TERMS OF SERVICE AND PRIVACY POLICY
Wiom, along with its associated mobile applications, sub-domains, sites, services and tools (as applicable) (collectively referred to as the “Platform”), owned by Omnia Information Private Limited, a company incorporated under the Companies Act, 2013 (bearing corporate identification number U72900DL2015PTC276515) and having its corporate office at 315/274, Westend Marg, Saket, New Delhi- 110030 (hereinafter referred to as “Wiom” or “us” (and derivatives)). Wiom is a Public Data Office Aggregator (“PDOA”) registered with the Department of Telecommunications under the ‘PM WANI’ scheme of the Government of India and is engaged in the business of providing IT and IT enabled services under the brand name ‘Wiom’ on the Platform.
Wiom is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any information you share with Wiom on the Platform. This agreement includes the “Terms of Service” governing services you avail from Wiom as well the “Privacy Policy” governing how Wiom collects, uses, shares and processes information in relation to the services provided on the Platform (“Services”). Hereinafter the said, Terms of Service and Privacy Policy are collectively referred to as the “Agreement”.
By accepting this Agreement through an affirmative action, you provide free, specific, informed, unconditional and unambiguous consent and understand and agree to the collection, use, sharing and processing of personal information including Aadhaar as described herein. If you provide Wiom with personal information about someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to both, the disclosure and the use/processing of their information in accordance with this Agreement. This Agreement applies to all the current and former visitors, customers, and others who access this Platform.
SCOPE:
This Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Agreement does not require any physical, electronic, or digital signature.
This Agreement covers both, the Terms of Service governing your use of Wiom’s Services, as well as the Privacy Policy incidental thereto.
By agreeing to this Agreement, accessing or using of the Platform, you expressly consent to this Agreement. If you do not agree with the terms, please do not use the Platform.
You provide voluntary and informed consent to WIOM for the collection, storage, and use of your Aadhaar details strictly for the purpose of this Agreement. In the event your Aadhaar is not available, you may be required to provide alternative government-issued identity documents, as per applicable regulatory guidelines.
In case youwish to avail any or all of the Servicesprovided by Wiom on the Platform, Wiom shall provide ausername and password to you (“Login Credentials”). Youhereby explicitly agree that your use and access of the Login Credentials shall be governed by this Agreement.
You must follow any policies made available to you within the Services. We require you to provide accurate information when registering for, or using, the Services. It is your responsibility to ensure that your contact information is correct.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspectedmisconduct. Asacondition ofyour use ofthe Services, you will not use the Servicesfor any purposes that is unlawful or prohibited by the terms of this Agreement. You may not use the Services in any manner that could damage, disable, overburden or impair any Wiomserver, orthenetwork(s) connected to any Wiom server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts or networks connected to any Wiom server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Your right to use the Services is not transferable. Any password or right given to you to avail the Services is not transferable.
Wiom does not guarantee un-interrupted access to high speed internet. While it is our endeavour to provide you with a world class user experience, several extraneous factors may create challenges in delivery and Wiom takes no accountability for such disruptions.
As part of the Services offered by Wiom, other users may connect to a roaming signal provided by you, subject to your prior activation of such Services via the Platform. By enabling the roaming signal, you acknowledge and agree that:
Other users may utilize the roaming signal you provide, and Wiom may track and record such usage for operational and billing purposes.
You will be eligible to earn revenue based on the usage of the roaming signal provided by you, as determined in accordance with Wiom’s revenue-sharing policy.
Details of the revenue-sharing arrangement, are as under : For monthly sales up to ₹150: The PDO shall receive a cash discount of ₹150.
For monthly sales exceeding ₹150:
The PDO shall receive a fixed cash discount of ₹150, plus 50% of the amount exceeding ₹150 in the form of Wiom Net coupons.
(Illustration: If monthly sales amount to ₹300, the PDO will receive ₹150 as cash discount and
₹75 worth of Wiom Net discount coupons.)
Wiom reserves the right to modify the revenue-sharing policy at its sole discretion, with prior notification to you, in accordance with applicable laws and this Agreement.
Personal Information: “Personal Information” means any information that may be used to identify an individual, including, but not limited to, the first and last names, physical temporary and personal address, telephone number, date of birth, age, gender, e-mail address, Aadhaar or any other contact information, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to passwords, financial information (bank accounts, credit and debit cards or other payment instruments), Aadhaar and physical information. Wiom limits the collection of Personal Information to that which is necessary for its intended purpose.
Non-Personal Information: “Non-Personal Information” means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous platforms you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. Wiom may gather any Non- Personal Information regarding how many people visit the Platform, the pages they visit, their IP address, and the type of browser they used while visiting the Platform, versions, time zone settings and locations, operating systems, applications installed on your device, device ID, device manufacturer and type, device, connection information, screen resolution, usage statistics, default communication applications and other technology on the devices you use to access the Platform. Such information shall also include all such Personal Information collected and stored by Wiom that undergoes the process of de-identification and is no more identifiable to you or any natural person. Wiom may also collect Non- Personal Information that you voluntarily provide, such as information included in response to a questionnaire, or a survey conducted by Wiom.
Usage Information: “Usage Information” includes without limitation all data and information collected automatically through the Platform (or through the third party analytics service providers), by use and access of the Platform in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Platform including without limitation Non- Personal Information, cookies, Platform traffic, time spent on the Platform, number of visits to the Platform and other similar information and behaviour indicating the mode and manner of use of the Platform.
Personal Information, SPDI, Non-Personal Information and Usage Information hereinafter shall be referred to as “Information”.
Wiom may collect Information from youwhen you(a) registeronthe Platform inaccordance with this Agreement; (b) update or change personal details in your account; (c) use the Platform for any of the Services being offered thereon; (d) upgrade the Services availed by you and connect with Wiom for support related to the Services availed by you; (e) voluntarily participate in campaigns conducted by Wiom on the Platform or respond to questionnaires published by Wiom on the Platform (if any); (f) voluntarily complete a customer survey or provide feedback on any of our message boards or viae-mail in relation to the Services provided on the Platform; and (g) when you carry out transactions on the Platform.
You hereby acknowledge and agree that all Information is provided by you to Wiom voluntarily and the Information provided by you is not subject to any undue influence.
Wiom may use cookies to monitor the Platform usage including, without limitation, to provide useful features to simplify your experience when you return to the Platform, like remembering your login id, your cart details, Information and to deliver relevant content based on your preferences, usage patterns and location.
You are also required to provide your billing address as well as credit/debit card details. Wiom will use this Information only for processing order requests, billing, and delivery purposes. For your convenience, Wiom or a Wiom authorised payment gateway saves the billing information and remembers certain details of the payment choices made by you in the event you would like to carry out any other transaction and/or place an order on the Platform again.
Wiom may also collect Non-Personal Information or Usage Information based on your browsing activity and in relation to your use or access to the Platform like your browser type, your Internet Protocol (IP) address, your operating system, your prior search results etc., which may or may not be publicly accessible.
Information collected by Wiom from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
You may use the Platform without providing Wiom any Information about yourself. However, you may not be able to access certain Services of the Platforms in case you choose to do so.
Wiom uses the Information you provide to (a) manage your account; (b) fulfil your requests for the products and Servicesoffered on the Platform, i.e., to processand deliver your orders placed on the Platform (including to manage payments, fees and charges and collect and recover money owed to Wiom); (c) respond to your queries about its offerings and the transactions carried out on the Platform; (d) provide you with information about products and Services available on the Platform and offer you other productsand services that Wiom believes may be of interest to you; (e) resolve any glitches on the Platform including addressing any technical problems; (f) improve the Services and content on the Platform and your experience of navigating through the Platform and carrying out transactions on the Platform; and (g) manage Wiom’s relationship with you.
Wiom may use the Information to monitor your use of the Services and may review and analyse the Information provided by you to provide you with customized service.
Wiom may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends.
Subject to and in accordance with applicable laws, Wiom has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Platform, including but not limited to, using your Personal Information for making posters/ banners to promote the services of Wiom.
When you send an email message or otherwise contact Wiom through its Platform, Wiom may use the Information provided by you to respond to your communication by way of Short Message Service (SMS), email or any other communication channels. WIOM may also archive such information and/or use it for future communications with you to inform
you regarding updates, newsletters, offers, new services, and promotions.
INFORMATION SHARING
Wiom maintains your Information in electronic form on its devices and on the equipment of Wiom’s employees. The Information ismade accessible to employees, agents, or partners and third parties only on a need-to-know basis.
Wiom does not rent, sell, or share Information with other people or with other non- affiliated entities without you consent, except to provide Services you have requested for or under the following circumstances:
Wiom may share the required Personal Information with internet service providers (ISPs) and PDOA partners for the purpose of provision of Services to you on the Platform.
Wiom may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.
In order to process your transactions, Wiom may direct you to a payment gateway service provider of its own choice, which may have access to the Personal Information provided by you while making such payment.
Wiom may rent, sell, or share Non-Personal Information or Personal Information in an aggregate form after it undergoes the process of de-identifications and is no more identifiable to you, with any third party.
Wiom may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency's request.
Wiom may engage PDOA partners and other third-party vendors and/or contractors to deliver the Services to you and perform certain support services for Wiom, including, without limitation, fulfilment of your order requests, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by Wiom to provide its Services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for Wiom and they are not authorized by Wiom to otherwise use or disclose Information, except to the extent required by law. Wiom does not make any representations concerning the privacy practices or policies or terms of use of such platforms, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on such platforms.
The Platform may contain links and interactive functionality interacting with the platforms of third parties. Wiom is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such platforms. Before enabling any sharing functions to communicate with any such platforms or otherwise visiting any such platforms, Wiom strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party platforms.
DISCLOSURE TO ACQUIRERS: Wiom may disclose and/or transfer Information to an investor, acquirer, assignee, or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Wiom.
You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to Wiomin writing through an email at talk2wiom@wiom.in, requesting the same. If you at any time wish to rectify your Personal Information.
Once you withdraw your consent to share the Personal Information collected by Wiom, Wiom shall have the option not to fulfil the purposes for which the said Personal Information was sought and Wiom may restrict you from using the Services on the Platform and/or the Platform itself.
If you wish to delete your account, and thereby discontinue using the Services provided by Wiom on the Platform, you may do so at any time.
You shall have the right to review your Personal Information and/or SPDI (as the case may be) submitted by you on the Platform and to modify, correct, erase, or delete any Personal Information and/or SPDI (as the case may be), provided by you, directly on the Platform. You hereby understand that any such modification, correction, erasure or deletion may affect your ability to use the Platform. Further, it may affect Wiom’s ability to provide its Services to you.
Wiom reserves the right to verify and authenticate your identity and your account information and/or payment Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by Wiom if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
Ifyouneed to update orcorrect your Personal Information that Wiom may have collected to offer you personalized Services and offers, you may send updates, requests for erasure, and corrections to Wiom at talk2wiom@wiom.in, citing the reason for such rectification or erasure of Personal Information. WIOM will take reasonable efforts to incorporate the changes within a reasonable period of time.
Wiom shall store your Personal Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information has been collected. These periods vary depending on the nature of the Information and your interactions with Wiom. Notwithstanding anything in this Agreement, WIOM shall store you Aadhaar details for a period necessary to satisfy the purpose for which the Aadhaar has been collected.
Wiom may store Non-Personal Information and Usage Information received from you till such time it requires provided such storage and retention is in accordance with applicable law.
You agree that you will not submit any false information or any illegal or damaging content to the Platform.
Wiom reserves the right to terminate access to or the ability to interact with the Platform in response to any concerns Wiom may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
To enhance your experience with the Platform, Wiom use "cookies” and pixel tags and clear gifts on certain pages of the Platform or other tracking technologies to distinguish you from other customers of the Services and to remember your preferences on the Platform. This helps Wiom to provide you with a good experience when you use the Services on the Platform and also allows Wiom to improve such services. Cookies are text files that Wiom places in your computer's/device’s browser to store your preferences. Cookies, by themselves, do not tell Wiom your e-mail address or other personally identifiable information unless you choose to provide this information to Wiom, for example, by registering on the Platform. They are designed to hold a marginal amount of data specific to a particular user and Platform and can be accessed either by the web server or the user’s device. However, once you choose to furnish the Platform with personally identifiable information, this information may be linked to the data stored in the cookie. Wiom uses cookies to understand site usage and to improve the content and offerings on the Platform. For example, Wiom may use cookies to personalize your experience on the Platform (e.g., to recognize you by name when you return to the Platform), save your password in password-protected areas, and enable you to use carts on the Platform. Wiom may also use cookies to offer you products, programs, or services. Cookies may be placed on the Platform by third parties as well, the use of which Wiom does not control.
Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. If your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Platform and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
Wiom has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. Wiom takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Wiom considers the confidentiality and security of your Information to be of utmost importance. It therefore uses industry standards, and physical, technical, and administrative security measures to keep Information confidential and secure and Wiom will not share your Information with third parties, except as otherwise provided in this Agreement. Please be advised that, however, while Wiom strives to protect Information and privacy, Wiom cannot guarantee or warrant its absolute security when Information is transmitted over the internet into the Platform. Wiom will annually evaluate this necessity considering your privacy and Wiom’s relation while keeping the applicable legislation in mind.
Access to your online account on the Platform is via. your Login Credentials, which is password protected and this helps to secure your account information. You are solely responsible for maintaining the confidentiality of your Login Credentials. To ensure safety of your Information, you are advised against sharing your Login Credentials with anyone. If you suspect any unauthorized useofyouraccount, youmust immediately notify Wiom. You shall be liable to indemnify Wiom for any loss suffered by Wiom due to such unauthorized use of your
account.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Platform or for other reasons solely attributable to you, Wiom shall not be held liable or responsible under any circumstance whatsoever. Further, Wiom shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Wiom’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the customer, etc.
Wiom does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. Wiom does not intentionally or knowingly collect Personal Information through the Platform from anyone under that age. Wiom encourages parents and
guardians to be involved in the online activities of minors to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Platform on behalf of someone else, you represent and warrant that you are authorised by such person to accept this Agreement on their behalf and to consent on behalf of such person to Wiom’s use of such of person’s Information as described in this Agreement.
IN NO EVENT SHALL WIOM BE LIABLE TO ANY USER OR SITE OWNER FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WIOM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES. THE USER OF THE PLATFORM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES AND THE INTERNET GENERALLY. YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OROTHER RIGHT OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Wiom shall not be held responsible for any loss, damage, or misuse of your Information, if such loss, damage or misuse is attributable to a Force Majeure Event or any other reason not solely attributable to Wiom. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of Wiom and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown or any other reason and any other similar eventsnot within the control of Wiom and which Wiom isnot able to overcome.
Once youregister as a ‘Customer’ onthe Platform, youmay receive Short Message Service (SMS) and phone calls from Wiom on the registered mobile number and e-mails on your registered e- mail address (as
applicable). These messages, e-mails and calls could relate to your registration, transactions that youcarry out through the Platform and promotions that are undertaken by Wiom. You have the option to 'opt-out' of all Wiom’s newsletters and other general email marketing communications by way of links provided at the bottom of each mailer. Wiom respects your privacy and in the event that you choose to not receive such mailers, Wiom shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
Name: Maanas Dwivedi
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