TERMS OF USE
Effective Date: 7th March, 2021
The website mewt.in and mewt mobile application (jointly
“App”) are owned and operated by mewt account private ltd. (“mewt account private ltd.”) a company
incorporated under the provisions of the Companies Act, 2013, and having its registered office
at 1st FLOOR, 138/12, 4TH MAIN ROAD, INDUSTRIAL TOWN, RAJAJINAGAR, BANGALORE,
KA, 560044. To access or use the App on any compatible device you are required to accept
these Terms and Conditions (“T&C”). By accepting these Terms
and Conditions, you signify that You have read, understood and agree to be bound by these
T&C].and any other applicable law, whether or not you are a registered member of the App. As
used herein, “Users” shall mean anyone who uses or accesses the App
on any computer, mobile phone, tablet, console or other device (collectively,
“Device”). Your continued use of the App shall be constituted as
your acceptance to the T&C, as revised from time to time. If you do not agree with these
T&C, please do not access and use the App. For the purposes of these T&C,
“we”, “our” and
“us” shall mean mewt account private ltd., and/or third-party service
providers engaged by mewt account private ltd. to render certain services on the App and
‘you’ and ‘your’ shall mean a User who
meets the eligibility criteria set out below.
1. TERMS AND CONDITIONS
- We reserve the right to update or modify these Terms of Use at any time Your access and
use of the App following any such change constitutes your agreement to follow and be bound
by these T&C, as updated or modified. For this reason, we encourage you to review these T&C
each time you access and use the App.
2. PURPOSE
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We are India’s first revolvable line of credit app that offers current account and
overdraft, in partnership with leading banks & NBFCs. User can avail overdraft, current
account or credit line by completing the entire application process on the App itself.
Further, the User can withdraw from the approved credit limit and repay the interest or
complete amount of the outstanding credit using the App itself.
3. ELIGIBILITY
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3.1. You represent and warrant that you are competent and eligible to enter into a legally
binding agreement and be bound by these T&C. You shall not access and use the App if you are
not competent to contract under the applicable laws, rules and regulations.
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3.2. For accessing the App and using its services, you, as a User, further represent that
you are an Indian national having tax residency in India. You also represent and assure that
you are not a tax resident of any other country.
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3.3. We maintain the right to provide services to only those users who are – a) competent to
enter into legally binding contracts, b) have made the representations as provided above, c)
and also qualify under the internal policy(ies) for the same determined solely by us from
time to time. We shall have the sole right to change, modify, add or remove, in whole or in
part, its internal policy(ies), in relation to the provision of the App’s services at any
time without any prior written notice or intimation to the Users. Further, we shall have the
right to not entertain any requests in relation to the same, from the users towards such
services without assigning any reason.
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3.4. We shall have the right to not process a transaction through the App, if mewt account private ltd.
in its sole discretion determines that such transaction undertaken by a User is not
authorized by such User or that the transaction is not genuine or suspicious.
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3.5. If you represent a company, partnership firm or sole proprietorship, you shall be
eligible to access the App and avail of the features and facilities on its behalf only if
you have been duly authorized by way of necessary corporate action, as may be prescribed
statutorily and/or under the charter documents of such entity and further, if you have
fulfilled such additional eligibility requirements as mewt account private ltd. may require in
connection therewith.
4. INTELLECTUAL PROPERTY POLICY
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4.1. All of the content on the App, including, without limitation, all of the page headers,
images, illustrations, graphics, audio clips, video clips or text, reports generated,
trademarks, tradenames (“App Content“), constitute our and our licensors’ intellectual
property. Copyright laws in all applicable jurisdictions protect the App and the App
Content.
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4.2. You may access the App, avail of the features and facilities and utilize the App
Content for your personal or internal requirements only. You are not entitled to duplicate,
distribute, create derivative works of, display, or commercially exploit the App Content,
features or facilities, directly or indirectly, without our prior written permission. If you
would like to request permission to commercially exploit any particular App Content, you
could contact us in the manner provided for herein.
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4.3. mewt account private ltd. and its licensors, if any, are the sole owners of the underlying
software and source code associated with the App and all the trademarks, copyright and any
other intellectual property rights of any nature in the App.
5. USER ACCOUNT, PASSCODE & SECURITY
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5.1. You have an option to set a security passcode on the App once you are approved for a
credit limit. You are responsible for maintaining the confidentiality of the passcode and
your account (“Account”) and are fully responsible for all activities that occur under your
passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your
passcode or Account or any other breach of security; and (b) ensure that you exit from your
Account at the end of each session. We cannot and will not be liable for any loss or damage
arising from your failure to comply with this Clause 5.
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5.2. You hereby acknowledge that the deletion of the App from the Device does not constitute
termination of your Account and agree to undertake the process detailed herein in order to
complete de-registration. If and when you are desirous of having your name and other details
removed from the records of mewt account private ltd., immediately upon receiving your written request
to that effect, mewt account private ltd. shall remove and/delete all such information. You hereby
acknowledge that the removal of your details from the App does not constitute termination of
your obligations, if any, to our banking partner who may have approved your credit limit on
the App.
6. USE OF APP – FEATURES AND FACILITIES
7. SERVICE PROVIDERS
8. YOUR RIGHTS & PREFERENCES AS A DATA SUBJECT IN INDIA
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These T&C are intended for Users within the territory of India and govern your rights
as per applicable law within the territory of India. However, in the event you fall under a
jurisdiction outside the purview of Indian law, we will not be liable for any claim, action
and/or right initiated/exercised by you as per the extant laws of that jurisdiction.
Therefore, we request you to kindly use the App accordingly.
9. CUSTOMER COMMUNICATIONS
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9.1. Accepting these T&C implies your express consent to be contacted by us, our agents,
representatives, affiliates, or anyone calling on our behalf at any contact number, or
physical or electronic address provided by you while registering your Account. You further
agree to us contacting you in any manner, including without limitation, SMS messages
(including text messages), WhatsApp, calls using pre-recorded messages or artificial voice,
calls and messages delivered using auto telephone dialing system or an automatic texting
system, and notifications sent via the App. Automated messages may be played when the
telephone is answered, whether by you or someone else. In the event that an agent or
representative calls, he or she may also leave a message on your answering machine, voice
mail, or send one via SMS.
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9.2. You certify, warrant and represent that the telephone numbers and/or email addresses
and any other information that you have provided to us are your own and not someone else’s
and are true, accurate, current and complete. You represent that you are permitted to
receive calls at each of the telephone numbers you have provided to us and emails at each of
the email addresses you have provided us. You agree to notify us whenever you stop using a
particular telephone number(s) and/or email address(es).
10. SYSTEM REQUIREMENTS
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In order to use the App, you are required to have a compatible Device with the
following minimum specifications: Android Operating System version 4.1 (SDK level 16) or
higher or iOS 9.0 or higher
11. USER GUIDELINES
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11.1. In consideration of mewt account private ltd. granting you the rights hereunder, you hereby agree
not to use the App for any purpose that is unlawful under any applicable laws and/or in
violation of the terms of these T&C and our Privacy Policy. You shall not use the App in any
manner that could damage, disable, overburden, or impair our server, or any network(s)
connected to any server, or interfere with any other party’s use and enjoyment of the App.
You shall not attempt to gain unauthorized access to any functions and features, other user
accounts, computer systems or networks connected to any server, in any manner, including,
through hacking, password mining or any other means. You shall not obtain or attempt to
obtain any materials or information through any means which is not intentionally made
available through the App.
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11.2. The App is made available to you for your own personal and non-commercial use alone.
You shall not allow third parties to: (i) make and/or distribute copies of the App or any
deliverable generated by the App; (ii) attempt to copy, reproduce, alter, modify and/or
reverse engineer the App; and/or (iii) create derivative works of the App.
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11.3. You accept that any and all operations emanating from your Device shall be assumed to
have been initiated by you.
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11.4. You shall not copy, reproduce, distribute, or create derivative works of our content
that is available on the App. Also, you shall not reverse engineer or reverse compile our
technology that is available on the App, including, without limitation, such Java Applet, as
may be associated with the App from time to time.
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11.5. You shall request mewt account private ltd., to block the Account and change the passcode
immediately for the Account, if your Device has been lost or stolen.
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11.6. You are responsible for any and all activities that occur in your Account. You agree
to notify mewt account private ltd. immediately of any unauthorized use of the Account or any other
breach of security. mewt account private ltd. shall not be liable for any loss to you or your
organization owing to negligent actions or a failure on your part to inform mewt account private ltd.,
within a reasonable time, about loss or theft of your Device and/or any unauthorized access
in your Account, either with or without your knowledge.
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11.7. You shall be liable for losses incurred by mewt account private ltd. or any other party due to a
third party’s use of the Account. You shall not use any other person’s account at any time,
without the permission of the account holder and mewt account private ltd..
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11.8. mewt account private ltd. shall make all reasonable efforts to ensure that your information is
kept confidential. However, mewt account private ltd. shall not be responsible for any disclosure or
leakage of confidential information and/or loss or damage of the Device due to theft,
negligence or failure on your part to practice safe computing.
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11.9. You shall ensure that while using the functions and features, all prevailing and
applicable laws, rules and regulations, shall at all times, be strictly complied with by you
and mewt account private ltd. shall not be liable in any manner whatsoever for default of any nature,
by you, regarding the same.
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11.10. You understand and acknowledge that upon using the App, you authorize us to access
third party sites designated by you, on your behalf, to retrieve such information requested
by you, and to register for accounts requested by you. For all purposes hereof, you hereby
grant us a limited powers and hereby authorize us with the full power of substitution and
re-substitution, for you and in your name, place and stead, in any and all capacities, to
access third party internet sites, servers or documents, retrieve information, and use your
information, all as described above, with the full power and authority to do and perform
each and every act and thing requisite and necessary to be done in connection with services
and facilities available on the App, as fully to all intents and purposes as you might or
could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION
FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE
THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing
authorization, agency granted by you.
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11.11. You must notify your bank immediately in the event your credit card is lost, stolen,
not received, swallowed at an ATM, or is being misused without your permission. Please refer
the detailed instructions received from your bank for additional precautions to be taken in
case of loss/ theft/ misuse of your credit card.
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11.12. You hereby acknowledge and agree that mewt account private ltd. shall not be liable for failure
of any transaction undertaken for any reason whatsoever including but not limited to
deficiency of service and/or products delivered as well as technical errors. You further
acknowledge that mewt account private ltd. shall not be responsible in any manner whatsoever, for any
loss incurred by you for a failed/ incomplete transaction undertaken by you using Randomity
Labs services
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11.13. You hereby agree and express your voluntary, unequivocal and informed consent to your
personal data or financial information (including such data as may be designated as
‘personally identifiable data’ under the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or other
applicable law), being processed, disclosed and/or transferred by mewt account private ltd. to
third-party entities.
12. INDEMNIFICATION
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12.1. You agree to protect, defend and indemnify us and hold us and our representatives
harmless from and against any and all claims, damages, costs and expenses, including
attorneys’ fees, arising from or related to your access and use of the App in violation of
these T&C and/or your infringement, or infringement by any other user of your Account, of
any intellectual property or other right of anyone.
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12.2. The terms of this provision will survive any termination or cancellation of these T&C
or your use of the App.
13. WARRANTIES:
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13.1. The App and the functions and features therein are provided on an “as is” and on an
“as available” basis. We expressly disclaim all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement.
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13.2. We shall make reasonable efforts to make available the App and the functions and
features at all times. However, we make no warranty that the App shall meet your
requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make
any warranty as to the results that may be obtained from the use of the functions and
features or as to the accuracy, reliability and/or quality of the output derived therefrom.
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13.3. We shall not be liable for the loss and/or damage of the confidential information or
data of the User arising as a result of an event or a series of related events, that is
beyond the control of mewt account private ltd., including failures of or problems with the internet or
part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks
and/or viruses or other malicious software attacks or infections.
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13.4. Any material downloaded or otherwise obtained through the App is done at your own
discretion and risk and you are solely responsible for any damage to your Device or loss of
data that results from the download of any such material. No advice or information, whether
oral or written, obtained by you from us through or from the service will create any
warranty not expressly stated in these T&C.
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13.5. We shall not be liable for any losses and/or damages which may arise as a result of a
third party entity’s usage of the USER’s personal data or financial information (including
such data as may be designated as ‘personally identifiable data’ under the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011).
14. LIMITATION OF LIABILITY
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IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
ACCESS, USE OR PERFORMANCE OF THIS APP’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY,
ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF
GETTING SUBSTITUTE FACILITIES ON THE APP, ANY PRODUCTS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR
CONDUCT OF ANYONE ON THE APP, OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO
PROVIDE THE FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY
15. SEVERABILITY
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If any provision of these T&C is held to be illegal, invalid or unenforceable under
any present or future applicable laws: (a) such provision will be replaced with another,
which is not prohibited or unenforceable and has, as far as possible, the same legal and
commercial effect as that which it replaces; and (b) the remaining provisions of the T&C
will remain in full force and effect and will not be affected by the illegal, invalid, or
unenforceable provision or by its severance here from.
16. TERMINATION
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16.1. These Terms and the right to use granted hereunder shall take effect on the date you
create an Account with the App, and shall continue in effect until termination this
Agreement in accordance with this section.
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16.2. We may terminate the use of the App at any time after giving notice of the termination
to you.
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16.3. Upon termination, the rights and license granted to you herein shall terminate and you
must cease all use of the App.
17. WAIVER
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Any failure on the part of mewt account private ltd. to require performance of any provision of
these T&C shall not affect its right to full performance thereof at any time thereafter, and
any waiver by mewt account private ltd. of a breach of any provision hereof shall not constitute a
waiver of a similar breach in the future or of any other breach.
18. ASSIGNMENT
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You shall not assign or transfer any rights, obligations, or privileges that you have
under these T&C, without the prior written consent of mewt account private ltd.. Subject to the
foregoing, these T&C will be binding on the successors and permitted assignees of Randomity
Labs. Any assignment or transfer in violation of this clause will be deemed null and void.
19. INDEPENDENCE FROM PLATFORMS
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19.1. The App is independent of any platform on which it is located. The App is not
associated, affiliated, sponsored, endorsed or in any way linked to any platform operator,
including, without limitation, Apple, Google, Android or RIM Blackberry (each being an
“Operator”).
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19.2. Your download, installation, access to or use of the App is also bound by the terms
and conditions of the Operator.
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19.3. You and mewt account private ltd. acknowledge that these T&C are concluded only between you and
mewt account private ltd., and not with an Operator, and mewt account private ltd., not those Operators, are
solely responsible for the App and the content thereof to the extent specified in these T&C
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19.4. mewt account private ltd. is solely responsible for providing any maintenance and support
services with respect to the App as required under applicable law. You and mewt account private ltd.
acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and
support services with respect to the App.
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19.5. You and mewt account private ltd. acknowledge that mewt account private ltd., not the relevant Operator, is
responsible for addressing any User claims or any third party claim relating to the App or
your possession and/or use of the App, including, but not limited to: (i) any claim that the
App fails to conform to any applicable legal or regulatory requirement; and (ii) claims
arising under consumer protection or similar legislation.
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19.6. You and mewt account private ltd. agree that, in the event of any third party claim that the App
or your possession and use of the App infringes that third party’s intellectual property
rights, mewt account private ltd. and not the relevant Operator, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property
infringement claim; provided such infringement was caused by mewt account private ltd..
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19.7. You must comply with any applicable third party terms of agreement when using the App
(e.g. you must ensure that your use of the App is not in violation of your Device agreement
or any wireless data service agreement).
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19.8. You and mewt account private ltd. agree that the relevant Operator, and that Operator’s
subsidiaries, are third party beneficiaries of these T&C , and that, upon your acceptance of
these T&C , that Operator will have the right (and will be deemed to have accepted the
right) to enforce the terms of these T&C against you as a third party beneficiary thereof.
20. UPDATES
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20.1. mewt account private ltd. reserves the right to update the App, in order to, inter alia, increase
efficiency, optimize user interface, and add new facilities from time to time. Update
packages will be sent to you on your Device for download and installation.
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20.2. You hereby agree to install the updates from time to time and acknowledge that
mewt account private ltd. will only be able to provide Account support for the App if you ensure
installation of all updates upon receiving notifications thereof when using the App.
21. VALIDITY OF T&C
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These T&C shall apply when you complete the authentication process and create an
account and shall remain valid and binding on you for so long as you maintain the Account.
22. SECURITY:
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22.1. You are prohibited from violating or attempting to violate the security of the App,
including, without limitation:
22.1.1. accessing data not intended for you or logging into an account which you are not
authorized to access;
22.1.2. attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization; or
22.1.3. interfering with service to any user, host, or network.
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22.2. You shall not misuse this App by intentionally introducing viruses, trojans, worms,
logic bombs or other materials that are malicious or technologically harmful (together
"Viruses "). You will not attempt to gain unauthorized access to the App, or any server,
computer or database connected to the App. You will not attack this App via a
denial-of-service attack. Further, you shall not interfere with or circumvent any security
feature of the App or any feature that restricts or enforces limitations on use of or access
to the App, such as probing or scanning the vulnerability of any system, network or breach.
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22.3. Should you breach the provisions of this Clause, you will be liable to be prosecuted
under the Information Technology Act, 2000 and other applicable statutes. We will
immediately report such breach to the relevant law enforcement authorities and will
co-operate with such authorities by disclosing your identity to them. In the event of such a
breach, your rights to use this App will cease immediately.
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22.4. We will not be liable for any loss or damage caused by a denial-of-service attack or
Viruses that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this App or to your downloading of any material
posted on it.
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22.5. You agree to immediately report to us all incidents involving suspected or actual
unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
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22.6. You shall not interfere with or disrupt (or attempt to interfere with or disrupt)
access and enjoyment of the App by other users or any host or network, including, without
limitation, creating or transmitting unwanted electronic communications such as “spam” to
other users, overloading, flooding or mail-bombing the App, or scripting the creation of
content in such a manner as to interfere with or create an undue burden on the App.
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22.7. All actions performed by any person using your account and password shall be deemed to
have been committed by you and you shall be liable for the same. We reserve the right to
suspend/terminate your account at any time if it is found that you have been sharing the
password with any unauthorized user.
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22.8. In order to reduce the risk of unauthorized access, a user is logged out from the
account and will have to enter his details and login afresh, after 3 consecutive incorrect
login attempts..
23. MONITORING:
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All electronic communications and content presented and/or passed to us, including
that presented and/or passed from remote access connections, may be monitored, examined,
saved, read, transcribed, stored, or retransmitted in the course of daily operations by any
duly authorized employee or agent of ours in the exercise of their duties, or by law
enforcement authorities who may be assisting us in investigating possible contravention /
non-compliance with applicable law. Electronic communications and content may be examined by
automated means. Further, we have the right to reject, at our sole discretion, from the App
any electronic communications or content deemed not to be in compliance with the corporate
policies and procedures of mewt account private ltd..
24. GOVERNING LAW AND JUSTIFICATION
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These T&C (and by extension, the Privacy Policy) are governed and construed in
accordance with Indian law. By using the App, you hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of
any disputes arising out of or in relation to your access to and use of the App.
25. CONTACT INFORMATION
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If you have any questions or concerns regarding the Terms of Service or Privacy
Policy, please feel free to contact us at the following email address: support@mewt.in or at the contact details published on
the App.
Contact Information
Email: support@mewt.in