TERMS OF SERVICE
THIS LEGAL AGREEMENT BETWEEN YOU AND OMNiON GOVERNS YOUR USE OF THE WorkOSE PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
“OMNiON” as used herein means OMNiON PreMedia Private Limited, located at 549, 9A Main Road, First Stage, Indira Nagar, Bangalore 560038, INDIA, for users anywhere in the world.
OMNiON PreMedia Private Limited, India is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. When WorkOSE is used, your content will be automatically sent to and stored by OMNiON, so you can later access that content or have content wirelessly pushed to your other WorkOSE devices or computers.
OMNION PreMedia Private Limited. (“OMNiON”) provides use of www.workose.com (the “Website”) and other related websites and its OMNiON online service known as WorkOSE - Work OS & Ecosystem, and other related online services (collectively, “Service(s)”) to you subject to the these OMNiON Website Terms of Service (“TOS”). You can review the most current version of the TOS at any time at this website.
These TOS apply to anyone accessing the Website and Services (“you” or “your”). The Website and Services are provided by OMNiON PreMedia Private Limited (“OMNiON,” “we,” “us,” or “our”), with its registered office at 549, 9A Main Road, First Stage, Indira Nagar, Bangalore 560038, INDIA.
By visiting or otherwise accessing the Website and Services, you are agreeing to these TOS. Please read them carefully. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
No Illegal, Harmful or Offensive Use or Content.
You may not use, or encourage, promote, facilitate or instruct others to use, the Website and Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities and content include:
Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
Harmful or Fraudulent Activities.
Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices, or pose or create a privacy or security risk to any person.
Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
Transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming,” or solicits personal information from anyone under 18.
No Security Violations.
You may not use the Website and Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
You may not do anything that disrupts the Website and Services or the way it functions; anything that interferes with other user's enjoyment of the Website and Services or using the Website and Services to deceive people. Prohibited activities include but are not limited to: (1) forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Website and Services to send altered, deceptive, or false source-identifying information; (2) using viruses, bots, worms, or any other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (3) interfering with the access of any user, host, or network to the Website and Services; (4) making any automated use of the System, such as, but not limited to using scripts to send images or videos; (5) interfering with, disrupting, or creating an undue burden on the Website and Services or the networks or services connected to the Website and Services; (6) impersonating or attempting to impersonate another user, person or entity; (7) selling or otherwise transferring your profile; (8) using any information obtained from the Website and Services in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Website and Services or breach any security or authentication measures; (9) collecting or storing personal data about other users without their express permission, including collecting usernames, user passwords, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited messages or unauthorized framing of or linking to the Website and Services; (11) impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; (12) scraping the Website and Services by the use of crawlers, bots or other automated mechanisms; and (13) using the Website and Services in a manner that violates any laws or regulations.
We reserve the right, but do not assume the obligation, to investigate any violation of these TOS or misuse of the Website and Services. We may investigate violations of these TOS or misuse of the Website and Services; or remove, disable your access to, or modify any content or resource in the Website and Services that violates these TOS, applicable law or regulation, or any other agreement we have with you.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate information about you. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these TOS.
If you become aware of any violation of these TOS, you will immediately notify us and provide us with reasonable assistance, as requested, to stop or remedy the violation.
When you visit and use the Website and Services or send e-mails or other messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website and Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
“OMNiON”, "OMNiDAM" and “WorkOSE,” and other OMNiON graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of OMNiON in the U.S. and/or other countries. OMNiON's trademarks and trade dress may not be used in connection with any product or service that is not OMNiON's, in any manner that is likely to cause confusion among customers or otherwise in the marketplace, or in any manner that disparages or discredits OMNiON. All other trademarks not owned by OMNiON that appear on this Website and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OMNiON.
You are responsible for maintaining the confidentiality of your OMNiON account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree not to share your account credentials with anyone, or otherwise allow someone to access your account. OMNiON reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
OMNiON will make commercially reasonable efforts to make the Website and Services available.
Availability of the Service.
The Service, or any feature or part thereof, may not be available in all languages or in all countries and OMNiON makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
From time to time, OMNiON may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software.
Changing the Service.
From time to time, OMNiON may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing OMNiON with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and OMNiON, and that OMNiON is not obligated to provide you with any Beta Features. OMNiON may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that OMNiON may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. OMNiON strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. OMNiON may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that OMNiON provides to you in order to receive any such support. OMNiON reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that OMNiON has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, OMNiON will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, OMNiON will be free to use any feedback you provide for any purpose.
As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify OMNiON of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, OMNiON shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
In order to use the Service, you must enter your OMNiON/WorkOSE ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that OMNiON may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an OMNiON ID, email address, domain name, WorkOSE ID, or similar resource used by you in connection with the Service.
No Right of Survivorship.
Unless otherwise required by law, You agree that your Account is non-transferable and that any rights to your OMNiON ID, WorkOSE ID or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted.
No Resale of Service.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
OMNiON may provide you with notices regarding the Service, including changes to this Agreement, by email to your email address (and/or other alternate email address associated with your Account if provided), Skype, iMessage or SMS, by regular mail, or by postings on our website and/or the Service.
Links and Other Third Party Materials.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because OMNiON may have no control over such third party sites and/or materials, you acknowledge and agree that OMNiON is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that OMNiON shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Voluntary Termination by You.
You may delete your OMNiON ID or WorkOSE ID and/or stop using the Service at any time. If you wish to stop using WorkOSE on your device, you may do so from a device by logging out.
To terminate your Account and delete your OMNiON ID, WorkOSE ID contact OMNiON Support at https://workose.com/contact. If you terminate your Account and delete your OMNiON ID or WorkOSE ID, you will not have access to other OMNiON or third party products and services that you set up with that OMNiON ID or WorkOSE ID. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by OMNiON.
OMNiON may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, OMNiON will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by OMNiON in its sole discretion and OMNiON will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, OMNiON may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of OMNiON’s reasonable control. In the event of such termination, OMNiON will provide you with a pro rata refund of any pre-payment for your then-current paid term. OMNiON shall not be liable to you for any modifications to the Service or terms of service.
Effects of Termination.
Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, OMNiON ID, WorkOSE ID, email account, and Content. In addition, after a period of time, OMNiON will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
This Agreement constitutes the entire agreement between you and OMNiON, governs your use of the Service and completely replaces any prior agreements between you and OMNiON in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of OMNiON to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and OMNiON shall be governed by the laws of India, excluding its conflicts of law provisions. You and OMNiON agree to submit to the personal and exclusive jurisdiction of the courts located within Bangalore, India, to resolve any dispute or claim arising from this Agreement. If (a) you are not a Indian citizen; (b) you do not reside in India; (c) you are not accessing the Service from India; and (d) you are a citizen of one of a foreign country, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable laws of India, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in Bangalore, India, whose law governs.
LIMITATION OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
OMNiON SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) OMNiON’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) OMNiON’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMNiON AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF OMNiON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold OMNiON, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by OMNiON as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue OMNiON, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of OMNiON’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless OMNiON from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.