Wyngate is focused on investing in innovation with social impact
We believe that a sustainable business enterprise with a social objective is a preferred choice over charity.
We bring extensive technology experience, entrepreneurial enthusiasm and mature business insights.
Managing partners invest their own capital in the ventures they back.
Gandhi General Insurance Limited is Wyngate's focus to establish a formidable general insurance company in the coming decade.
→ Bringing fresh capital into the Indian insurance industry→ Introducing new and innovative approaches in the cost of insurance with effective utilization of new age technology
Ecube Advisors is Wyngate's investment in ESG focused platform.
→ Transforming the Climate and Environment, Social and Governance (ESG) landscape in India→ To accelerate the growth of ESG and Climate Change related investments with innovative solutions for debt and equity
Polybase, L2 blockchain for Corporates and Financial Institutions
→ The future of blockchain is privacy. Polybase is a public L2 blockchain with private transactions powered by ZK proofs→ A decentralized database for web3 apps
Moback provides Digital Business and Software Development services
→ Digital Business, AI and Data Science, and Enterprise Platform development→ AR / VR tools for Autonomous Vehicles & Robotics
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We collect both personal information and non-personal information from you through our products, services, and websites, from third parties, and from offline communications.“Personal information” is information that personally identifies you and allows us to contact you on or offline, such as your name, email address, postal address, telephone numbers, fax numbers, account numbers, and financial information.“Non-personal information” is information that does not identify you as a specific person or allow us to contact you, such as demographic information (geographic location, profession, language preference), technical information (browser, operating system, Internet navigation data), and other similar categories of information.Collection of Information
Information you provide to us. We receive personal and non-personal information from you when you create an account; create login credentials; email, call, or send us postal mail; submit any webform on our website; interact with us through social media platforms; download, activate or access a product or service; or submit a support request.Website Usage Data: We may process data about your use of our website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analyzing and improving our website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.Product Usage Data: We may process data about your use of our products. The usage data may include your length of use, frequency of use, feature selection, file size, file type, and product tier, as well as information about the patterns of your use. We use third party analytics services such as Unity3D Analytics to help us analyze how users use the product and enhance your experience. Where required by applicable law, the basis for this processing is consent.Account Data: We may process your account data. The data may include your name, email address, industry, company name, location, and your access to hardware. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.Enquiry Data: We may process information contained in any enquiry you submit to us regarding goods and/or services. The enquiry data may be processed for the purposes of offering, marketing, supporting, and selling relevant goods and/or services to you. The legal basis for this processing is consent.Customer Relationship Data: We may process information relating to our customer relationships, including customer contact information. The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.Transaction Data: We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website. The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website, products, and business.Notification Data: We may process information that you provide to us for the purpose of subscribing to our email notifications, newsletters, and/or product education campaigns. The notification data may be processed for the purposes of sending you the relevant notifications, articles, tips, and/or newsletters. Where required by applicable law, the basis for this processing is consent.Supplemental information. We may supplement personal information you provide to us or that we collect from you with information from third-party sources that we deem credible. These may include ZoomInfo (https://www.zoominfo.com/about-zoominfo/privacy-center), and Hubspot (https://legal.hubspot.com/privacy-policy). This usage data may be processed to ensure our records are accurate, to personalize our marketing efforts or to customize or enhance products or services offered to you. Where required by applicable law, the basis for this processing is consent.Cookies and other automatic data collection tools. When you access our websites and services through a browser, application, or other client, or when you communicate with us through e-mail or webforms, our servers automatically collect and record certain information. These tools help make your visit to our website easier and more efficient by recognizing you when you return and providing you with a customized experience. Wyngate and its service providers may use automatic data collection tools such as cookies, embedded web links, and other technologies to collect information. These data collection tools collect standard information from your browser such as browser type, browser language, and the website address you came from when you visited our website. They may also collect information about your Internet Protocol (IP) address, navigation data (such as the pages you view and the links you click), and the date and time of your visit or request. You can read the full policy on our websites.Payment Information. We use a third-party payment processor, Stripe, to handle all payments made by you. Wyngate does not collect, store or process credit card information. Like all third-party service providers, our payment processor vendor is independently responsible for the personal information you share and while Wyngate has chosen partners with trusted security and compliance practices, we cannot guarantee that our payment processor will be error-free. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/us/privacy/.Children's Privacy. We do not knowingly collect any personal information from children aged 12 years old and under. In some jurisdictions, notification, prior written permission or other verifiable parental consent may be required of a parent or guardian for children from 13 to 17 years of age to provide information to us.Use of Information and ContentWe may use your personal information in the following ways:to deliver a product or service you have requested.to contact you.to provide you with product registration, activation, and customer support.to allow you to create an account and log-in credentials, personal profiles and upload or share Content.to conduct surveys in order to provide better products and services to you.to send you information about Wyngate, our products and services, targeted marketing, and promotional offers, subject to your communication choices.to send you information from other companies about their products and services, subject to your communication choices.to send you operational communications, product or service notices communicating actions you should take regarding a product or service.to allow you to use a “tell a friend,” “forward to a friend,” or similar features that forward information you select to another individual. Note that if you invite or are invited to use Prospect, Wyngate typically stores all invitee contact name and email address, however in all cases Wyngate will use referral email address and contact name (if applicable) for the sole purpose of sending a onetime email on your behalf.to customize and improve our products, services, content, and marketing.to personalize your overall experience with Wyngate, our websites, products, and services.to ensure the use of our products and services is licensed and in compliance with applicable law.to send push notifications to your mobile device to communicate with you about our service. You can choose to disable such notifications via the settings in the app at your discretion.for any related purpose that you would reasonably expect, such as general administrative functions.We may aggregate personal information in a manner that makes it non-personal information, removing portions of the information that identify you as a specific person. For example, we may aggregate the zip code information of our customers to better understand the usage of our products and services. We may use aggregated or other non-personal information for any purpose, including sharing it with third parties. If we combine personal information with non-personal information, we treat the combined information as personal information.Security
It is our policy to protect your Content and personal information against unauthorized access or release. However, we cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to us you do at your own risk. We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. If you do share your password or personal information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately notify Wyngate at support@Wyngate.com and change your password.In addition, we have procedures that limit Wyngate’s employees and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to such information. Our Corporate Data Protection Policy lays out strict requirements for processing personal data pertaining to customers, prospects, business partners and employees. It meets the requirements of the European Data Protection Directive and ensures compliance with the principles of national and international data protection laws in force all over the world.Sharing of Personal Information and Content
Retention and deletion of Content and personal
We may offer links to third party sites or provide social media features through our products, services, and websites that allow you to share information with your social networks and to interact with Wyngate on social media platforms. Your use of these other sites and platforms may enable them to collect data from you and place their own files on your computer (including cookies and other data collection technologies). Wyngate does not control third party sites and is not responsible for the privacy practices of third parties. You should review the privacy policies and settings of all websites or services that you visit.Preferences, choices, and rights
You can contact us via email at firstname.lastname@example.org. Please include your contact information, the name of the Wyngate website, product, communication, or other service about which you are contacting us, and a detailed description of your specific request. We will comply with your request as soon as reasonably practicable.Our Data Protection Officer can be reached at email@example.com.
Terms of Service
You are allowed to access many areas of the Site without registering your details with the Site or the Service. To access certain areas of the Site, and to use the Service, you must register with us through the designated method. Each registration is for a single user only. You may not share your username and password with any other person or persons.Account Security
All activities that take place under your account are entirely your responsibility and for maintaining the confidentiality of your username(s), password(s), and your account(s). You hereby agree to promptly notify us via email at https://www.WYNGATE.com/contact (https://www.WYNGATE.com/contact) of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site or Service. In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session. We are not liable for any loss that you may incur as a result of any unauthorized use of your account and password.Account Information
You understand and hereby acknowledge that you have no ownership rights in your account, and that if you cancel your account (or your account is terminated by us in accordance with this Agreement), we may delete and remove all of your account information from any public area of the Site and from the Service, including but not limited to any application data stored on our servers, including cloud servers. Information may continue to be stored on our servers or retained by third parties as cached copies for the convenience of those entities, but will not be accessible to you after termination of your account.FEES AND PAYMENTGeneral Terms
Optional paid services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay WYNGATE the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.Automatic Renewal
Unless you notify WYNGATE before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard. Cancellations will take effect at the end of the billing period in which you request account closure.Account Usage Limitations
The WYNGATE plans are designed to help you start small, and scale quickly as your app usage grows. Industry standard limits for API calls and push notifications apply. If additional levels of usage limits are required, users may contact us for a custom plan. These limitations are not designed to limit your innovation or complexity of app development. The limits help us contain our costs, and ensure that the platform remains stable for all users in the WYNGATE community.If you do not pay the fees, including the case of failure of electronic withdrawal, we may suspend or terminate your use of the Service. Also, if you fail to pay the fees due and payable, including the case of failure of electronic withdrawal, you shall be liable for payment of a default penalty at the rate of 14.6% per annum or the highest rate permitted by the applicable governing law, whichever is the lower, on all late payments. To the fullest extent permitted by law, you hereby agree that no refund is available and that even if we refund at our own discretion, such refund will only be in the form of credit for the Service.PERSONAL INFORMATIONAccuracy of Information
You hereby agree to provide and maintain true, accurate,current, and complete information about you and your company, where applicable, as prompted by our registration processes or as required for the use of the Site or Service, or any portion thereof. You hereby acknowledge that, if you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend terminate your account and refuse any and all current or future use of the Site or Service.Use of Your Information
The term “Site Information” means all information, text, pictures, sound, graphics, scripts, photos, software, designs, design rights, video, data, sounds, music, interactive features, content and the like that is displayed on the Site or Service and any and all other proprietary rights contained therein, including, without limitation, the trademarks, service marks, logos, patent rights, copy rights, other proprietary material, marks or rights, know-how, concept, methods, techniques, ideas and all other intellectual property rights and rights of a similar nature whether registered or capable of registration. Site Information does not include the content generated by the Developer (the “Developer Generated Content”).Ownership
You hereby expressly acknowledge that we or our licensors own all legal right, title and interest in the Site Information. We reserve all rights not expressly granted in and to the Site, Service and Site Information.Reservation of Rights
Any rights not expressly granted in these terms are reserved.DEVELOPER -GENERATED CONTENTUser Policy
You shall also be solely responsible for any Developer Generated Content you submit and the consequences of posting or publishing such information. With respect to any User Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant us all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site or Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site or Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other Users, other Developers or users who use applications hosted on our servers (the “End Users”).Removal of Content
We reserve the right to refuse or remove any Developer Generated Content from the Site or Service that we reasonably consider to violate this Agreement or otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any Developer Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials.Site Monitoring
You hereby acknowledge and agree that we have the right, but not the obligation, to monitor the Site or Service, the Site Information and any Developer-Generated Content that you or any third party transmit or post, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site or Service properly, to protect ourselves, our sponsors, other Users, other Developers, and End Users, and to comply with legal obligations or governmental requests. We also reserve the right to, without advance notice, suspend, block or deny any User or Developer access to the Site, Service or Site Information when in our sole discretion we believe the Developer has violated any of the terms of this Agreement.CODE OF CONDUCT; IMPROPER USE OF SITE OR SERVICEUse of the Site OR Service
While using the Site or Service (this includes Developer Generated Content), you will not, and will not induce any third party to: (i) use the Site, Service or any of the Site Information in a way that is unlawful, brings harm to us, any other User, any other Developer or End User, or otherwise violates the rights of any party; (ii) use the Site, Service or any of the Site Information in a way that could overburden, or impair the Site or Service (or the networks or systems connected to such); (iii) attempt to disable or circumvent any security mechanisms used by the Site, Service or Site Information, or otherwise attempt to gain unauthorized access to any portion or feature of the Site, Service or Site Information or any other systems or networks connected to the Site or Service, or to any server of us or our third party service providers, by hacking, password “mining”, or any other illegal means; (iv) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site, Service or Site Information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service, or with any other person’s use of the Site or Service; (vi) breach any security measures implemented on the Site or Service or in the Site Information; (vii) track or seek to trace any information on any other person who visits the Site or uses the Service; (viii) use the Site, Service or Site Information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Site, Service or Site Information, or otherwise made available to you in connection with the Site, Service or Site Information; or (x) use the Site, Service or Site Information in any manner that otherwise violates this Agreement.Intellectual Property Rights
As WYNGATE asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to WYNGATE violates your copyright, you are encouraged to notify WYNGATE in accordance with WYNGATE’s Digital Millennium Copyright Act (“DMCA”) Policy. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Users or Developers who repeatedly infringe the copyrights or other intellectual property rights of WYNGATE or others.Cooperation with Law Enforcement
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who uses the Site or Service in violation of any applicable laws or this Agreement.
COPYRIGHT INFRINGEMENT AND DMCA POLICYNotice of Infringement
If you are a copyright owner or an agent thereof and believe any Site Information or Developer-Generated Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Copyright Agent
Our Designated Copyright Agent to receive notifications of claimed infringement is: WYNGATE Copyright Agent legal@WYNGATE.com (mailto: legal@WYNGATE.com) 226 Airport Parkway, STE 320, San Jose, CA 95110, USA. Please send only DMCA notices to our Designated Copyright Agent. If you fail to comply with all of the above requirements of this Section 8, your DMCA notice may not be valid.AVAILABILITYNo Guarantee
While we endeavor to ensure that the Site and Service continue to be available, we cannot guarantee that the Site or Service will operate or be available without any uninterrupted manner. We shall not be liable if for any reason the Site or Service is unavailable at any time or for any period for any reason.Downtime or Outage.
Access to the Site or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 9.3 Reporting Errors. You may report Site problems and errors by email to https://www.WYNGATE.com/contact-us (https://www.WYNGATE.com/contact-us).LINKS TO THIRD- PARTY WEBSITESLinks to third -party websites
Links to third party websites on the Site or Service are provided solely for the convenience of its users. If you use these links, you leave the Site or Service and may be subject to the terms and conditions of the third party websites. These third party websites have not been reviewed and we are neither control it nor are responsible for these websites, their content or availability. We do not endorse or make any representations about, any material or content found within or any results that may be obtained by using them. If you decide to access any of the third party websites linked to the Site or Service, you do so entirely at your own risk.REGULATORY AND LEGAL COMPLIANCEYou shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site or Service. WYNGATE reserves the right to terminate your account and to prevent your use of the Site or Service if your account is used to engage in illegal activity or to violate this Agreement.Export Laws
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES WILL THE WYNGATE PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES THEREIN, EVEN IF A WYNGATE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A WYNGATE PARTY IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, OR ANY CONTENT OR SERVICES THEREIN, THE RELEVANT WYNGATE PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SITE, SERVICE AND ANY CONTENT THEREIN; OR (B) THE SUM OF ONE HUNDRED US DOLLARS (USD $100).To the maximum extent permitted by law, under no circumstances will we be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any third party hyperlinked sites. Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, our liability for such damages with respect to the Site and Service will be limited to the greatest extent permitted by applicable law in such jurisdiction.INDEMNITYYou agree to indemnify, defend and hold harmless, WYNGATE, our affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorneys fees, arising from or in connection with your violation of this Agreement and your use of the site or Service. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.RIGHT OF ACCESSIn order to use the Site or Service you must be at least 13 years of age or older. You affirm that you are either: (a) at the age of majority under the applicable law and are fully able and competent to enter into and comply with the terms and conditions of this Agreement; or (b) if you are at the age of minor under the applicable law but at least 13 years old, that you have your parent’s permission to enter into this Agreement and are fully able to comply with the terms and conditions of this Agreement.TERMINATIONYou agree that we, in our sole discretion, may terminate your use of the Site or Service, and remove and discard your Developer-Generated Content, for any reason, if we believe that you have or may have violated or acted inconsistently with the letter and spirit of this Agreement. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Service, under any provision of this Agreement, may be effected without prior notice to you, and acknowledge and agree that we may bar any further access to the Site or Service. Further, you agree that we shall not be liable to you or any third-party for any termination of access to the Site or Service. In the event that we discontinue the Site or Service, we may, at our sole discretion, either (i) continue to provide to you the Service for the have already paid, or (ii) provide you with a refund on a pro-rata basis.LIMITED TIME TO BRING CLAIMWhere permitted by law, you and we agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.ENTIRE AGREEMENT, NOTICE, WAIVER, AND SEVERABILITY.This Agreement constitutes the entire agreement between you and WYNGATE with respect to the subject matter contained herein and supersedes all prior agreements between you and us regarding the subject matter contained herein. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, agency or other like relationship between you and us or any of the WYNGATE Parties. The failure of us to insist upon performance of any of the terms and conditions of this Agreement, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Agreement. Any waiver must be in writing and signed by us.JURISDICTION, VENUE: WAIVER OF JURY TRIALThis Agreement and all claims or issues regarding the Site or Service shall be governed according to the laws of (i) the State of California, in the USA, if the server mainly used for the Service which is designated by subscribers to the Service upon subscription and accepted by us (the “Designated Server”) is located in the USA. Any disputes that may arise concerning the formation, interpretation or performance of this Agreement shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce in force on the date, in California, the USA, if the Designated Server is located in the USA and you are a US citizen or a US entity. If the above arbitration clause is not enforceable, except in those cases where contractual attribution of jurisdiction is not enforceable on the User or Developer as a consumer, any disputes that may arise concerning the formation, interpretation or performance of this Agreement, shall be brought in the courts of California, the USA, if the Designated Server is located in the United States and you are a US citizen or a US entity, TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT WHICH ARE NOT RESOLVED BY ARBITRATION.CONTACT USAny questions or comments about the Site or Service should be directed to us at our contact us link (http://www.WYNGATE.com/contact).
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