The website, www.weyyak.com and Application is owned, operated and maintained by ASIA T.V. LIMITED (“Company”).
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE WEYYAK SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF WEYYAK) AND COMPANY (THE OWNER OF WEYYAK) AND GOVERN YOUR USE OF WEYYAK. BY CHECKING/CLICKING ON THE ‘I AGREE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING WEYYAK, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE WEYYAK.
- ‘ Application ’ means the Weyyak application owned by the Company to provide the Content on Devices, which is available on various platforms such as iOS, android and supported web browsers etc.
- ‘ Content ’ means all text, graphics, images, music, software, audio, video, information or any other materials available on Weyyak.
- ‘ Devices ’ means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet.
- ‘ Weyyak ’ means the Weyyak website, www.weyyak.com, Weyyak mobile web, and any other future variations or domain, Application and any present and future means and modes to offer Services.
- ‘ Internet’ shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
- ‘ Subscription Package ’ means a combination of one or multiple live tv channels, video on demand, TV shows, movies, music or any other Information or entertainment-based Content priced at a specific amount decided by the Company at its sole discretion.
Unless otherwise specified, Weyyak is available for individuals who have attained the age of majority in their jurisdiction. In the case of Your country, this service is restricted to Users who are aged 18 years or older. If You are under the relevant age of majority in Your jurisdiction, You may only access the Site and the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In YOUR country, by browsing or downloading and/or installing and/or using the Weyyak, YOU represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, YOU have taken the consent of YOUR parent or guardian.
YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use Weyyak and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider.
YOU may register YOURSELF as a user of Weyyak and become a registered user of the Weyyak platform (“Registered User”). During the registration process, YOU as a Registered User are required to create user name (by using YOUR mobile number) and password.
As a Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Company reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.
Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package (“Subscription User”). As a Subscription User, You will be required to subscribe to the Subscription Packages made available by Company from time to time.
YOU may subscribe to Weyyak services by registering and availing a Subscription Package on the Weyyak platform. During the registration process, YOU are required to create user name (by using YOUR mobile number) and password.
The subscription to Subscription Packages may be subject to additional terms specified by Company. Depending on packages and/or value-added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by Company for accessing and browsing Weyyak. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the Weyyak after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.
Company reserves the right to modify or discontinue Weyyak at its sole discretion with or without notice to YOU. Company shall not be liable to YOU or any third party in any manner, should Company exercise its right to modify or discontinue Weyyak. Further, Company reserves the right, at any time, with or without notice and without any liability to:
- replace or otherwise withdraw Subscription Packages or Content;
- change or reduce the number of hours of any Content;
- blackout any Content; and
- modify the prices for Subscription Packages or any part of Weyyak service.
Further, Company reserves the right to change packaging and introduce base and add on packages and/or offer channels on a-la-carte basis. YOU acknowledge and agree that the Content provided by Company as part of Weyyak is being supplied by third parties and availability of such Content is outside Company’s control and can be removed anytime. Additionally, Company shall have the right, but not the obligation, to refrain from providing to YOU any Content in the interest of national security or in the event of emergency/war or similar situation or if the Content is anti-national, promotes political/religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or Company otherwise determine that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of Company’s subscribers or the general public.
In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, YOU must use YOUR own credit card and/or debit card and/or net banking account and/or cash card. YOU confirm and acknowledge that YOU are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, YOU may be directed to an external payment gateway page. The payment gateway may redirect YOU to other website(s) maintained or controlled by third parties, and Company does not control such third-party website(s) and hence are not responsible for any transactions on such website(s). Company will not be liable for any credit card or debit card or net banking or cash card fraud, and Company will not entertain or address any such grievances or issues. YOU are requested to communicate all grievances related to such issues to YOUR bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. Company shall not be responsible for all or any dispute or difference relating to online payment made by YOU through credit card or debit card or net banking account or cash card or via any other mode available. Further, Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party.
Weyyak is available in select countries only. Company would not be held responsible for hindrances in the access and use of Weyyak due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using Weyyak in the countries of YOUR use.
Weyyak shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.
The Content on Weyyak and the “Weyyak” word mark and the “Weyyak” design mark, as well as certain other of the names, logos, and materials displayed on or through Weyyak that constitute trademarks, trade-names, service marks or logos (“Marks”) are owned by or licensed to Company and are subject to copyright, trademark, and other intellectual property rights under Canadian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Weyyak or any portion of the Weyyak, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by Company. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by Company. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
You hereby agree that all intellectual property rights, title and interest in the user generated content published or generated on Weyyak by You shall vest with Company.
- It is hereby clarified that Weyyak is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell the Content of Weyyak. YOU shall not translate, reverse engineer, decompile, disassemble Weyyak. YOU shall only use the Weyyak on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of Weyyak, either directly or via any facility management, timesharing, service bureau or any other arrangement. If YOU transfer possession of any copy of Weyyak to another party, YOUR subscription of Weyyak shall automatically get terminated. All rights not expressly set forth hereunder are reserved exclusively by Company.
- You are prohibited from using technology or other means to access, index, frame, or link Weyyak, in whole or in part that is not authorized by Company;
- You hereby agree not to use Weyyak for promoting services of competitors of Company;
- You hereby expressly agree to use Weyyak in strict compliance with applicable laws;
- You agree, undertake and confirm that Your use of Weyyak shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of Weyyak;
- that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
- misleading in any way;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images;
- provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses; or
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Weyyak or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Weyyak or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Weyyak. We reserve the right to bar any such activity.
- You shall not probe, scan or test the vulnerability of Weyyak website or any network connected to Weyyak nor breach the security or authentication measures on Weyyak or any network connected to Weyyak. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Weyyak to its source.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through Weyyak or any service offered on or through Weyyak. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall not engage in advertising to, or solicitation of, other users of Weyyak to buy or sell any products or services, including, but not limited to, services being displayed on or related to Weyyak.
- Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Weyyak, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on Weyyak. YOU acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Weyyak and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of Weyyak, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using Weyyak, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on Weyyak. Please carefully select the type of information that You publicly disclose or share with others on Weyyak.
YOUR right to use Weyyak premium services shall automatically terminate on the expiry of the term of the Subscription Package.
You may discontinue your participation in and access to Weyyak at any time. YOU agreed that upon suspension or termination, no amount shall be refunded to YOU by Company.
Company welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to Weyyak (“Feedback”). YOU may submit Feedback by emailing us at firstname.lastname@example.org . YOU acknowledge and agree that all Feedback will be the sole and exclusive property of Company and YOU hereby irrevocably assign to Company all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Company's request and expense, YOU will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that Company shall not be under an obligation to take any action pursuant to the Feedback provided by You. Company may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep Company harmless against any liabilities that may suffered or incurred by Company as a consequence of any action taken by Company pursuant to Your Feedback.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF UAE, WEYYAK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING WEYYAK TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM WEYYAK. WITHOUT LIMITING THE FOREGOING PROVISIONS, COMPANY MAKES NO WARRANTY THAT WEYYAK WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE WEYYAK WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT WEYYAK AN BE BLOCKED OR MADE INOPERABLE AND COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. WEYYAK IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF WEYYAK NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH WEYYAK; (B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE WEYYAK; (C) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE WEYYAK, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY COMPANY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST RECHARGE AMOUNT FOR WEYYAK. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The relationship between Company and You is on a principal-to-principal basis. You are in no way Company’s legal representative, partner or agent for any reason whatsoever.
YOU agree to comply fully with all applicable export laws and regulations to ensure that Weyyak are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
YOU agree that Weyyak, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of Company. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without Company's prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. Company may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
When You use or send any data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from Company periodically and as and when required. Company will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Company which will be deemed adequate service of notice / electronic record.
Any notices or other communications required will be in writing and emailed to Company at email@example.com . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If You have any claims with respect to the ownership of Content transmitted through Weyyak, please follow the “Ownership Claims and Dispute Resolution Mechanism” at https://weyyak.com/en/static/privacy-en .
LAW & DISPUTES
ENTIRE AGREEMENT AND AMENDMENT