TERMS OF USE

This mobile application WandaFree is owned and operated by Visaero, Inc. Visaero and its subsidiaries and affiliates (“Visaero,” “we,” “our,” or “us”) offer services to provide assurance to its users about the standard parameters adhered to safety and hygiene by business outlets, it also allows the users to provide feedback by rating the standard parameters adhered to safety and hygiene of the outlets that they have visited, it allows the businesses to be pro-active in assessing the health of their employees and thereby providing assurances of a safe and hygiene environment for their customers. These Terms of Use govern your use, as a user of our mobile application and Services.

Please read these Terms of use carefully before downloading, installing or using the mobile application. By downloading, installing, accessing, browsing or using the application, you accept and agree to these Terms of use which bind you legally. The Terms are entered into for the benefit of Visaero and its affiliated companies ("the Visaero Companies") who may each enforce against you. If you do not agree to these Terms of use you are not permitted to use the application and you must immediately cease downloading, installing or using the application.

The content provided in the application is intended for general informational purposes only.

  1. USE OF THE MOBILE APPLICATION.
  2. In order to use the application, you must have a compatible device which meets the following minimum specifications: for Apple devices, requires iOS version 10 or later, and is compatible with iPhone, iPad, and iPod Touch; for Android, version 6 or later. Any compatible device to which you download the application will be known as a "Device" for the purpose of these Terms of use. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the application on such Device. You accept responsibility for any use of the application on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.

    To use the mobile application, you must register your mobile device that is compatible with the mobile application.The mobile application is available only an adult individual (Legal age of 18 years and above) who registers a mobile device owned or controlled by such individual, for access to and use of ourservices through the mobile application. The availability of the mobile application and accessibility to our services on your device is dependent on the availability of cellular service and Internet connectivity that you must obtain.

    To register, you will be asked to provide your phone number. The mobile application will correlate your mobile number to your account. You are responsible for safeguarding your own password and should not disclose it to any third party.

    Do not use the mobile application if you are not eligible to, or are barred from entering into legally binding contracts or you are under the age of 18, or are temporarily or indefinitely suspended or prohibited from or accessing or using this mobile application or our services.

  3. LICENSE AND OWNERSHIP; RESTRICTIONS.
  4. Subject to the terms and conditions outlined within these Terms of Use, effective upon downloading the mobile application through termination (as described below), Visaero grants you a personal, non-exclusive, non-transferable, revocable, limited license to install and use a compiled code copy of the mobile application for one account ona mobile device owned or leased solely by you, for your personal use. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WandaFree account information to ensure that you are able to access and manage your account and that the messages are not sent to the person that acquires your old number. In the event you change your mobile set, it is your responsibility to ensure that Data within your Vault, and in the application is digitally scrubbed and sanitized. You acknowledge that Visaero may at its sole discretion with or without any notice from time to time, issue upgraded versions of the mobile application and may automatically electronically upgrade the version of any mobile application that you are using on your mobile device. You consent to such automatic upgrading of the mobile application on your mobile device and agree to timely upgrade the mobile application in the event there is no automatic update. You further agree that these Terms of Use will apply to all upgrades to the mobile application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The foregoinglicense grant is not a sale of the mobile application or any copy thereof, and Visaero retains all right, title, and interest in the mobile application (and any copies thereof), including all related intellectual property rights. Any attempt by you to transfer any of your rights, duties, or obligations,except as expressly provided for in these Terms of Use, is void. Visaero reserves all rights not expresslygranted under these Terms of Use with respect to the mobile application and otherwise.

    You may not (i) rent, lease, lend, sell, redistribute or sublicense the mobile application or our services, or any component of the mobile application or the services, (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative worksimitationsof the mobile application, any updates, or any part thereof, (ii) use any components of any mobile application separate and apart from the mobile application, (iv) use themobile application to provide public or other services like SaaS, cloud services, or business process outsourcing, or (v) copy, sell, or distribute any documentation provided with or relating to the mobile application.

    Except for Your Content (as defined below), all content on the mobile application (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, thelook and feel, as well as the selection and arrangement thereof, trademarks, logos and service marks) are the exclusive property of and owned by Visaero and is subject to protection under patent, copyright, trademark and other applicable laws as applicable. The mobile application and all of its content (except Your Content), including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States or other applicable countries.

    Unless indicated to the contrary, you may not access, copy, download or print the materials contained on the mobile application for any reason, and you may not modify or delete any copyright, trademark or other proprietary noticethat appears on the materials you access, copy, download or print. Any other use of content on the mobile application, including but not limited to (1) the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivativeworks from, any materials, information, software, products or services obtained from the mobile application, or (2) use of such items for purposes competitive to Visaero, for any commercial purposes or otherwise in connection with offering any third party products or services not authorized or approved by Visaero, is expressly prohibited. You agree to abide by all additional restrictions displayed on the mobile application as they may be updated from time to time. Visaero reserves the right to refuse or cancel any person’s registration, if any, remove any person from the mobile application and prohibit any person from using the mobile application or any service for any reason whatsoever. Visaero, its affiliates or licensors, retain full and complete title to the mobile application (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), and all associated intellectual property rights. Visaero neither warrants nor represents that your use of the mobile application will not infringe rights of third parties not affiliated with Visaero.

    You or third parties acting on your behalf are not allowed to utilize any mobile application content in any metatags (the HTML codes within a web page)or any other “hidden text” techniques or technologies without Visaero’s express written consent. You will not willfully scrape any data or other content from the mobile application and will not otherwise intentionally engage in any data mining, robots or similar data gathering or extraction methods. Willful pursuance of any such activity may lead to discontinuation of service or legal action. Discontinuation of service may be in form of suspension or blocking of device or account from accessing the mobile application. If you are blocked by Visaero from accessing the mobile application (including, without limitation, by blocking your IP address), you agree not to implement any measures to circumventsuch blocking (e.g., by masking your IP address or using a proxy IP address).

    You may not use our contact information provided on the mobile application for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the mobile application or to surreptitiouslyintercept any system, data or personal information from the mobile application. You agree not to interrupt or attempt to interrupt the operation of the mobile application in any way. Visaero reserves the right, in its sole discretion, to limit or terminate your access to or use of the mobile application at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Visaero may be entitled, at law or in equity.

    Additional Restrictions:

    You Agree:

    • not to use the application in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
    • not to use the application to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
    • not to use the application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the application (including by hacking or defacing the application); and
    • not to collect or harvest any information or data from the application or our systems or attempt to decipher any transmissions to or from the servers running the application, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the application content or reproduce or circumvent the navigational structure or presentation of the application without Visaero’s prior written consent.
  5. PRIVACY AND CONFIDENTIALITY.
  6. All personally identifiable information we collect through or in connection with the application is subject to our Privacy Policy located at www.visaero.com/privacy-policy (the “Privacy Policy”). By submitting, uploading, publishing, displaying or otherwise providing Your Content to Visaero through the mobile application, you consent to all actions taken by us withrespect to your information in compliancewith the Privacy Policy.

  7. YOUR CONTENT.
  8. You acknowledge that you are responsible for any content, biometrics, personal or other information, data, photos, videos, audio or video recordings, graphics, messages or other materials that may be submitted or uploaded via the mobile application on your registered device (“Your Content”), including the legality, reliability, appropriateness, and validity of any such materials. You may not upload to the mobile application, or otherwise use, any of Your Content that: (1) is false, fraudulent, libelous, defamatory,slanderous,obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, promotes illegal activity or unlawful violence, sexually explicit, indecently depicts a minor, or otherwise objectionable or discriminatory based on race, gender, color, religious belief, sexual orientation or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (3) may contain software viruses, malware, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity orotherwise mislead as to the origin of any of Your Content. You may not generate transactions that are intended to spoof anypart of the mobile application. You may not upload commercial content onto the mobile application.

    You represent and warrant that you own all rights to, or are otherwise authorized to use and disclose Your Content; that Your Content is accurate; that use of Your Content by Visaerowill not cause injury to any person or entity.

    Unless we indicate otherwise, you hereby grant Visaero a nonexclusive, royalty-free, fully paid up, sub licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works and compilations, including aggregated and/or anonymized data from Your Content for the purpose of performing our services, and for Visaero’s internal business purposes.

    Registration and sign-in is required to access the features and Services on the mobile application. By registering for the mobile application you confirm that you are above 18 years of age, that you are authorized to provide Your Content and grant us rights to Your Content as contemplated herein, and that Your Content is true, accurate, current and complete information. If you are under 18 years of age, you are not authorized to use the mobile application.

  9. INTELLECTUAL PROPERTY RIGHTS.
  10. You acknowledge that (i) all intellectual property rights in and to the application belong to Visaero or their licensors, (ii) the rights granted herein are licensed (not sold) to you, and (iii) you have no right in, or to, the application or its content other than the right to use the application in accordance with these Terms.

    All trademarks, service marks, trade names, and logos are proprietary to Visaero or used by Visaero with the permission of its third party providers. Nothing contained on in this application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Visaero. Your use of the trademarks displayed in this application, or any other content in this application, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the application in source code form.

  11. TERMINATION.
  12. Your right and license to use the mobile application and our services, and right to Your Content is effective until your registration is terminated at any time by Visaero or by you. You may cancel your registration using your device through the mobile application. Deletion of your account by canceling your registration will result in deletion of Your Content from the mobile application, mobile device and our servers, except for any content that we store for back-up, archival or record-keeping purposes as required by law or our internal policies. Merely uninstalling the mobile application without deleting your account or cancelling your registration will not be considered as termination of these Terms of Use and will not result in the deletion of Your Content on your mobile application, mobile device or our servers. These Terms of Use, and your obligations and restrictions hereunderoutlined within these Terms of Use, will continue to apply after termination to the extent that you retain the mobile application on your device or attempt to use our service, however, Visaero will be under no obligation to provide you any services or access to the mobile application. Your rights under these Terms of Use may terminate automatically without notice from Visaero if you fail to comply with any term(s) of these Termsof Use. Upon termination, you shall cease all use of the mobile application and our services.

    Visaero reserves the right to change, suspend, remove, or disable access to any service at any time without notice. Under no circumstances,will we be liable for the removal or non-removal of the mobile application from your device.

  13. CELLULAR COMMUNICATIONS AND INTERNET ACCESS.
  14. Use of our services requires an internet connection and may result in charges from your cellular service provider. We are not responsible for any such charges. YOU ARE REPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE MOBILE APP AND SERVICE. VISAERO DOES NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. VISAERO IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONSOF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

  15. THIRD PARTY CONTENT.
  16. The mobile application may display, include or make available content, data, information, applications or materials from third parties (referred herein as “third party content”).Visaero is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, route practicability or efficiency or any other aspect of such third party content. Such third party content may containproprietary content, information and material that is protected by applicableintellectual property and other laws, including but not limited to copyright and trademark laws. You may not will not use such proprietary content, information or materials in any way whatsoever except to use of the mobile application and our services for their intended purposes. We expressly disclaim any liability for loss or damage sustained by you as a result of accessing and use of Third Party Sites.

  17. LINKS.
  18. The mobile application may contain links to third party services (referred herein as “third party services”). Visaero does not have any liability or responsibility to you or any other person for third party services. Visaero has no responsibility or control over theterms of use or privacy practices of third party services. You are advised to read the terms of use and privacy notice of any third party services, products, applications or websites to which you connect when using the mobile application.

  19. DISCLSIMERS; NO WARRANTY
  20. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OURMOBILE APPLICATION AND SERVICES IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE RISK THAT THE MOBILE APP MAY NOT FUNCTION WITH SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. OUR MOBILE APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VISAERO,AND ITS LICENSEORS AND SUPPLERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VISAERO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE APPLICATION, OR PROVIDED BY ANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APPLICATION OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APPLICATION OR SERVICES WILL BE CORRECTED OR THAT THE MOBILE APPLICATION WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE. NO ORAL OR WRITTEN INFORMATION OR RECOMMENDATION GIVEN BY VISAERO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR BE CONSIDERED AS LEGAL ADVICE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT FULLY APPLY TO YOU.

    FURTHERMORE, USING OUR SERVICES DOES NOT GUARANTEE THE COVID STATUS OF THE INDIVIDUAL. VISAERO DOES NOT WARRANT THE ACCURACY OF YOUR CONTENT, OR THE VALIDITY, SUFFICIENCY OR COMPLETENESS OF YOUR PERSONAL HEALTH INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND SUBMITTED BY YOU.

    VISAERO and its associated companies are not liable for any ratings, indicators, opinions or related content from users or other parties that your business may receive through the WandaFree application. We expressly disclaim any Liability for loss or damage etc. sustained by you as a result of accessing and using the “Wanda Free” application.

  21. INDEMNIFICATION AND RELEASE.
  22. By accepting these Terms of Use, you agree that you will be solely responsible for your use of the mobile application and our services, and for Your Content. You agree to indemnify and hold harmless Visaero, its affiliates, and their respective employees, directors, officers, contractors, successors, customers and licensors (“Visaero Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Visaero Group, and shall defend the Visaero Group against (1) all claims that Your Content, or use thereof by any member of the Visaero Group, breaches the terms of any agreement, misappropriates, infringes or otherwise violates any intellectual property right of a third party; (2) all claims arising from fraud or intentional misconduct or gross negligence by or related to you or any individual or household to whom Your Content relates; and (3) all claims otherwise arising due to your failure to comply with or breach by you of these Terms of Use and applicable laws.

  23. LIMITATION OF LIABILITY.
  24. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VISAERO GROUP BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USETHE MOBILE APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law incases involving personal injury) exceed the amount of the lower amount of (i) fifty dollars ($50.00), or (ii) the amount paid in consideration for the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

    Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the mobile application and our services, including as it concernsincluding when relevant, online conduct, privacy and acceptable content.

  25. SEVERABILITY
  26. The invalidity or unenforceability of any part of these Terms of Use shall not prejudice or affect the validity or enforceability of the remainder of this Terms of Use.If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in other jurisdictions of that or any other provision of these Terms of Use.

  27. NO WAIVER
  28. The rights and remedies available under theseTerms of Usemay be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. Any right or obligation under these Terms of Use may be waived only in writing. Any delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

  29. ENFORCEMENT AND DISPTE RESOLUTION
  30. Any concerns pertaining to our mobile application or our services can be raised using the contact information provided below and we will use reasonable efforts to investigate and attempt to resolve any such complaints and disputes.

  31. AVAILABILITY
  32. Visaero reserves the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the application without notice for any reason without liability to you, except where prohibited by applicable law.

  33. EVENTS OUTSIDE OUR CONTROL
  34. Visaero will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, any pandemic situation, including any failure of public or private telecommunications networks.

  35. THIRD-PARTY BENEFICIARIES AND APPLICATION STORE / PLAY STORE
  36. With respect to downloading the application, you agree to comply with the Application Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the application may be dependent on the Application Store or Play Store from which you receive the application. You acknowledge these Terms are between you and Visaero and not with the Application Store or Play Store. The Application Store and Play Store are not responsible for the application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto.

  37. GENERAL
  38. You may not assign these Terms of Use through operation of law or otherwise. These Terms of Use will be governed by the laws of the State of Mumbai without regard to its conflict of law provisions. The failure of Visaero to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. A printed version of these Terms of Use shall be admissiblein judicial or administrative proceedings based on or relating to use of this mobile application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  39. CONTACT INFORMATION.
  40. Contact us at care@visaero.com if you have any concerns or questions regarding these Terms of Use, or the mobile application or our services. We may amend our Terms of Use at any time. You should review the Legal Notices and Privacy Policy button on the mobile application periodically for such changes as we may not separately notify you of the changes. If you do not agree with our Terms of Use or Privacy Policy, you cannot use our services. Effective date 31/July/2020.

  41. Cancellation and Refund Policy
  42. Please note that the terms and conditions for cancellation of bookings and purchases will vary for each product and service. Please therefore check with our Customer Care Team at care@visaero.com

    Cancellation, at your request, may not be allowed or may require a minimum processing time of varying periods, subject to the specific terms and conditions applicable to the type of product or service purchased. Cancellation may be subject to cancellation fees which you agree to bear in full.

    You agree to bear the full cost of any booking, cancellation and administration fees for any products or services booked but not utilized for any reason. In some cases, the Operator may charge cancellation and/or amendment fees in addition to those imposed by service providers.

    Refund for a PCR appointment once payment is made would be done only on request of the lab administrator. Refund in such cases will be subject to cancellation fees which you bear to agree in full. Please note that the refund process may take 20 working days from the date of appointment cancellation.