Terms and Conditions

This agreement along with the terms and conditions (collectively, “Terms” ) read together with the applicable subscription plan document (“Plan”) when paid and subscribed for shall become a legally binding agreement, between WowLeads (“WowLeads”, “the Company” , “we” or “us”) and your company ( “Customer” / “You” ) (collectively referred to as the “parties”).

By subscribing and using the Online services through WowLeads Website and its Hosting Portal, the Customer acknowledges that the Customer has read the terms of use of this agreement which may be amended at the sole discretion of WowLeads from time to time.

1. WowLeads agrees to license access to its proprietary online Portal (“Portal”) to the Customer, which enables Customer to utilize WowLeads service(s) (as set out in the relevant Subscription Plan) to gain access to Business Leads as compiled from multiple Web pages (collectively, the “Data” ) and retained in WowLeads’ database ( “Database” ), accessible on a ‘Portal as a Service’ basis, through WowLeads’s website https://wowleads.com/ ( “Site” ) or in such manner made accessible by WowLeads and any feature, functionality, data, and content therein.


2. Customer wishes to use and access the Portal and obtain Data for Customer’s internal business uses and operations for Lead Generation and other related business purposes ( “Purpose” ).


3. The Individual or Company user registering and subscribing for the WowLead services shall be the End User for the purpose of this Agreement. The Log-in Credentials shall be accessed through the designated End User System based on the subscribed plan.


4. The Log-in credentials must not be shared or passed to any person other than the authorized End User as identified at the time of subscription. Any change to the End Use log-in credentials shall be dealt with on request basis.


5. Subject to these Terms, WowLeads grants to Customer a non-exclusive, non-sublicensable, non-transferable, worldwide, revocable and limited right throughout the applicable subscription period ( “Term” ) to use the Portal for the Purpose to such number of End Users.


6. The Portal Availability is subject to continued payment of subscription


7. Whenever required the Portal would be subject to planned maintenance outage as informed in advance by WowLeads.


8. WowLeads may access, collect, and use any information from or relating to Customer and Customer’s use of the Portal for customer and technical support, for regulatory and third-party compliance purposes, to protect and enforce WowLeads’s rights, to monitor compliance with and investigate potential breaches of these Terms, and to recommend additional products or services. WowLeads may share this information with its partners or affiliates for the same purposes. Customer grants WowLeads and WowLeads affiliates the perpetual right to use Related Information and any feedback provided by Customer for purposes such as to test, develop, improve, and enhance WowLeads’s products and services, and to create and own derivative works based on Related Information and feedback.


9. WowLeads reserves the right to modify, change to, suspend or discontinue, temporarily or permanently the Portal or any Features (the “Changes” ) with or without notice with no liability, at any time and for any reason, including without limitation any Changes which may be done automatically for the purpose of improving, enhancing or de-bugging versions of the Portal or other aspects thereof.


10. The intellectual property rights in the Data, the Database, the Portal and other WowLeads owned platforms would belong to WowLeads


11. No Customisation or Change requests are promised or anticipated while using the WowLeads Portal. If there is a possibility of accommodating a change request, then, the Commercial impact of any Customers Change Request, if any, shall be shared with Customer by WowLeads for discussion and approval.


12. Customer shall not use any trade name, trademark, service mark, brand, or logo of WowLeads, or any link to a WowLeads website, for any purpose other than in connection herewith, including, without limitation, in any communications using Data from WowLeads, without WowLeads’s prior written consent.


13. Customer shall not, and shall not permit any third party to:
    • misuse or unauthorized use of the Data by any third person or entity;
    
    
    • interfere or attempt to interfere with the Portal, infiltrate, hack, reverse engineer, decompile, or disassemble the Portal or Database or use the Data to compile similar databases, Portals, or services or compete with WowLeads;
    
    
    • override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of the Portal;
    
    
    • sub-license its right to access and use the Portal or provide remote access to the Portal or Portal to or for the benefit of any third party or any unauthorized person;
    
    
    • permit the use of a single End User licence by more than one individual;
    
    
    • violate third parties’ rights to privacy and other rights;
    
    
    • use the Portal in any way, or use the Data for any purpose, that can be deemed to be stalking, offensive, abusive, defamatory, fraudulent, or deceptive, threatening, advocating harassment or intimidation;
    
    

    • disparage or misrepresent the capabilities or reputation of WowLeads;

      In the case of any violation of the obligations in this Section by Customer, WowLeads may immediately suspend Customer’s access to the Portal. In addition to any other damages it may be entitled to under the law, should Customer or any person using the Portal through Customer’s account intentionally breach any material term of these Terms, WowLeads shall have a right to seek injunctive relief, including attorneys’ fees and court costs

      If WowLeads informs Customer that a data subject has made a request that their Personal Data be removed from WowLeads’s Portal, Customer shall remove such data from their possession without undue delay, unless the Customer has another valid legal basis under applicable law to process such data. Customer confirms that it will at all times maintain an active End User of ‘administrator’ status (the “Admin” ) whose responsibility it will be to ensure compliance with the aforementioned requirement.



14. Each party shall treat with utmost confidence any identified confidential information received under this agreement and protect it in the same manner it would protect its own Confidential information and not to disclose to any third party. Confidential Information shall exclude any information that (i) is now or subsequently becomes generally available in the public domain through no fault or breach on the part of receiving party; (ii) the receiving party can demonstrate in its records to have had rightfully in its possession before disclosure of the Confidential Information by the disclosing party; (iii) receiving party rightfully obtains from a third party who has the right to transfer or disclose it, without default or breach of these Terms; or (iv) the receiving party can demonstrate in its records to have independently developed, without breach of these Terms or any use of or reference to the Confidential Information.


15. Warranties:
    • Each party represents and warrants that (i) these Terms, constitute a legal, valid and binding obligation, enforceable against it in accordance with these Terms; and (ii) it is validly existing and in good standing, and is qualified to do business; (iii) the performance of these Terms, the purchase of the Plan, and the use of the Portal have been properly authorized..
    • Customer represents and warrants to WowLeads that it shall not engage in any conduct that brings or is likely to bring the reputation of WowLeads into disrepute; it shall ensure that all information to be provided by it to WowLeads in connection with these Terms and the performance of Customer’s obligations hereunder is and shall remain true and correct in all respects;


16. Indemnification: Either parties agrees to indemnify and hold harmless the other party and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, costs, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from gross negligence, wilful misconduct, or any fraudulent act or omission of either parties or its representative in carrying out or failing to carry out its obligations under these Terms.


17. Disclaimer of Warranties. WowLeads provides access to the portal, and data to the customer on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, other than the warranties explicitly specified herein and then only to the extent so specified, including the warranty of title, merchantability, non-infringement, and fitness for a particular purpose or accuracy. Customer does not have the right to make or pass on any representation or warranty on behalf of the other party to any third party. Notwithstanding anything to the contrary herein, WowLeads does not warrant that the portal, data, or any service related thereto (i) will be delivered or performed error-free or without interruption; or (ii) will meet customer’s requirements; or (iii) may be used or relied upon by the customer or any other party to comply with any law, rule, regulation, industry standard or policy, nor that the portal will render customer not any other party compliant with any law, rule, regulation, industry standard or policy. Any data obtained using the portal are obtained at customer’s own risk and discretion and WowLeads shall not be responsible for any damage caused to customer’s computer or to customer data or for any bugs, viruses, any data obtained therefrom.


18. Limitation of Liability.
    • In no event will WowLeads be liable for any punitive, multiple lost profits, lost business, loss of use, loss of data, lost or corrupted data damages, cost of procurement of substitute goods or services, or for special, incidental, indirect, or consequential damages, however caused, and on any theory of liability, whether for breach of these terms, the dpa, tort (including negligence and strict liability), or otherwise, whether or not WowLeads has been advised of the possibility of such damages.
    • Notwithstanding anything to the contrary contained herein, WowLeads liability and the liability of each of its officers, directors, investors, employees, agents, advertisers, licensors, suppliers, service providers and other contractors to customer or any third parties under any circumstance is limited to three months Subscription Fee received by WowLeads before the date on which the Claim arose.


19. Term and Termination:
    • From the date of receipt by WowLeads of the full Fee by Customer for the subscription period and unless otherwise agreed for in writing between the parties the Term of the agreement shall continue until the subscription period and end thereafter.
    
    
    • Customer may request to terminate these Terms (and thereby the Plan) at any time by a notification to WowLeads.
    
    
    • On termination of these Terms for any reason, Customer will immediately cease use of the Portal and any related services.
    
    
    • No refund of fees shall be due for Subscription opted to be curtailed by the User for any reason whatsoever.


20. Miscellaneous.
    • This agreement shall be governed by the Laws of India. Disputes, if any, shall be resolved by Arbitration.
    
    
    • These Terms (as amended) set forth the entire understanding between the parties concerning the subject matter herein and supersedes all prior and contemporaneous written agreements and discussions between the parties relating thereto. In the case of any conflict of terms, these Terms shall prevail.
    
    
    • No amendment, modification, consensual cancellation, waiver, relaxation, or suspension of any of the provisions hereof shall be binding unless reduced to writing and signed by the parties.
    
    
    • Customer agrees that WowLeads may disclose the fact that Customer is a client of WowLeads. While these Terms are in effect, the Customer grants WowLeads the right to reference Customer’s company name and logo in marketing materials and on WowLeads’s website.
    
    
    • If any provision of these Terms is determined to be void or unenforceable by a court or arbitral body of competent jurisdiction, such section shall be interpreted as necessary to give maximum force to the provisions thereof, and the validity and enforceability of the remainder of the Terms shall not be affected.
    
    
    • The failure of either party to enforce at any time the provisions of these Terms shall not be interpreted to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
    
    
    • All notices given under these Terms shall be in writing (electronic or otherwise) in the communication details captured in the Subscription form.
    
    
    • Customer may not transfer or assign its rights or obligations under these Terms to any third party. Any purported assignment contrary to this section shall be void. Notwithstanding, each party shall be entitled to assign its rights and obligations under these Terms, in whole or in part, to any related entity or upon a merger, acquisition or sale of all or substantially all its business, without the need to obtain the consent of the other party.
    
    
    • Nothing contained in these Terms is intended or is to be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
    
    
    • Neither party shall be liable to the other for any performance delay or failure to perform hereunder, due to any act, war, omission, epidemic, pandemic, floods, cyclones, earthquakes, natural disasters or condition beyond the reasonable control of the affected party ( “Force Majeure Event” ), provided the affected party gives notice to the other and makes reasonable efforts to resume performance as soon as possible.