, products, or websites linked to or integrated with the Website, including damages arising from reliance on external content or transactions with third-party providers;

(f) Any user-generated content or submissions on the Website that may be defamatory, infringing, misleading, or unlawful.

7.3 Limitation of Remedies

If, notwithstanding the above limitations, Company is found liable to you for any claim or damages arising from your use of the Website, the maximum aggregate liability of Company shall in no event exceed INR 1000/- or the equivalent in local currency.

7.4 Acknowledgment of Risk

By accessing and using the Website, you acknowledge and agree that:

(a) Your use of the Website is entirely at your own risk;

(b) The Website is provided on an “as is” and “as available” basis without any warranties, express or implied;

(d) You are solely responsible for implementing appropriate security measures, such as anti-virus software, firewalls, and secure internet practices, to protect your devices and data.

7.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain liabilities. If any provisions of this section are deemed unenforceable in a particular jurisdiction, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

8. INDEMNIFICATION

8.1 General Indemnity

You agree to fully indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:

(a) Your use of or access to the Website, including any data, content, or materials you submit, post, or transmit through the Website;

(b) Your violation of these Terms and any applicable laws, regulations, or third-party rights, including intellectual property, privacy, or contractual rights;

(c) Any unauthorized or illegal activities conducted under your account or through your access to the Website, whether or not authorized by you;

(d) Any misrepresentation, fraud, misconduct, or negligence on your part in connection with your use of the Website;

(e) Any technical disruption, interference, or harm caused by you to the Website, including any unauthorized access, hacking, introduction of malware, or distribution of harmful content.

8.2 Defense and Control

Company reserves the right, at its sole discretion, to assume exclusive defense and control of any matter subject to indemnification by you.
You agree to cooperate fully in the defense of any such claims and shall not settle any claim or liability without obtaining prior written consent from Company.
If Company chooses to assume control of any indemnified claim, it shall do so at its own expense, and you shall remain responsible for reimbursing any reasonable costs and expenses incurred by Company in defending such claims.

8.3 Indemnity for Third-Party Claims

If any third party makes a claim against Company arising from your breach of these Terms, your use of the Website, or any content you submit or share, you agree to indemnify and hold Company harmless against all liabilities, damages, losses, and expenses (including reasonable legal fees).
This obligation shall survive the termination or expiration of these Terms and your use of the Website.

8.4 No Limitation on Rights

The indemnification obligations outlined in this section shall be in addition to and not in lieu of any other indemnities or remedies available to Company under law or equity.
Company reserves the right to enforce its rights under this provision in any jurisdiction where it operates or has legal standing.

9. PRIVACY POLICY

By using the Website, you acknowledge and agree to the terms of our Privacy Policy, which governs the collection and use of user data.
We reserve the right to update our Privacy Policy at any time.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of India.
Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in Gurugram,India.

11. FORCE MAJEURE

Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, cyber-attacks, or regulatory changes.

12. TERMINATION

We reserve the right to terminate or suspend access to the Website without prior notice if you breach these Terms.
Upon termination, all rights granted to you under these Terms will cease immediately.

13. CONTACT INFORMATION

For any legal inquiries or concerns, please contact us at support@witzeal.com.