Welcome to Audioversity!

Last updated: 2022-11-29

Please read the terms and conditions carefully before registering, accessing or using the Audioversity Services offered through the Audioversity App (defined below). These terms and conditions are a legal contract ("Terms of Use") between You and Liberty Wireless Pte Ltd (“Audioversity”) having its registered office at 221 Henderson Building Singapore, 159 557. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you are not entitled to the Audioversity Services and/or immediately terminate the Services and/or uninstall the Audioversity App.

1. Definitions

“Audioversity”, “We”, “Us”, “Our” means Audioversity and the associated entities.
“You”, “Yours”, “Yourself”, “User” means any prospective user, or registered user of Audioversity app, including but not limited to customers and Audioversity.
“Audioversity App” means mobile application(s), hosted by Audioversity for providing services to the Users, and Audioversity.
“Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms.
“MVP” or Minimum Viable Product stands for the current version of the application being used by the users which shall be launched in India. Audioversity is a test application with minimal features. This application does not entail a commitment that a full-fledged application would be launched. This application is not for commercial use.

2. Your Use of Audioversity

You agree that:

Unless otherwise permitted by Audioversity in writing, You are only entitled to one account at any point in time during your use of the Audioversity App.
Your use of the App shall not violate any applicable law or regulation.
Your use of the Audioversity App, and Audioversity Platforms shall be only for personal purposes.
All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
You are responsible for all activity that occurs under your account.
You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Audioversity of any unauthorized use of your passcode or account or any other breach of security.
You agree that you are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your Audioversity App, (ii) permit them to transact on Your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Audioversity App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the Audioversity App in any manner that (i) may be harmful to the operation of the Audioversity App or its content; (ii) may be unlawful; (iii) maybe harmful to Audioversity or to any other User; (iv) may hinder the other User’s enjoyment of the Audioversity App; or (v) to defraud other Users, Audioversity or any.
You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Audioversity App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Audioversity App.
You shall not delete or modify any content of the Audioversity App.
Your use of the Audioversity App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Audioversity Services. Please note that your continued use of the Audioversity App following such Updates would mean deemed acceptance by you of the same.
You understand and accept that not all products, services and rewards offered on the Audioversity App are available for your use. Audioversity reserves the right to determine the availability and eligibility for any product, services and rewards offered on the Audioversity App or any Audioversity Platform.
You shall request Audioversity, to block the Account and change the passcode immediately for the account, if your device has been lost or stolen.
You agree that you are residing in, India, otherwise you are not eligible to use the application.
You acknowledge that this application is an MVP and not for commercial use

Supplemental Terms and delivery of services through Audioversity

You agree and acknowledge that several features including but not limited to social feed, micro gifting, reward coins and rewards games, are subject to certain supplemental Terms of Use as shall be communicated from time to time. Your usage of any features that have a set of Supplemental Terms of Use is deemed to be acceptance of the said Supplemental Terms of Use. You further agree that any Audioversity Services may be provided to You directly by Audioversity.

4. Violation of Terms of Use / Suspicious Activity

If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, Supplemental Terms applicable to certain services or any agreements consented to via the Audioversity App, we reserve the right to suspend your access to the Audioversity App and/or delete your account without prior notice to You. If We have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the Audioversity Services. If we suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that purports to artificially increase (or decrease) your transaction volume or usage of the App (for example: use multiple accounts to increase the chances of winning the rewards); (iv) that is designed to deliberately side step fair use restrictions; (v) that may result in you gaining an undue, unfair or unethical advantage over other Users; (vi) that is intended to cause losses or other harm to Audioversity, Audioversity reserves the right to reverse the relevant transaction, suspend the account or restrict you from using the App in its entirety or any specific feature(s) thereof. You may reach out to the Audioversity support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.

5. Termination / Deletion of Your Account

You may end your legal agreement with Audioversity at any time by deactivating your account and discontinuing the use of the Audioversity Services. We provide all our Users an option through which a User may request archive of a specific card stored on his/her account or deletion/deactivation of the complete account through the support section on the Audioversity App.
Following a request for deletion, or termination of account by Audioversity, We consider the agreement to be terminated and take appropriate steps including but not limited to remove all your personal data/records from our server. Provided however, Audioversity may continue to maintain transaction records for record keeping purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account. Audioversity may continue to retain a record of your transactions made on the Audioversity App for regulatory and archival purposes.

6. Fees

You are responsible for any fees that may be applicable to certain transactions or use of the Audioversity App; where you will be notified of such applicable fees.. The rules would be clearly defined before each activity.

7. Reward Points

Audioversity offers its users reward points in various forms for their regular and continuous use of the Audioversity App. These loyalty points are provided for performing various actions on the Audioversity App. Each user who joins the MVP is awarded reward coins(“Audioversity Coins” or “Coins”). The user would be eligible to redeem these rewards coins in case he fulfills certain eligibility criteria (As shall be communicated). In case the users fail to redeem to rewards in the stipulated time (As shall be communicated), the Audioversity coins shall be forfeited. Those coins will not be usable in any future versions of Audioversity application which shall be issued post the end of MVP. The users can use the coins for various in-game activities like games for rewards, micro gifting etc. The rules of games would be predefined. Users can purchase the rewards coins to be used in the application. The eligible users at the end of the experiment will receive Gift cards basis the reward points collected by them
Audioversity reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to the User’s activities. Further, Audioversity reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any loyalty points. Audioversity also reserves the right to discontinue or change or issue any new form of loyalty points offered at any time, at its sole discretion. Audioversity may also at its discretion specify an expiry period for the Audioversity Coin.

8. Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the Audioversity Services may be shared with our subsidiaries, afﬁliates or partners, and/ or used by us for enhancing the Audioversity Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

9. Disclaimer

The Audioversity Services, including all content, software, functions, material, and information made available or accessible through the Audioversity Platform are provided “as is”. Audioversity, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.
Audioversity does not warrant that the functions contained in content, information and materials on the Audioversity App, including, without limitation any third-party sites or services linked to the Audioversity App or any Audioversity Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Audioversity App or the servers that make such content, information, and materials available are free of viruses or other harmful components.
Audioversity cannot assure that Audioversity or other Users are or will be complying with the foregoing Terms of Use or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other User. You should ensure that you have undertaken adequate due diligence prior to transferring payments for payment transactions to be done for the Audioversity App.

10. Limitation of Liability

In no event shall Audioversity, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Audioversity has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Audioversity Platforms,or Audioversity App.
In no event shall Audioversity and Audioversity Group Entities’ total cumulative liability to You in connection with the Audioversity Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the Audioversity App and Audioversity Platforms or arising from these Terms of Use exceed SGD10 (10 Singapore Dollars).

11. Indemnity

You agree to defend, indemnify and hold harmless Audioversity, its officers, owners, directors, employees and agents, partners, and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

your use of and access to the Audioversity App;
your violation / breach of any of these Terms of Use;
your violation of any third party right, including any intellectual property right or privacy right;
the committing of any of the prohibited activities as stated herein;
your failure to be in compliance with applicable law, including tax laws and cyber security laws; or
any claim that your use of the Audioversity App caused damage to a third party.

12. Disputes & Arbitration

Your access and/or use of the Services are subject to compliance with these Audioversity Terms and Conditions and shall be governed by and construed in accordance with the laws of Singapore. You hereby agree that all claims and disputes relating to or arising from the Agreement, including any question regarding the existence, validity or termination of the Agreement shall be resolved in the following manner:

By referring such dispute to the Small Claims Tribunal, if the dispute falls within the jurisdiction of the Small Claims Tribunal
If agreed by you and Liberty Wireless, by jointly referring such dispute to and finally resolving such dispute by arbitration at the Singapore International Arbitration Centre. Such arbitration shall be conducted in accordance with the Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference into this Clause except as such SIAC Rules conflict with the provisions of this Clause, in which event the provision of this Clause shall prevail. Any arbitration commenced pursuant to this Clause shall be conducted by one (1) arbitrator nominated jointly by Audioversity (Liberty Wireless) and you, or failing such joint nomination, by the Chairman for the time being of the Singapore International Arbitration Centre. The language to be used and all written documents provided in any such arbitration shall be in English. Nothing in this Clause shall preclude Liberty Wireless from applying for urgent interlocutory relief from any court of competent jurisdiction. You agree that any arbitration award made pursuant to any arbitration commenced pursuant to this Clause may be enforced by Audioversity against your assets wherever those assets are located or may be found, and a judgment upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, you expressly submit to the jurisdiction of any such court or

13. Use and Protection of Intellectual Property Rights

Audioversity App belongs to Liberty Wireless Pte Ltd . No information, content or material from the Audioversity App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the Audioversity App, subject to your agreement of these Terms of Use.
Audioversity, if any, are the sole owners of the underlying software and source code associated with the Audioversity App and Audioversity Platforms as well as any other intellectual property rights of any other nature associated with the Audioversity App, Audioversity Platforms and their content.
When you upload, submit, store, send or receive content that may include feedback to or through the Audioversity App, you give Audioversity perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by Audioversity. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Audioversity Services, and to develop new ones. This licence continues even if you stop using the Audioversity Services.

14. Assignment

You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use.
You agree and acknowledge that Audioversity may assign or transfer its rights and obligations under these Terms of Use in whole or in part, to (i) any other Audioversity related entity; (ii) an acquirer of Audioversity or any Audioversity related entity or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

15. General

No joint venture, partnership, employment or agency relationship exists between you, Audioversity, Audioversity related entities or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, Audioversity shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the Audioversity App or Audioversity Website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

16. Updation

We may amend these Terms of Use at any time by posting an updated version on the Audioversity Application. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the Audioversity App. However, please be aware that your continued use of the Audioversity Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof. We recommend you to keep checking the Terms of Use often to be familiar with any updates and changes.

17. Contact Us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer support within the Audioversity App, on Audioversity’s official social media channels, or the Grievance Officer any time at:
Name: Raunak Bhiwal
Email: raunak.bhiwal@circles.asia