Terms and conditions – Use of our Platform

This document is an electronic record in terms of the Information Technology Act, 2000 and Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 and the provisions pertaining to electronic records in various statutes as amended by the Information technology, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This Shway USER Agreement (“T&C”) applies to anyone’s use and access of our websites (letshway.com)/ webpages, mobile applications, emails, and other online products and services offered by Shway (collectively, the “Services”) provided by 028 Community India Private Limited and our affiliates. (“Shway,” “we,” “us,” or “our”).

We are thrilled to welcome you to Shway, an innovative community-building space designed to bring individuals with shared interests together. Before you embark on this exciting journey of connection and collaboration, we invite you to familiarize yourself with our Terms and Conditions of Use.


Acceptance of Terms:

By installing, downloading or accessing (or even merely visiting) any part of the the Shway application and website, you signify your agreement to comply with and be bound by these Terms and Conditions and other policies of the Company as posted on the application or website from time to time. If you do not agree with any part of these terms, we kindly request that you refrain from using our platform. References to the user in these T&C must be construed in the context in which the term is used.


Community Values:

Shway is dedicated to fostering a positive and inclusive environment. We encourage users to engage respectfully, promote diversity, and contribute to the overall well-being of the community. There is zero tolerance for objectionable content or abusive users. Any content that goes against these values may result in appropriate action, including account suspension.


Privacy Matters:

Your privacy is paramount to us. Our Privacy Policy outlines the collection, use, and protection of your personal information. Please take a moment to review this document and our privacy policy in

letshway.com

to understand how your data is handled within the Shway community.


User Responsibilities:

As a member of the Shway community, you are responsible for the content you share, ensuring it complies with our guidelines. Any misuse, abuse/ harassment of others, or violation of intellectual property rights is strictly prohibited.

The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase,

and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

The Users release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Application and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Application.


In order to allow the Company to use the information supplied by the Users, without violating any rights or any laws, the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. The Company will only use the information in accordance with these Terms of Service and Privacy Policy available at [], applicable to use of the Application.


Account Security:

Protecting your account is a shared responsibility. Ensure that your login credentials are secure, and promptly report any unauthorized access to our support team. We will never request your password through unsolicited communication. Please note that Shway will never ask for your login credentials and any other personal details on call/ SMS or email.


Termination of Services:

These T&C and the Policies take effect on the date on which application is downloaded and/or website is used or the date on which they are updated, creating a legally binding arrangement between the user and the Company.

Shway reserves the right to terminate or suspend user accounts for violations of these Terms and Conditions. We are committed to maintaining a safe and enjoyable space for everyone in the community.


Accuracy, Completeness and Timeliness of Information

The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by the Users. The material on the Application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Application is at the Users’ own risk.


The Application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Application at any time, but has no obligation to update any information on the Application. The Users agree that it is their responsibility to monitor changes to the Application.


Occasionally there may be information on the Application that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Application is inaccurate at any time without prior notice.

The Company undertakes no obligation to update, amend or clarify information in the Application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Application, should be taken to indicate that all information on the Application or pertaining to the Services have been modified or updated.


Updates and Modifications:

To enhance user experience and adapt to changing needs, Shway may periodically update these Terms and Conditions. We encourage you to review them regularly to stay informed about any changes.

By using Shway, you are not just joining a community; you are becoming part of a collective effort to create meaningful connections. We appreciate your commitment to making Shway a space where everyone feels welcome and valued.


Thank you for choosing Shway. Now, let's embark on this exciting journey together! Please see below our detailed conditions for use:


Your Access to the Services

No one under 18 years is allowed to use or access the Services. Please read all notices and any Additional Terms carefully when you access the Services.

By using the Services, you state that:

We can change the fees and other commissions as applied to services and goods. All purchases are final, non-refundable, and non-returnable to the furthest extent permitted by law. Shway does not have an obligation to refund or credit for partially used billing periods.

Intellectual Property

Shway respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Shway’s at support@letshway.com

If we remove Your Content in response to a copyright or trademark notice, we will notify you. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification. However, Shway’s decision in such matter shall be final and binding.

Further, the Services are owned and operated by Shway. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Shway are protected by intellectual property and other laws. All Materials included in the Services are the property of Shway or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services. Except as expressly authorized by Shway, you shall not make use of the Materials. Shway reserves all rights to the Materials not granted expressly in these Terms.

Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold Shway, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Shway Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms;

(c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE Shway ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. Shway DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE Shway ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE Shway ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO ANY COMMUNITY EVENT, ANY CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL AND / OR ANY PLANS YOU MAKE INDEPENDENTOF Shway INVOLVEMENT WITH OTHER USERS ON THE PLATFORM. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, ANY LOSS, LIABLITY, INJURY, ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE Shway ENTITIES EXCEED THE GREATER OF INR 5,000 OR ANY AMOUNT YOU PAID Shway IN THE PREVIOUS 1 MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE Shway ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Shway (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services. Explicitly, you are also subject to our: (i) code of conduct available at

letshway.com ; (ii) our policies available at   letshway.com    

Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.

The following sections will survive any termination of these Terms or of your Account: Your Content, Things You Cannot Do, Indemnity, Disclaimers and Limitation of Liability, Governing Law and Venue, Termination, and Miscellaneous.

Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language.

These Terms are a legally-binding agreement between you and Shway. If you have any questions about these Terms, please contact us at support@letshway.com.