Terms of Services – LIWE Communities

Introduction

These terms of Service (“Terms”) govern your use of the LIWE mobile applications, websites and services (collectively, the “Services”) provided by We Live Communities Pvt. Ltd. (collectively “LIWE ”, “We Live”, “we”, “us”, “our”).

By using the Services in any manner, including but not limited to browsing, accessing or using this website, or by downloading, installing or using this App, you hereby expressly acknowledge and agree to observe and be bound by these Terms and the additional terms of Service and policies referenced herein. If you do not agree to these Terms of Service, please do not use these services.

LIWE reserves the right to change or modify these terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

Use of the Services

Subject to your compliance with these terms, LIWE grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

These services are provided for your non-commercial, personal use only and must not be used for business or commercial purposes. You may not reproduce, modify, copy or distribute or use for commercial purposes any part of this Services without LIWE ’s permission.

You undertake that, when browsing, accessing or using this Website, or downloading, installing or using this App, or communicating or transacting with LIWE , any Merchant or any other user of this Services, you shall not do or attempt to do or permit any other person to do or attempt any of the following:

Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

Engage in or encourage any conduct or make any statement which is or is likely to be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.

Engage in or encourage any conduct or make any statement which is or is likely, in LIWE ’s opinion, to restrict or inhibit any other person from properly using or enjoying this Services.

Furnish false, inaccurate or misleading information, use credit/debit card details fraudulently, enter into fraudulent interactions or transactions with LIWE or any third party (including by entering into interactions or transactions purportedly on behalfof a third party where you have no authority to bind that third party or by using a false or fictitious identity).

Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.

Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.

Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

Use the Services in violation of or to circumvent any sanctions or embargo.

Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of LIWE or its affiliates, partners, suppliers or licensors.

Use the Services for any purpose for which it is not designed or intended.

Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by LIWE .

Use any proprietary information or interfaces of LIWE or any other intellectual property of LIWE in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, inflammatory, deceptive, fraudulent, tortious, profane, invasive of another person’s privacy, or sensitive as to race, religion or gender, threatening, of an indecent, obscene or menacing character, blasphemous or otherwise offensive to any individual or group.

Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

Intercept any communications transmitted by way of a telecommunications system.

Access or use this Services in such a way as to, or commit any act that imposes or is likely or calculated to impose an unreasonable or disproportionately large load on LIWE infrastructure.

Execute any form of network monitoring which will intercept data not intended for you.

Collect any information in respect of other users without their consent.

Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this Services without the prior express written permission of the LIWE and applicable third party.

Authorise or encourage anyone to do any of the foregoing.

User Account

Registering a user account and gaining access to Services is a following process.

Step 1: You would need to register a user account with LIWE (“Account”) you will be create a LIWE user ID and Password to access and use the User Account (“Login Credentials”).

Step 2: Using the App, you will apply to seek permission from your Management for approval in order to use certain parts of the Services unique to the Condominium that you are staying.

You are solely responsible for the proper use and confidentiality of your Login Credentials. You shall ensure that you have at all times full control of and over the use of all such Login Credentials. LIWE shall be entitled to treat all communications, transactions and other activities occurring under or referable to any such Login Credentials as having been carried out by you or on your behalf and with your knowledge and authority. LIWE shall not be liable for any losses, damage, costs, fees or expenses arising out of or in connection with any communication, transaction or activity carried out under or referable to any Login Credentials assigned to you.

You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user’s Account without their permission.

All User Accounts must be registered with a valid personal email address that you access regularly, so that, among other things, LIWE may communicate with you by email in respect of the management and administration of your User Account. Any User Accounts which have been registered with someone else’s email address or with temporary email addresses may be closed by LIWE without prior notice. LIWE may require users to re-validate their User Accounts from time to time in order to ensure that the User Accounts are still active and registered with a valid email address.

LIWE reserves the right to close any User Account if we believe that the user of the User Account is using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts

When you create an Account, you represent and warrant that:

If you are individual, you are at least 21 years of age.

If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.

You are capable of entering into and performing legally binding contracts under applicable law.

You are and will be legally, financially and morally responsible for all activities that occur under your User Account.

All information which you provide is accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your User Account profile.

You agree to provide your condominium management with such proof of identity and other documentary evidence as we may reasonably request or require in order to verify our records of your personal particulars.

If you are under 21 years of age, you may use the service when you are added by the principal user.

LIWE is a Community

The Services provide a community for users to interact with each other, and to buy, sell and rent items. LIWE does not pre-screen a user or the Content provided by a user, nor is LIWE directly involved in transactions between users. While LIWE will endeavour to monitor the content consequently, LIWE has no control over, and you agree that LIWE is not responsible or liable for, any of the following:

The quality, safety, morality or legality of any aspect of the comments and items listed.

The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

The true identity, age, nationality, or sense of humour of a user.

Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item or postings which a user has put up.

However, please exercise common sense and good judgment in your interactions with other users. While LIWE endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

User Content

The Services allow users to creating listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”). If you provide LIWE with any content, you grant us a fully-paid, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable right and licence to use, copy, modify, adapt, translate, publish and distribute world-wide any such content or material (subject to LIWE ’s Privacy Policy) by any means and in any media now known or to be developed in the future, for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

To the fullest extent permitted under applicable law, you agree not to assert any moral rights or other intellectual property rights in respect of any use of such content or material by LIWE or third parties authorised by LIWE.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

LIWE takes no responsibility and assumes no liability for any content or material provided by users of the Services. We are not obliged to monitor and review any such content or material. However, we reserve the right to censor, edit, remove or prohibit the transmission or receipt of any such content or material if we deem it inappropriate or in violation of these Terms of Service. During monitoring, the content or material may be examined, recorded or copied, and your use of this Service constitutes your consent to such monitoring, copying and review.

You acknowledge that LIWE does not pre-screen content uploaded by users. LIWE shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, LIWE shall have the right to remove Content in any of the following events:

If the Content is in breach of these Terms.

If LIWE has received a complaint or notice of infringement in respect of the Content.

If the Content is otherwise objectionable.

LIWE may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

Buying, Selling, Renting and Interacting With Other Users

In using the Services to create and/or comment on chatterbox, post a find a buddy listing, using the in-app chat function, create a listing for an item for sale or rent, you agree to comply with all items stipulated in this Terms of Service.

In using the Services to create a listing and an item for sale or rent, you further agree to comply with the following:

All items must comply with these Terms and LIWE ’s policies.

You must provide a fair, accurate and complete description of each item, including your price for the item.

Each item must have its own listing.

Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item.

All items must be listed in the appropriate category.

Without prejudice to the rest of these Terms and LIWE ’s policies, you warrant, in respect of each item which you offer for sale on the Services, that:

You are the owner of the item, and the item is not stolen.

The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.

The sale of the item complies with all laws and regulations which apply to that item.

The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.

There are certain items or services that are not allowed on LIWE at all. They may not necessarily be illegal, however, they aren’t in the spirit of LIWE . These include:

Drugs and drug paraphernalia

Adult & Mature Content

Pornography and adult material including, but not limited to, pornographic books, magazines, videos, pictures and sex enhancement products

Used undergarments and intimate items

Adult industry services and jobs, including escort services

Animal products

Live animals and insects

Items made from animals, including, but not limited to, endangered species and exotic animals

Human remains and body parts

Counterfeit Items and Replica Items

Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks

Weapons – Knives, Swords and Hand Weapons, unless used for non-lethal sports or display/dress-up purposes

Firearms, Imitation Firearms, Ammunition and Explosives, unless determined to be toy weapons/ammunition or used for sporting purposes

Others (e.g. Tasers)

Illegal Items or Encouraging Illegal Activity

Stolen or illegal goods

Items or listings that promote, support or seek to engage users in illegal activity

Medical & Healthcare Items

Health supplements

Contact lenses and other optometry products

Medicine, medicinal instruments and items with objectionable medical claims

Injectable health/cosmetic substances

Offensive

Materials Content that promotes, supports or glorifies acts of violence

Content that seeks to shame others and/or reveal personal information of others

Content that promotes, supports or glorifies hatred and seeks to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation

Consumable Items

Items that fall under any of the following are strictly prohibited:

Food containing prohibited substances, Food containing substances in excess of permitted proportions, Food unfit for human consumption,

For all other consumable items, they must adhere to all of the following criteria:

Product is sealed or packaged, Product has food label(s) with an ingredient list that is readable and accurate Expiration date is clearly printed and stated on the product packaging, Controlled goods that are affixed with the SAFETY Mar, Licensed medical and healthcare services,

Others,

Recalled items, Moneylender, services, promoting Multi-Level-Marketing programs, Get-Rich-Quick schemes, pyramid selling schemes and Commission-only scheme.

In communicating with a user through the Services for the purchase, sale or rental of an item (“Transaction”), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, as LIWE is not involved in Transactions which are considered solely between users, LIWE cannot ensure that a user (whether as a buyer, renter or seller) would follow through and complete a Transaction including the return of rented items and/or its condition upon return.

If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. LIWE is not under any obligation to resolve any dispute between users. You release LIWE from any claims, demands and damage arising out of your disputes with users of our Services.

Third Party Links, Products and Services

These Services may contain links to websites and other embedded apps which are not operated or managed by LIWE (“Other Sites/ apps”). All Other Sites/ apps are provided only for your information and convenience and not as an endorsement of any third party products or services. LIWE has no control over and does not accept or assume any responsibility for the Other Sites or for any third party products or services. Your use of any Other Sites or any third party products or services is entirely at your own risk.

Similarly, third party web sites may link or refer to this Services. Such links do not necessarily mean that we are associated or affiliated with or approve of the third party or its goods and services. Your reliance on any third party statements of association or affiliation with us or our approval is at your own risk.

The Services contains information of other businesses, other users of this Services and their respective products and services. All such information is provided only for your information and convenience and not as an endorsement of any businesses or other users of this Services or their respective products or services. You are solely responsible for verifying all information directly with the applicable businesses or other users of this Services before relying on such information.

If you decide to enter into any transaction with businesses or other users of this Services, it is your responsibility to check the background of that party, including their terms of Service, types of service provides, place of origin, their address, mode of payment, and any other matters that are important to you.

You acknowledge that LIWE is not the manufacturer or supplier of any of the products or services displayed or advertised on this Services. Instead, LIWE merely provides an electronic platform in which you may contact and arrange transactions with suppliers of the products and/or services (each a “Business”) or other users of this Services. LIWE is not a party to any transactions or communications between you and any businesses or other users of this Services. LIWE has no control over and does not guarantee the quality, safety or legality of the products or services of any businesses or other users of this Services, the ability of any businesses or other users of this Services to sell any item or fulfil any order, the truth or accuracy of any information provided by businesses or other users of this Services, or that the businesses or other users of this Services will actually complete a transaction.

If you have a dispute with any businesses or other users of this Services, you agree that you shall have no recourse against LIWE (or any of our officers, directors, agents, subsidiaries, joint ventures and employees) in respect of such dispute and you hereby release LIWE from any and all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes.

LIWE is not responsible and assumes no liability whatsoever, and you shall not hold LIWE responsible or liable for the acts or omissions of any businesses or other users of this Services or any dealings whatsoever between you and a businesses or other users of these Services, whether or not such dealings have been facilitated by LIWE or conducting on or through this Website or App.

Payment

LIWE uses third party payment gateway (the “Payment Gateway”) to verify identity, secure and protect your credit card information and process payments made by means of this Services.

All facilities booking fee, deposits and online forms application fees (“Condo Service Payments”), goes to the management payment account.

You undertake not to use the Payment Service in an unlawful or fraudulent manner. In particular, you shall not make any online payment using a credit card or payment instrument other than your own or without the prior consent of the lawful holder thereof.

You agree to cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

You shall be responsible to resolve any disputes with your credit card company on your own.

Without prejudice to the other provisions of these Terms of Service, LIWE shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. LIWE also shall not be responsible if any credit card or other information provided is incorrect or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond our control.

LIWE will not entertain any requests for payment errors, payment in excess and refund of payments made.

LIWE reserves the right, at our sole discretion, without prior notice and without liability to any person, to reject any order or purchase without assigning any reason.

Privacy

Your privacy is very important to us at LIWE and we have provided the LIWE Privacy Policy, which can be found at www.LIWE communities.com to explain our privacy practices. Please review the Privacy Policy to understand how LIWE collects, uses and discloses information collected and received from you.

Intellectual Property

The intellectual property rights in these Services, including all of its information content, databases, compilations, designs, text, graphics, photos, videos, music, sound, and their selection and arrangement, and all software (including applets and scripts and underlying source code), vest solely in we live communities pvt. Ltd. All rights are reserved exclusively to we live communities pvt. Ltd. You acknowledge and agree that you have no right, title or interest in any such intellectual property.

All rights (including goodwill) in the LIWE name and trademark are owned by LIWE or our licensors. Any other product, service or company names and trademarks which may appear on this Services are the names and trademarks of their respective owners.

Our Services may, from time to time, contain links to external sites or resources which are operated by third parties. We have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

Reporting Unauthorised Content

LIWE respects the privacy, rights to a safe online environment and intellectual property rights of others and we expect the same of our users.

If you would like to report any abuse or violation to the Service Terms of Service and/or Privacy Policy, you may contact us via info@LIWE communities.com

LIWE reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

Suspension and Termination

You may stop using your Account at any time by logging out through the “Settings” section of your Account.

LIWE reserves the right to, at its sole discretion, and without liability:

Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.

Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

You acknowledge and agree that if you stop using your Account or if we suspend or terminate your Account, you may lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and secretion.

LIWE does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and LIWE ’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). LIWE is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from LIWE or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that LIWE has no obligation to support or maintain the Services.

LIWE disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. LIWE is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL LIWE OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR

OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LIWE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIWE ’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL ORLESS THAN US$ ONE 1 EQUIVALENT (US$1.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure

LIWE shall not be liable for any failure to perform any obligations under these Terms of Service if such failure results from causes beyond its reasonable control, including without limitation acts of God, civil or military authority, civil disturbance, wars, strikes, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, riot, failure of any telecommunications or computer system, requirement of any applicable law, accident (or by any damage caused by any of such events).

Amendment of These Terms of Service

LIWE may amend these Terms of Service at any time by posting the amended terms on this Website or App, and all amended terms shall be effective immediately after they are posted. No amendment of these Terms of Service by you shall be binding on LIWE unless it was made in writing and signed by you and LIWE.

Indemnity

You will indemnify and hold harmless LIWE , its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

Compatibility

LIWE does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that LIWE and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

Miscellaneous

You and LIWE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by LIWE to exercise a right or require performance of an obligation in these Terms shall not affect LIWE ’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and LIWE and supersedes all prior or contemporaneous understandings and/or agreements between you and LIWE.

Governing Law and Jurisdiction

You hereby agree that the laws of Democratic Socialist Republic of Sri Lanka (DSRSL) shall govern this Terms and that the courts of DSRSL shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. The jurisdiction will differ from country to country where LIWE will operate in future.