PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
TERMS OF USE
Effective date: 2023-06-06
Welcome to https://dwellbuddy.com/ a venture of Webmobtech Solutions (“us”, “we”, or “our”) a registered entity, having its registered office at: 111 N Market, Street #300 San Jose, CA 95113, United States. (Hereinafter referred to as “Company”).
The terms and conditions as stipulated below constitute a legally binding and enforceable agreement between the Company and the User regarding the use of Services provided by the websites named https://dwellbuddy.com/ and/or Applications and/or Email addresses (hereinafter referred to as “Platform”) owned by the Company.
The User is urged to read the terms and conditions carefully before accessing the Services of the Platform. The agreement to the said terms unequivocally binds the User to all the terms and conditions and all existing Agreements of the Company. If you indulge in any activity in a manner which is inconsistent with these terms and conditions, the Company may terminate your current access and place a restriction on access in the future.
I. DEFINITIONS:
The following words shall have these meanings as defined herein below:
Agreement: This shall mean and include the terms and conditions and other references drawn including Privacy Policy stated herein.
Company: This term is defined as Webmobtech Solutions
User/Users/you: This term is referred to any person visiting the Platform.
User Information: This term is defined as anything User/you post, upload, share, store, or otherwise provide through the Services and/or communicate with through the Services.
Platform: This term is defined as the websites named https://dwellbuddy.com/ and/or Applications and/or Email Addresses of the Company.
II. APPLICABLE LAWS AND JURISDICTION:
These Terms and Conditions will be governed by and construed in accordance with the laws of India. The courts in Ahmedabad, Gujarat, India alone shall have exclusive jurisdiction over any dispute or issue arising out of the use of the services provided by the Platform. The User shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from the Company, any such purported assignment or delegation will be null and void and of no force or effect. The user revokes his/her right for contesting their claims, if any at any other jurisdiction apart from the ones mentioned herein.
III. ELIGIBILITY:
All Users who wish to avail the Services provided by the Platform should be of 18 years of age and competent to enter into a legally binding contract and not disqualified by any existing law in force.
Individuals below the age of 18 years, who wish to utilize the Services provided by the Platform, can do so, under the guidance and supervision of Parents or legal guardian under the registered account on the Platform.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
IV. PRIVACY POLICY:
Please read the Privacy Policy relating to the collection and use of your information conjunctively with the present document. By using the Platform and providing any information, you/Users are consenting to the processing of your information by us and consenting to our Privacy Policy.
V. PURPOSE:
DwellBuddy offers a comprehensive and user-friendly online waste management solution that caters to the needs of communities, administrators, managers, associates, and individual users. The platform enhances waste collection services through innovative features and tools, providing effective waste management solutions for commercial, residential, and industrial settings.
DwellBuddy’s online waste management solution is designed to streamline and improve waste collection services, promoting transparency, efficiency, and communication among all stakeholders involved in the waste management process.
If any of our Services require you to create an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form or you may login through a third-party processor such as your Google account. In the latter case, personal information you provided to that third party, such as your name, email address, and other information, your privacy settings on that service allow us to access, will be used to create your account. Your member account will include a username and password of your choosing.
VI. SERVICES
Trash Collection Services:
Trash Rostering: Enable users to schedule and manage waste collection duties for associates based on specific needs and timeframes.
QR Scanner: Associates utilize unique QR codes on bins to track and record waste collection, allowing administrators to monitor the quantity of waste collected in a given period.
Geo-Fencing: Associates can only check-in to a location after reaching the designated area, ensuring accurate tracking of tasks. Check-out is facilitated upon completion of the assigned tasks.
Wage Calculation: The platform automatically calculates associate wages based on the completed tasks within a week, month, or year.
Task Violation Management: Users can report any unsatisfactory trash collection jobs, allowing the community and associates to address and resolve issues promptly.
Request Task: Community users can schedule trash pickups, report additional trash, and seek assistance for extra waste removal, enhancing flexibility and responsiveness.
Administrative Tools:
Admin Panel: Administrators can observe, analyze, and manage tasks, individuals, and properties within the solution. They can track daily activities, schedule tasks months in advance, and maintain the overall efficiency of the trash collection service.
Manager Dashboard: Managers have the ability to schedule tasks for associates, communicate with associates and the community, monitor and resolve violations, and handle requests for extra waste collection or additional bin requirements.
User-Specific Features:
Associates Dashboard: Associates can view their daily tasks, ensuring completion of all assigned duties before sign-out. They can report complaints, manage leave history, and track their pay scales.
Community Dashboard: Users can schedule trash collection on non-regular days, report complaints about associates, and communicate with higher authorities to resolve waste-related issues promptly
You may not copy, reproduce, resell, sublicense, or redistribute any software made available to you. For your convenience, we may make available various tools and utilities for you to download and use as part of the Services.
Documentation
Except as otherwise set forth in the terms that accompany any documentation made available to you as part of the Services, you may not annotate, translate, and make a reasonable number of copies of such documentation for your use in designing, developing, and testing your software, products, and services, and you may not distribute any amount of portions of the documentation as necessary to document your software, products, and services without explicit consent of company. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the documentation and ensure that both the copyright notice and this permission notice appear in those copies. The documentation and related graphics published on this Website may contain technical inaccuracies or typographical errors.
Some of the Services may contain bulletin boards, chat areas, user groups, forums, communities, personal webpages, file cabinets, and email or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. When using the Communication Services, you may not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messaging (commercial or otherwise);
Send unsolicited communications, promotions, advertisements, or spam;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute, or disseminate any offensive, inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, material, or information;
Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, unless you own the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Website or Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s property;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
Download any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed;
Falsify or delete any copyright management information, such as author attributions, legal or other notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable to the Communication Services;
Harvest, mine, or otherwise collect information about others, including email addresses and any other personally identifiable information;
Violate any applicable laws or regulations;
Create a false identity for the purpose of misleading others; or
Use, download, copy, or provide (whether or not for a fee) any directory of users of the Services or other user or usage information.
User Roles:
You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for all activity that occurs under your account. If you notice any unusual activities or suspect unauthorized activity on your account or any other breach of security, you must immediately notify us at hello@dwellbudy.com. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or our suppliers due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We reserve the right to terminate unpaid user accounts and accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. This data deletion policy applies to all Services.
VII. ACCESS SECURITY AND PASSWORD:
The User may be required to sign up for an account and login through any third party account, and select a password and user name. The User promises to provide us with accurate, complete, and updated registration information. The User may not transfer the account to anyone else without our prior written permission.
All the transactions on the Platform will be secured and protected and all the information provided by the Users will be encrypted and will not be disclosed to any third party.
All Users may be asked to change their passwords from time to time to ensure better protection of data and information.
All Users must take sufficient and adequate steps to prevent unauthorized access to their personal information.
All Users shall only use the Services for their own internal, non-commercial use, and only in a manner that complies with all laws that apply to User. If User’s use of the Services is prohibited by applicable laws, then User isn’t authorized to use the Services. We cannot and won’t be responsible for your using the Services in a way that breaks the law.
VIII. RIGHT OF THE COMPANY OVER USER INFORMATION:
By accepting these terms and conditions, the User agrees to authorize that the Company have the right to own all copyright and other Intellectual Property Rights over all the information provided by them.
Anything that the Users post, upload, share, store, or otherwise provide through the Services and/or communicate with through the Services is their User Information. Some User Information are viewable by other users. In order to display the User Information on the Services, and to allow other users to enjoy them (where applicable), the Users grant us certain rights in those User Information. Please note that all of the licenses are subject to our Privacy Policy to the extent they relate to User Information and may also include their personally identifiable information.
For all User Information, Users hereby grant us a license to translate, modify (for technical purposes, for example making sure the content is viewable on a mobile as well as a computer) and reproduce and otherwise act with respect to such User Information, in each case to enable us to operate the Services.
IX. OBLIGATIONS OF THE USERS:
The following are the obligations of the Users which need to be fulfilled while using the Services of the Platform.
The User must provide complete and correct information regarding your name, residential address, age, email address and other details as required by the Platform.
The User must agree to review the terms and conditions and Privacy Policy from time to time which are subject to change at the complete discretion of the Company.
The User must agree that all information provided will be subject to verification process by the Company.
The User must ensure compliance with the instructions given by the Company at all times while accessing the Platform.
The User is responsible for all applicable taxes and costs which he/she/it might incur while assessing the Services of the Platform.
The User will be solely responsible for all the information stored and transmitted by them and is responsible for any wrong information entered by him/her/it and will be liable for any action taken by a third party with regard to the same.
The User must not disclose their Username and password to any person and must keep all transactions confidential.
The User must inform the Company immediately in case of any breach or unauthorized use of personal information.
The User acknowledges that all information provided by him/her/it will be saved and used and commercially exploited by the Platform as deemed fit by the Company.
The User must have the knowledge that by submitting any information to the Platform, he/she/it is granting the Company an irrevocable, non- cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right to exercise all copyright and publicity rights to use, reproduce, publish, distribute or perform and display such content on the Platform.
X. PROHIBITED ACTIONS OF THE USER:
The following actions of the User are strictly prohibited such as;
The User must not allow any other individual to access his/her/its account and utilize the Services offered by the Platform.
The User must not use the information provided by the Platform for any unlawful or fraudulent purposes.
The User must not infringe any Intellectual Property Rights of the Company or any person or entity listed on the Platform by copying, modifying or distributing such content.
The User must not attempt to reverse engineer or jeopardize the correct functioning of the Platform, or otherwise attempt to derive the source code of our Technology (including software, tools, methods, processes, and infrastructure) that enables or underlies the Platform.
The User must not replicate the Services, in whole or in part, or use the Services to develop or offer a similar or competitive website, application, product or service.
The User must not interfere in any way with the proper functioning of the Platform or interfere with or disrupt any servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
The User must not indulge in any activity or transaction which would pose a threat to the safety and security of the Platform.
The User must refrain from any activity which would involve transmission of a virus, worm or other harmful component into the system of the Platform while accessing the services provided by the Platform.
The User must not undertake to resell or assign his/her/its rights or obligations under these Terms and Conditions.
The User must not upload or transmit any information, the content of which is offensive to religious, moral, racial or political sentiment. The Company has right, in its sole and absolute discretion, to refuse, delete or remove any such information.
The User must not upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.
The User must not upload or transmit information which is in contravention of any local, federal or international laws or regulations applicable to them from time to time.
The User must not upload or transmit any information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
The User must not indulge in any activity which would lead to a violation of any terms and conditions. The Company have the right to terminate and or suspend the Services to any such individual or entity.
The User must not use the services to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
The User must not infringe the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
The User must not use the services in any other conduct that restricts or inhibits anyone’s use or employment of Service, or which as determined by Company, may harm or offend Company or users of Service or expose them to liability.
The User agrees not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
The User agrees not to attack services via denial-of-service attack or a distributed denial-of-service attack.
The User agrees not to take any action that may damage or falsify Company rating.
XI. ADVERTISEMENTS AND PROMOTIONS
The Company may run advertisements and promotions from third parties on the Platform. User’s/Your correspondence or business dealings with, or participation in promotions of, advertisers other than the Company found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User/you and such advertiser. The Company is not 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 advertisers on the Platform.
XII. INTELLECTUAL PROPERTY RIGHTS:
The Service and its original content, features and functionality are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress shall not be used in connection with any product or service without the prior written consent of the Company.
The User of the Platform has no right or claim to use, copy reproduce, distribute, transmit, broadcast, display any trademarks, trade names, service marks, logos, domain names or any distinctive brand features of the Company.
All such logos, trademarks, trade names, service marks, brand names, including material, designs, and graphics belong exclusively to the Company and no User can indulge in any activity which will amount to infringement of the Intellectual Property Rights.
XIII. INDEMNITY:
The User agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of content of what the User submits, posts or transmits through the Service, through the User’s use of the Service, the User’s connection to the Service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.
XIV. CONFIDENTIALITY:
All aspects related to financial, commercial, operational and technical information of the Company which is received by the User, have to be kept confidential and secret. The User is not allowed to disclose to any third party the confidential information of the Company, in whole or in part, except in cases where it is required and upon prior written permission from the Company. The User is not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Company. All confidential information voluntarily provided by the User to the Company is done at their own risk. If such information is misused and collected by a third party, the Company are not liable for such an action.
XV. MODIFICATIONS TO SERVICE:
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
XVI. AMENDMENT:
The Company reserves its right to modify or terminate the Services provided by the Platform, for any reason, without prior notice, without liability to the User or any other members or third party. The Company also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself/itself apprised of any such changes.
XVII. FORCE MAJEURE:
The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Pandemic, Epidemic and Quarantine/ Lockdown Restriction;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
The Company’ performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Company shall have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms shall be performed despite the Force Majeure Event.
XVIII. ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between the Users and the Company with respect to the subject matter thereof, supersede, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
XIX. ERROR REPORTING AND FEEDBACK:
You may provide us either directly at hello@dwellbuddy.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
XX. AMENDMENTS TO TERMS:
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
XXI. ACKNOWLEDGEMENT:
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
XXII. LIMITATION OF LIABILITY
YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, DATA LEAKAGE, HACKING OF UNETHICAL INTRUSION BY 3rd PARTY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XXIII. DISCLAIMER
THE COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AND POLICY FROM TIME TO TIME AS PER THE COMPANY POLICIES AND/OR AS PER THE INDIAN LAWS AS SEEN FIT. THE CONTINUED USE OF THE PLATFORM WILL SIGNIFY THE ACCEPTANCE BY THE USER OF ANY AMENDMENT TO THESE TERMS AND POLICY. THE USER IS THEREFORE ADVISED TO RE-READ THE POLICY ON A REGULAR BASIS. SHOULD IT BE THAT THE USER DOES NOT ACCEPT ANY OF THE MODIFICATIONS OR AMENDMENTS TO THE TERMS OR POLICY, THE USER MAY TERMINATE HIS/HER/ITS USE OF THIS PLATFORM IMMEDIATELY. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY, FOR DISCLOSURE OF INFORMATION OF THE USERS DUE TO ERRORS IN TRANSMISSION, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL. THE ONUS OF PROTECTING THE CLASSIFIED/ PERSONAL INFORMATION DETAILS OF EVERY USER SOLELY DEPENDS ON THEM AND THE COMPANY SHALL TAKE NO LIABILITY IN CASE OF ANY BREACH THEREUPON. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF ANY DISCLOSURE (INADVERTENT OR OTHERWISE) OF ANY INFORMATION CONCERNING THE USER’S ACCOUNT OR FOR ANY ERROR, OMISSION OR INACCURACY WITH RESPECT TO ANY INFORMATION SO DISCLOSED AND USED WHETHER OR NOT IN PURSUANCE OF A LEGAL PROCESS OR OTHERWISE. THE USER PLAYS AN IMPORTANT ROLE IN KEEPING HIS/HER PERSONAL INFORMATION SECURE. THE USER SHOULD NOT SHARE HIS/HER USER NAME, PASSWORD, OR OTHER SECURITY INFORMATION RELATED TO THEIR ACCOUNT WITH ANYONE. THE COMPANY GENERALLY FOLLOWS ACCEPTED STANDARDS TO PROTECT THE PERSONAL INFORMATION SUBMITTED BY THE USERS, INCLUDING THE USE OF SERVICES FROM THIRD PARTY SERVICE PROVIDERS. THEREFORE, WHILE THE COMPANY WILL STRIVE TO USE COMMERCIALLY ACCEPTABLE MEANS TO PROTECT PERSONAL INFORMATION OF THE USERS, THE COMPANY CANNOT GUARANTEE ITS ABSOLUTE SECURITY AND THEREBY USAGE IN A MANNER THAT IS INCONSISTENT WITH THIS POLICY.