Terms Of Service

Ogway Terms of Service

Effective Date and Last Updated: August 13, 2024

 

Welcome to the digital platforms, websites, applications (“apps”), blogs, and other online offerings owned or operated by Ogway (collectively, the “Services”) that link to these Terms of Service. The Services include marketing services, products, and subscriptions offered by Ogway.

Please review these Terms of Service (“Terms”) carefully before using the Services. These Terms govern your (“you” or “your”) use of and access to the Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also agree to our data practices as described in the Privacy Policy applicable to the Services and Content you use.

These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Services, are legally binding, limit Ogway’s liability to you, and require you to indemnify us and to settle certain disputes through individual arbitration. Please note that nothing in these Terms affects your mandatory statutory rights under applicable law.

If you do not agree to these Terms, please do not use or access the Services. If applicable, you should uninstall any Services downloads and applications.

In some instances, you may be subject to additional terms and conditions, policies, and guidelines (“Additional Terms”) that are applicable to certain parts of the Services. Those Additional Terms will be posted on the Services in connection with the relevant offering. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

These Terms and any applicable Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Services. If we make any material changes to these Terms or the applicable Additional Terms, we will post the updated version(s) along with an effective date and notify you by means of a notice on the Services.

1. Ownership; Your Rights to Use the Services and Content

Ownership. The Services and all of their content (collectively, “Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”), are owned or controlled by Ogway, our licensors, or certain other third parties. All rights, title, and interest in and to the Content and Intellectual Property available via the Services are the property of Ogway or our licensors and are protected by applicable laws.

Your Rights to Access and Use the Services and Content. Your right to access and use the Services and Content is subject to your strict compliance with these Terms and any applicable Additional Terms. Your right to access and use the Services and Content is personal, non-exclusive, non-transferable, limited, and revocable by us at any time in our sole discretion.

You may, for your personal, non-commercial use:

  • Display, view, and use the Content on a computer, mobile, or other internet-enabled device.
  • If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith.
  • Link to the Services from a website or other online service, provided that the links only incorporate text, do not use any Ogway logos or images, and do not suggest any affiliation with Ogway.
  • Use any other functionality expressly provided by Ogway on or through the Services for use by users, subject to these Terms and any applicable Additional Terms.

Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Services are non-refundable and are purchases of only a limited, non-exclusive, revocable, non-transferable license to use those items. Any attempt to transfer or assign such subscription is null and void.

Rights of Others. You must respect the Intellectual Property and rights of others and Ogway. Unauthorized use of Content may violate the rights of others and applicable laws and may result in civil and criminal liability.

Reservation of All Rights Not Granted. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed by implication or estoppel. All rights not expressly granted to you are reserved by Ogway and its licensors.

Third-Party Services. We are not responsible for third parties or their content, advertisements, apps, or sites (“Third-Party Services”). Your use of Third-Party Services is at your own risk, and you should review their terms of use and privacy policies.

2. Content You Submit; Interactive Community Rules

User-Generated Content. Ogway may offer users the opportunity to create, post, upload, display, publish, distribute, transmit, or otherwise make available on or submit through the Services (collectively, “submit”) content, including messages, text, images, videos, and other materials (collectively, “User-Generated Content” or “UGC”). Except for the rights and licenses you grant in these Terms and any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest you have in your UGC.

3. Using the Services; Services and Content Use Restrictions

Creating an Account. Accounts may only be set up by you or an authorized representative who is at least 18 years old. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Subscriptions; Purchases; Taxes. Certain features of the Services may require a purchase or subscription. Prices are subject to change at any time without notice. You agree to pay all charges at the prices presented to you. You are responsible for paying all applicable taxes.

Services Use Restrictions. You agree not to:

  • Use the Services for any political or commercial purpose.
  • Use any meta tags or other “hidden text” utilizing any Intellectual Property.
  • Engage in activities that harm individuals or entities or are unlawful, offensive, or violate any rights.
  • Decompile, disassemble, reverse engineer, or attempt to discover any source code of the Services.
  • Interfere with the proper operation of the Services or any user’s use of the Services.
  • Circumvent any security features of the Services.
  • Harvest or collect information about other users without their consent.
  • Attempt to gain unauthorized access to the Services or related systems.

Content Use Restrictions. You also agree not to:

  • Monitor, copy, or distribute the Content using any robot, bot, spider, crawler, or other automatic device.
  • Frame or utilize framing techniques to enclose any Content.
  • Use the Content in a manner that suggests an unauthorized association with any of our products or services.
  • Make modifications to the Content.
  • Copy, reproduce, distribute, or exploit the Content without express permission.

Availability of Services and Content. Ogway may modify, suspend, or discontinue any aspect of the Services or Content at any time without notice or liability.

Age of Users. The Services are intended for users who are at least 18 years old. Individuals under 18 may use the Services only with the involvement of a parent or legal guardian.

Internet Connectivity Charges. You are responsible for any internet connectivity charges incurred while accessing the Services.

4. Wireless Features; Messages; Location-Based Features

Wireless Features. The Services may offer features that are available via your wireless device. Standard message, data, and other fees may be charged by your carrier.

Text and Email Messages. By providing your contact information, you consent to receive communications from us, including promotional messages. You may opt-out of promotional messages by following the instructions provided.

Location-Based Features. If enabled, the Services may collect and use your device’s location information. You can disable location-based features through your device settings.

5. Notice and Take Down Procedure for Claims of Infringement

DMCA Notification. If you believe your copyrighted work has been infringed, you may notify us by providing our designated agent with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing.
  • Contact information of the complaining party.
  • A statement of good faith belief that the use is not authorized.
  • A statement that the information is accurate and under penalty of perjury.

Designated Agent:

6. Product Specifications; Pricing; Typographical Errors

We strive for accuracy in all product descriptions and pricing. However, we do not warrant that product specifications, pricing, or other content is complete, accurate, reliable, current, or error-free. Ogway reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

7. Termination or Suspension

Termination by Us. We may suspend or terminate your access to the Services at any time, for any reason, without notice or liability.

For You to Terminate. You may terminate these Terms by ceasing all use of the Services and deleting any account you have created.

Effect of Termination or Suspension. Upon termination, your rights to use the Services will cease immediately. The provisions of these Terms that should survive termination will remain in effect.

8. Disclaimers; Exclusions and Limitations of Liability

Disclaimer of Warranties. To the maximum extent permitted by applicable law, the Services and Content are provided “as is” and “as available,” without warranties of any kind, either express or implied.

Exclusion of Damages. Ogway shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services.

Limitation of Liability. To the extent not prohibited by law, Ogway’s total liability to you shall not exceed the amount you have paid to Ogway in connection with the Services in the past six months.

9. Arbitration and Dispute Terms

Forum Selection/Jurisdiction. Any dispute arising from these Terms or your use of the Services shall be governed by the laws of India and subject to the exclusive jurisdiction of the courts in Telangana, India.

Dispute Resolution. Before initiating any arbitration or legal proceedings, you agree to attempt to resolve the dispute informally by contacting us.

Arbitration Agreement. Any disputes shall be resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996, in Telangana, India.

Class Action Waiver. You agree to resolve any disputes on an individual basis and waive the right to participate in a class action lawsuit.

10. General Provisions

Consent or Approval. Any consent or approval required under these Terms must be provided in writing by an authorized representative of Ogway.

Indemnity. You agree to indemnify and hold harmless Ogway and its affiliates from any claims arising out of your use of the Services or violation of these Terms.

Operation of Services. Ogway operates the Services from India and makes no representations that the Services are appropriate or available for use in other locations.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement. These Terms, along with any applicable Additional Terms, constitute the entire agreement between you and Ogway regarding your use of the Services.

No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.

Notices. We may send you notices by email or by posting on the Services. You may contact us at:

 

Refund Policy

At Ogway, customer satisfaction is our priority. All new purchases come with a 7-day satisfaction guarantee. During this period, you may request a cancellation of your subscription and receive a full refund of the original amount charged. Please allow 5-7 working days for the refund to be processed and credited to your bank account.

After the 7-day guarantee period has ended, services are considered rendered, and no refunds will be issued. However, you may still cancel your subscription at any time to prevent further charges.

 

Contact Information

If you have any questions about these Terms or the Services, please contact us:

 

Effective Date and Last Updated: August 13, 2024

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.