Terms of Service For Website
These Terms of Service constitute an agreement (this "Agreement") for the provision of Lead capturing and affiliate
management services by Vcanlead, a company based in Bengaluru, India ("Vcanlead") and any person
or entity opening an online account with Vcanlead ("Customer") as specified in the information provided by Customer
to Vcanlead in the online registration form. This Agreement is effective as of the date Customer clicks "Accepted
and Agreed To" or a similar button in the process of opening an online account with Vcanlead (the "Effective Date").
Customer’s use of and Vcanlead's provision of the Cloud Services and Vcanlead System (each as defined below) are
governed by this Agreement.
- Definitions
The following capitalized terms shall have the following meanings whenever used in this Agreement.
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- "Affiliate" means an individual or business entity generating its own traffic and thus rewarded by a
respective Merchant with whom such Affiliate has a contractual relationship for qualified sales,
leads, clicks, or other measurable action registered by Merchant on Merchant's Website or other
business tool or their Vcanlead.
- "Affiliate Sales Revenue" means the total amount of the proceeds received from the sale of products
or services by Customer acting as a Merchant and generated by Merchant’s Affiliates as tracked back
to Customer in the System. Such amount shall be net of the amounts with respect to any and all
sales, property, use, value-added and similar taxes and discounts.
- "Aggregate Data" has the meaning ascribed to it in Section 4.7 hereof.
- "Confidential Information" has the meaning ascribed to it in Section.
- "Customer Data" means data in electronic form input or collected through the System by or from
Customer, including without limitation by Customer’s Users.
- "Customer Order" means an order for access to the System entered by Customer through Vcanlead's
online registration process on the Website and acknowledged by such Customer through a
click-to-agree online process.
- Customization Fees" has the meaning ascribed to it in Section 3.1 hereof.
- Customization Services" means certain customized services, other than Cloud Services, provided by
Vcanlead to Customer pursuant to the Customization Services Addendum.
- "Customization Services Addendum" means the optional agreement governing the provision of
Customization Services to Customer.
- "Documentation" means Vcanlead's standard manual related to use of the System, as Ill as any
additional documentation provided to Customer in connection with this Agreement.
- "Excluded Data" has the meaning ascribed to it in Section 4.6 hereof.
- "Feedback" has the meaning ascribed to it in Section 6.2 hereof.
- "Merchant" means a business entity paying a commission, referral fee or similar compensation to an
Affiliate for qualified sales, leads, clicks, or other measurable action by a visitor generated or
referred to by such Affiliate to the Merchant’s Website or their Vcanlead account.
- "Privacy Policy" means Vcanlead's privacy policy, currently posted at https://www.vcanlead.com/privacy-policy.
- "Statement of Work" means the statement of work executed by Customer and Vcanlead pursuant to the
Customization Services Addendum.
- "Subscription Fees" has the meaning ascribed to it in Setion 3.1 thereof.
- "System" means Vcanlead's proprietary online platform designed for building and sharing software,
SaaS and mobile application integrations for the Cloud Services, using the visual workflow editor or
any major programming language.
- "Term" is defined in Section 11.1 below.
- "User" means any individual who uses the System on Customer's behalf or through Customer's account
or passwords, whether authorized or not.
- "Website" means the Website owned and operated by Vcanlead at https://www.vcanlead.com.
- The System
The following capitalized terms shall have the following meanings whenever used in this Agreement.
-
- Use of the System. During the Term and provided that this Agreement has not been terminated by
either party, and in consideration of the payment of the applicable Fees, Customer may access the
System for the purpose of using Cloud Services pursuant and subject to: (a) the terms of any
outstanding Customer Order, including such features and functions as the Customer Order provides and
any limitations on the number of Users, data volume and capacity as the Customer Order imposes; and
(b) Vcanlead’s other policies posted on its Website at , as such policies may be updated
from time to time.
- Documentation. Customer may reproduce and use the Documentation solely as necessary to support
Users' use of the System.
- System Revisions. Vcanlead may revise System and Cloud Services features and functions at any time,
including without limitation by removing such features and functions. If any such revision to the
System or Cloud Services materially reduces features or functionality provided pursuant to a
Customer Order, Customer may within 30 days of notice of the revision terminate such Customer Order,
without cause, or terminate this Agreement without cause if such Customer Order is the only one
outstanding.
- Fees
- Fees. Customer shall pay Vcanlead the fees for the access to the System and use of the Cloud
Services ("Subscription Fees") in accordance with the schedule of Fees which are posted on the
Website for the relevant System Service from time to time or as specified in the Customer Order, and
the fees for optional Customization Services ("Customization Fees"), if applicable, as specified in
the Statement of Work executed by Customer and Vcanlead under the optional Customization Services
Addendum (Subscription Fees and Customization Fees together, the "Fees") during each Term. Fees are
dependent on the length of the Term, number of Users, Affiliates or Affiliate transactions and
payments, data volume and such other capacity limitations as may be stated in the schedule of
Subscription Fees on the Website or in the Customer Form, if applicable.
- Payment of Fees. Customer authorizes Vcanlead to charge an amount equal to the amount of the Fees as
provided in Section 3.1 hereof whenever it is due (unless the relevant Customer Order provides
otherwise) and, if the Customization Services Addendum is elected, the amount of the Customization
Fees (on such dates as the Statement of Work provides), and any additional amounts as permitted by
this Agreement, to the credit card and/or bank account specified in the Customer Order in advance of
provision of services to Customer by means of automatic debit or credit card charge for the duration
of each Term. Customer hereby agrees to keep such valid credit card and/or bank account in effect
with sufficient credit limit to enable Vcanlead to charge the Fees every month, quarter or other
period of each Term, as applicable, and not to challenge such charges or to request reversal of such
charges. Vcanlead will not be required to refund the Fees under any circumstances.
- Taxes. All Fees are exclusive of, and Customer is responsible for, applicable federal or national,
state or provincial, or local sales, use, excise, export or other applicable taxes, except for taxes
on the net income of Vcanlead. Vcanlead may add any such taxes to the applicable Fees.
- Customer Data & Privacy
- Use of Customer Data. Unless it receives Customer's prior written consent, Vcanlead: (a) shall not
access, process, or otherwise use Customer Data other than as necessary to operate and facilitate
the System, to provide Cloud Services to Customer and to improve customer experience on the System;
and (b) shall not intentionally grant any third party access to Customer Data, including without
limitation Vcanlead's other customers, except subcontractors that are subject to a reasonable
nondisclosure agreement or confidentiality duties. Notwithstanding the foregoing, Vcanlead may
disclose Customer Data as required by applicable law or by proper legal or governmental authority.
Vcanlead shall give Customer prompt notice, if permitted by applicable law, of any such legal or
governmental demand and reasonably cooperate with Customer in any effort to seek a protective order
or otherwise to contest such required disclosure, at Customer's expense.
- Privacy Policy. The Privacy Policy applies only to the System and does not apply to any third party
Website or service linked to the System or recommended or referred to through the System or by
Vcanlead's staff, including without limitation, Merchant's Websites or Affiliate's Websites.
- Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of
unauthorized disclosure or exposure and that, in accessing and using the System, Customer assumes
such risks. Vcanlead offers no representation, warranty, or guarantee that Customer Data will not be
exposed or disclosed through errors or the actions of third parties.
- Data Accuracy. Vcanlead shall have no responsibility or liability for the accuracy of data uploaded
to the System by Customer, including without limitation Customer Data and any other data uploaded by
Users. In addition, Vcanlead shall not be responsible or liable for any affiliate commission payment
calculation errors in connection with PayPal or other online payments made in reliance on the
reports generated from the use of the System or of any application programming interface keys
generated by the System.
- Data Deletion. Vcanlead may permanently erase Customer Data if Customer’s account is delinquent,
suspended, or terminated for 30 days or more.
- Excluded Data. Customer represents and warrants that Customer Data does not and will not include,
and Customer has not and shall not upload or transmit to Vcanlead's computers, servers, network or
other media, any data that is subject to heightened security requirements as a result of Customer's
internal policies or practices or by law or regulation (examples include but are not limited to the
Health Insurance Portability and Accountability Act (HIPAA), the Gramm–Leach–Bliley Act (GLBA),
Family Educational Rights and Privacy Act (FERPA), etc. (the "Excluded Data Laws"))(such Customer
Data collectively, "Excluded Data"). Customer recognizes and agrees that: (A) Vcanlead has no
liability for any failure to provide protections set forth in the excluded data laws or otherwise to
protect excluded data; and (B) Vcanlead's systems, including the system, are not intended for
management or protection of excluded data and may not provide adequate or legally required security
for excluded data.
- Aggregate and Anonymized Data. Notwithstanding the provisions above of this Article 4, Vcanlead may
use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole
discretion. "Aggregate Data" refers to Customer Data with the following removed: personally
identifiable information and the names and addresses of Customer and any of its Users, Affiliates,
end-users or customers.
- Customer's Responsibilities and Restrictions
- Acceptable Use. Acceptable Use. Customer shall not: (a) use the System for service bureau or
time-sharing purposes or in any other way allow third parties, including Customer's affiliates, to
exploit the System; (b) provide System passwords or other log-in information to any third party; (c)
share non-public System features or content with any third party; or (d) access the System in order
to build a competitive product or service, to build a product using similar ideas, features,
functions or graphics of the System, or to copy any ideas, features, functions or graphics of the
System. In the event that it suspects any breach of the requirements of this Section 5.1, including
without limitation by Users, Vcanlead may suspend Customer's access to the System without advanced
notice, in addition to such other remedies as Vcanlead may have. This Agreement does not require
that Vcanlead take any action against Customer or any User or other third party for violating this
Section 5.1 or this Agreement, but Vcanlead is free to take any such action it sees fit. In
addition, the customer shall comply with all restrictions imposed by each merchant in connection
with affiliate transactions.
- Unauthorized Access. The customer shall take reasonable steps to prevent unauthorized access to the
System, including without limitation by protecting its passwords and other log-in information. The
customer shall notify Vcanlead immediately of any known or suspected unauthorized use of the System
or breach of its security and shall use best efforts to stop said breach.
- Compliance with Laws. In its use of the System, the Customer shall comply with all applicable laws
and regulations, including without limitation laws governing the protection of personally
identifiable information and other laws applicable to the protection of Customer Data.
- Users & System Access. Customer is responsible and liable for: (a) Users' use of the System,
including without limitation unauthorized User conduct and any User conduct that would violate the
requirements of this Agreement applicable to Customer; and (b) any use of the System through
Customer's account, whether authorized or unauthorized.
- FAIR USE POLICY - All our users are eligible for creating a number of documents to
try and experience the benefits of Vcanlead over a traditional accounting software. HoIver, once the
limit of free documents is exhausted, I expect you to upgrade your subscription to either of the
value-driven plans. Vcanlead also allows you to create multiple businesses to help entrepreneurs
keep track of their businesses on a single platform. Creating multiple accounts for different
businesses is hence, covered and acceptable under our Fair Use Policy. HoIver, creation of multiple
accounts for the same business in order to exploit our free trial limits strictly violates our Fair
Use Policy.
- IP and Feedback
- IP Rights to the System. Vcanlead retains all right, title, and interest in and to the System,
including without limitation all software, system software and applications used to provide the
System, including any source code, updates, improvements, enhancements, modifications or derivative
works thereof, whether or not patentable, and all inventions, content, graphics, media, user
interfaces, logos, and trademarks contained in, displayed, performed or reproduced through the
System. This Agreement is an agreement for services and does not grant Customer any intellectual
property license or rights in or to the System or any of its components. Customer understands and
agrees that the System and its components are protected by copyright and other laws.
- Feedback. Vcanlead has not agreed to and does not agree to treat as confidential any Feedback (as
defined below) Customer or Users provide to Vcanlead, and nothing in this Agreement or in the
parties' dealings arising out of or related to this Agreement will restrict Vcanlead's right to use,
profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or
crediting Customer or the User in question. ("Feedback" refers to any suggestion or idea for
improving or otherwise modifying any of Vcanlead's products or services.)
- Limited License. Notwithstanding anything to the contrary contained herein, Customer hereby grants
to Vcanlead a limited royalty-free license and the right during the Term to disclose, use, modify,
edit, create derivative works, reproduce and display for Vcanlead's training, marketing,
advertising, publicity and other business purposes Customer's information, data and content
associated with Customer's Vcanlead account and registration page, including without limitation,
Customer's affiliate program terms and other text and graphic elements supplied by Customer,
provided hoIver that Vcanlead will remove specifically identifiable information, such as individual
names, office addresses, email addresses and order numbers, therefrom prior to sharing such
Customer's information, data and content with third parties.
- Confidential Information
"Confidential Information" refers to the following items Vcanlead discloses to Customer: (a) any document Vcanlead
marks "Confidential"; (b) any information Vcanlead orally designates as "Confidential" at the time of disclosure,
provided Vcanlead confirms such designation in writing within seven (7) business days; (c) the Documentation, this
Agreement, Customer Order, the Customization Services Addendum, Statements of Work and any communications betIen
Vcanlead and Customer in relation to this Agreement or the Customization Services Addendum, whether or not marked or
designated confidential; and (d) any other nonpublic, sensitive information disclosed by Vcanlead, whether or not
marked or designated "Confidential". Notwithstanding the foregoing, Confidential Information does not include
information that: (i) is in Customer's possession at the time of disclosure; (ii) is independently developed by
Customer without use of or reference to Confidential Information; (iii) becomes known publicly, before or after
disclosure, other than as a result of Customer's improper action or inaction; or (iv) is approved for release in
writing by Customer.
-
- Nondisclosure. Customer shall not use Confidential Information for any purpose other than the use of
the System for its ordinary internal business purposes (the "Purpose"). Customer: (a) shall not
disclose Confidential Information to any employee or contractor of Customer unless such person needs
access in order to facilitate the Purpose and executes a nondisclosure agreement with Customer with
terms no less restrictive than those of this Article 7; and (b) shall not disclose Confidential
Information to any other third party without Vcanlead's prior written consent. Without limiting the
generality of the foregoing, Customer shall protect Confidential Information with the same degree of
care it uses to protect its own confidential information of similar nature and importance, but with
no less than reasonable care. Customer shall promptly notify Vcanlead of any misuse or
misappropriation of Confidential Information that comes to Customer's attention. Notwithstanding the
foregoing, Customer may disclose Confidential Information as required by applicable law or by proper
legal or governmental authority. Customer shall give Vcanlead prompt notice of any such legal or
governmental demand and reasonably cooperate with Vcanlead in any effort to seek a protective order
or otherwise to contest such required disclosure, at Vcanlead's expense.
- Injunction. Customer agrees that breach of this Article 7 would cause Vcanlead irreparable injury,
for which monetary damages would not provide adequate compensation, and that in addition to any
other remedy, Vcanlead will be entitled to injunctive relief against such breach or threatened
breach, without proving actual damage or posting a bond or other security.
- Termination & Return. With respect to each item of Confidential Information, the obligations of
Section 7.1 above (Nondisclosure) will terminate five (5) years after the date of disclosure. Upon
termination of this Agreement, Customer shall return all copies of Confidential Information to
Vcanlead or certify, in writing, the destruction thereof.
- Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant
a license thereto. Vcanlead will retain all right, title, and interest in and to all Confidential
Information.
- Representations & Warranties
- From Vcanlead. Vcanlead represents and warrants that it is the owner of the System and of each and
every component thereof, or the recipient of a valid license thereto, and that it has and will
maintain the full poIr and authority to grant the rights granted in this Agreement without the
further consent of any third party. Vcanlead's representations and warranties in the preceding
sentence do not apply to use of the System in combination with hardware or software not provided by
Vcanlead. In the event of a breach of the warranty in this Section 8.1, Vcanlead, at its own option
and expense, will promptly take the following actions: (a) secure for Customer the right to continue
using the System; (b) replace or modify the System to make it non-infringing; or (c) terminate the
infringing features of the Cloud Services and refund to Customer any prepaid fees for such features,
in proportion to the portion of the Term left after such termination. In conjunction with Customer's
right to terminate for breach where applicable, the preceding sentence states Vcanlead's sole
obligation and liability, and Customer's sole remedy, for breach of the warranty in this Section 8.1
and for potential or actual intellectual property infringement by the System.
- From Customer. Customer represents and warrants that: (a) it has the full right and authority to
enter into, execute, and perform its obligations under this Agreement and that no pending or
threatened claim or litigation known to it would have a material adverse impact on its ability to
perform as required by this Agreement; (b) it has accurately identified itself and it has not
provided any inaccurate information about itself to or through the System; (c) it is a corporation,
the sole proprietorship of an individual 18 years or older, or another entity authorized to do
business pursuant to applicable law; and (d) it, as a Merchant, has entered into a valid and
enforceable agreement with one or more Affiliates with respect to which it intends to use the System
and the Cloud Services.
- Warranty Disclaimers. Except as provided in Section 8.1 above, customer accepts the system and cloud
services "as is" and as available, with no representation or warranty of any kind, express or
implied, including without limitation implied warranties of merchantability, fitness for a
particular purpose, or noninfringement of intellectual property rights, or any implied warranty
arising from statute, course of dealing, course of performance, or usage of trade. Without limiting
the generality of the foregoing: (A) Vcanlead has no obligation to indemnify or defend customer or
users against claims related to infringement of intellectual property; (B) Vcanlead does not
represent or warrant that the system will perform without interruption or error; and (C) Vcanlead
does not represent or warrant that the system is secure from hacking or other unauthorized intrusion
or that customer data will remain private or secure.
- Indemnification
Customer shall defend, indemnify, and hold harmless Vcanlead and each of the Vcanlead Associates (as defined below)
against any "Indemnified Claim", meaning any third party claim, suit, or proceeding arising out of or related to
Customer's alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a)
claims by Users or by Customer's employees, as Ill as by Customer’s own customers; (b) claims related to
unauthorized disclosure or exposure of personally identifiable information or other private information, including
Customer Data; (c) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy
or confidentiality right by written material, images, logos or other content uploaded to the System through
Customer’s account, including without limitation by Customer Data; and (d) claims that use of the System through
Customer’s account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other
law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of
or related to Vcanlead’s negligence. Customer’s obligations set forth in this Article 9 include retention and
payment of attorneys and payment of court costs, as Ill as settlement at Customer’s expense and payment of
judgments. Vcanlead will have the right, not to be exercised unreasonably, to reject any settlement or compromise
that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. (The
"Vcanlead Associates" are Vcanlead’s officers, directors, shareholders, parents, subsidiaries, agents,
representatives, advisors, successors, and assigns.)
- Limitation of Liability
- Dollar Cap. Vcanlead's liability arising out of or related to this agreement will not exceed the
amount of the fees actually paid by customer to Vcanlead in a period of tIlve months immediately
preceding the date on which customer presents a claim to Vcanlead with respect to Vcanlead's breach
of Vcanlead's obligations under this agreement.
- Exclusion of Consequential Damages. In no event will Vcanlead be liable to customer for any
consequential, indirect, special, incidental, or punitive damages arising out of or related to this
agreement.
- Clarifications & Disclaimers. The liabilities limited by this article 10 apply: (a) to liability
for negligence; (b) regardless of the form of action, whether in contract, tort, strict product
liability, or otherwise; (c) even if Vcanlead is advised in advance of the possibility of the
damages in question and even if such damages Ire foreseeable; and (d) even if customer's remedies
fail of their essential purpose. If applicable law limits the application of the provisions of this
Article 10, Vcanlead's liability will be limited to the maximum extent permissible. For the
avoidance of doubt, Vcanlead's liability limits and other rights set forth in this Article 10 apply
likewise to Vcanlead's affiliates, licensors, suppliers, advertisers, agents, sponsors, directors,
officers, employees, consultants, advisors and other representatives.
- Term and Termination
- Term. The term of this Agreement (the "Term") shall commence on the Effective Date and continue for
the initial term selected by the Customer in the online registration process as specified in a
Customer Order. Following its expiration, the Term will renew for successive terms equal to the
initial term specified in the Customer Order, unless either party refuses such renewal by written
notice to the other party 30 or more days before the renewal date.
- Termination for Cause. Either party may terminate this Agreement and any Customer Order if the other
party: (i) fails to cure any material breach (including, without limitation, Customer's failure to
pay the Fees) of this Agreement within thirty (30) days after written notice of such breach; (ii)
ceases operation without a successor; or (iii) seeks protection under any bankruptcy, receivership,
trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding
is instituted against such party (and not dismissed within sixty (60) days thereafter). Vcanlead may
disable links and reporting and payment functionality with respect to Affiliates of Customer
effective immediately in its sole discretion.
- Effects of Termination. Upon termination of this Agreement, Vcanlead shall discontinue Customer's
access to the System and the Cloud Services and Customer shall cease all use of the System and the
Cloud Services and shall promptly delete, destroy, or return all copies of the Documentation in its
possession or control. The following provisions will survive termination or expiration of this
Agreement: (a) any obligation of Customer to pay the Fees (unless the termination is by Customer for
cause); (b) Articles and Sections 6 (IP & Feedback), 7 (Confidential Information), 8.3 (Warranty
Disclaimers), 9 (Indemnification), 10 (Limitation of Liability) and 12 (Publicity); and (c) any
other provision of this Agreement that must survive to fulfill its essential purpose.
- Publicity
In further consideration of the rights granted hereunder to Customer, Customer agrees to permit Vcanlead to use
Customer's name and trademarks and service marks to identify Customer as a Vcanlead's customer on the Website, in
Vcanlead's marketing materials and in other sales and marketing activities, provided that Customer does not notify
Vcanlead in writing of its revocation of such permission. Customer agrees to cooperate with Vcanlead in reasonable
publicity efforts involving the System, such as, for example, media releases and marketing materials in accordance
with Vcanlead's reasonable request.
- Miscellaneous
- Independent Contractors. The parties are independent contractors and will so represent themselves in
all regards. Neither party is the agent of the other, and neither may make commitments on the
other's behalf. The parties agree that no Vcanlead employee or contractor will be an employee of
Customer.
- Notices. Vcanlead may send notices pursuant to this Agreement to Customer's email contact points
provided by Customer, and such notices will be deemed received 24 hours after they are sent.
Customer may send notices pursuant to this Agreement to Vcanlead, and such notices will be deemed
received 72 hours after they are sent in writing and if delivered personally, mailed via registered
or certified mail (return receipt requested and postage prepaid), given by facsimile (confirmed by
certification of receipt) or sent by courier (confirmed by receipt) addressed to Vcanlead Inc., 311
W 43rd Street, New York, NY 10036.
- Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will
constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes,
earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of
civil disorder, embargoes, or other causes beyond the performing party's reasonable control.
- Assignment & Successors. Customer may not assign this Agreement or any of its rights or
obligations hereunder without Vcanlead's express written consent. Except to the extent forbidden in
this Section 13.4, this Agreement will be binding upon and inure to the benefit of the parties'
respective successors and assigns.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of
law that would render any clause of this Agreement invalid or otherwise unenforceable in any
respect. In the event that a provision of this Agreement is held to be invalid or otherwise
unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum
extent permitted by applicable law, and the remaining provisions of this Agreement will continue in
full force and effect.
- No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by
lapse of time or by any statement or representation other than by an authorized representative in an
explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any
other breach of this Agreement.
- Choice of Law & Jurisdiction This Agreement will be governed solely by the internal laws of the
State of Gujarat, India without reference to: (a) any conflicts of law principle that would apply
the substantive laws of another jurisdiction to the parties' rights or duties; (b) the 1980 United
Nations Convention on Contracts for the International Sale of Goods; or (c) other international
laws. The parties consent to the personal and exclusive jurisdiction of the federal and state courts
of the Gujarat, India.
- Conflicts. In the event of any conflict betIen this Agreement and any Vcanlead policy posted online,
including without limitation the Privacy Policy, the terms of this Agreement will govern.
- Headings. The section headings in this Agreement are intended solely for convenience of reference
and shall be given no effect in the construction or interpretation of this Agreement.
- Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all
prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter.
Neither party has relied upon any such prior or contemporaneous communications.
- Amendment. Vcanlead may amend this Agreement from time to time by posting an amended version at its
Website and, solely with respect to Customers, sending Customer written notice thereof. Such
amendment will be deemed accepted and become effective 30 days after such notice (the "Proposed
Amendment Date") unless Customer first gives Vcanlead written notice of rejection of the amendment.
In the event of such rejection, this Agreement will continue under its original provisions, and the
amendment will become effective at the start of Customer's next Term following the Proposed
Amendment Date (unless Customer first terminates this Agreement pursuant to Article 11, Term &
Termination). Customer's continued use of the Cloud Services following the effective date of an
amendment will confirm Customer's consent thereto. This Agreement may not be amended in any other
way except through a written agreement by authorized representatives of each party. Notwithstanding
the foregoing provisions of this Section 13.12, Vcanlead may revise the Privacy Policy and any other
Vcanlead policy at any time by posting a new version of either at the Website, and such new version
will become effective on the date it is posted.
- Acceptance. customer acknowledges that it has read this agreement, understands it, and agrees to be
bound by its terms. the person accepting this agreement on customer's behalf through Vcanlead's
online registration process or by means of a customer order represents that he or she has the
authority to bind customer to these terms and conditions. Customer further acknowledges that this
Agreement does not have to be signed in order to be binding. Customer will have indicated its assent
to the terms of the Agreement by clicking on the "Accepted and Agreed to" (or similar button) that
is presented to Customer at the time of its opening of an online account with Vcanlead and
submitting an order for the Cloud Services through Vcanlead’s online registration process on the
Website.
Terms of Service For Invoices and Payments
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as
applicable and the amended provisions pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms
of Service for access or usage of the Service.
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY Vcanlead Internet
PRIVATE LIMITED ("COMPANY"). BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU
AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE
EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY
LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU
HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
Short Version
Vcanlead is an invoicing and payments software provider. I enable businesses and service providers to create
Invoices, Bill of Supply, Estimates and Contracts. Businesses may also enable payments feature, whereby Vcanlead or
its partners provide the technology and mechanism for the business’s clients to pay for an invoice or otherwise
transfer money to the business through electronic mechanisms. Vcanlead is not liable to the clients for any
shortfall in actual service provided by the businesses. Vcanlead does not guarantee payment of invoices by the
customer’s clients. Vcanlead only acts as the software service provider to enable the payment flow.
Long Version.
- Definitions
- "Agreement" means this Terms of Service.
- "Client(s)" shall mean and include any legal person, entity, business place or users, or any
designated employee of the business place/entity, who desire to pay for Services, Products invoiced
by the Seller, using the Services of the Company.
- "Content" shall mean and include any content, including the Products listed by the Seller, either
defined in this Terms of Service or any other content as offered or provided by the Company or
Sellers on the Website.
- "Order" or "Transaction" shall refer to the order placed by the Client to purchase the Products
listed by the Seller and shall include the purchase, payment, delivery and other connected matters.
- "Tax Invoice" or "Bill Of Supply" shall refer to document created by the business detailing the
services provided and with amount and terms of payment. The document is created with the purpose of
soliciting payment from the client for the service provided.
- "Party/party" shall mean and include the Company, Sellers, Clients, Users, Registered Users and any
other person who agrees to be bound by this Agreement.
- "Product(s)" or "Service(s)" or "Service Package(s)" shall mean and include all physical goods,
digital goods, products, packages, services or any information in connection therewith, listed or
invoiced by the Business under User Submission for sale, or usage by the Clients.
- "Product Information" shall mean and include particulars, specifications, payment details or other
information about the Services listed by the Seller, particulars with regard to the delivery to be
done by the Seller and/or any services which shall be or have been performed by the Seller in
accordance with the Services provided by the Seller.
- "Registered User" shall mean and include all Businesses, registered on the Website by providing the
information mandated by the Website and also Clients, in cases where registration is required.
- "Seller" or "Business(es)" shall mean the entity or person or User who is willing to list their
Services on the Website and avail the Site’s Services.
- "Services" means and includes providing a platform wherein, the Products offered, sold and listed by
the Seller, shall be purchased by you, facilitating the usage of the Website and payments for you
and facilitating the delivery of Products upon request from the Seller (whether chargeable or not),
or any other service, the Company performs for you.
- "User/user", "You/you", "Your/your" means any natural or legal person who browses, accesses or uses
the Website and/or has agreed to become a Client (or customer) or a Seller (or vendor) on the
Website by providing the registration data while registering on the Website as Registered User using
the computer systems.
- "Use/use" or "Using/using" means to browse, access, view, copy, avail Services, purchase Products or
other benefit from using the Website.
- "User Submissions" means and includes all information, Content, Products or Product Information,
Services listed by the Business for sale; This listing of the Content, Services, Products or Product
Information by the Seller on the Website, at the sole discretion of the Company, shall be removable
by the Company.
- "Website" means domain name www.vcanlead.com, owned
and operated by the Company.
- "I", "Company", "us" and "our" means the Company and its affiliates, officers, employees, agents,
partners and licensors.
- Access to the services
The Vcanlead Website and domain name and any other linked pages, features, content, or application services
(including without limitation any mobile application services) offered from time to time by the Company in
connection therewith (collectively, the "Website") are owned and operated by the Company. Subject to the terms and
conditions of this Agreement, the Company may offer Seller to use the Services for providing or listing certain
Products, as described more elaborately on the Website, and that have been selected by you (together with the
Website, the " Services"), solely (whether or not) for your own use, and not for the use or benefit of any third
party. The Company reserves the right, to change, suspend or discontinue the sale of such Products at any time,
including the availability of any feature, database, or Content. Company may also impose limits on certain features
and Services or restrict your access to parts or all of the Services without notice or liability. Company reserves
the right to amend this Agreement from time to time, with/without notice to the Registered Users. Any changes or
modifications made to this Agreement by Company shall be effective immediately. It shall be your responsibility to
review these Terms of Service upon notification and your continued usage of the Services offered by the Website
shall constitute agreement to such updated terms and conditions. By continuing to use the Service after those
changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the
change, do not use the Services after the change is effective, in which case the changes will not apply to you. Your
continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to
prevent you from making any transaction on the Website. The Company reserves the right in its sole discretion to
accept/refuse /reject registration or acceptance of Order placed using the Services or part thereof, without any
obligation of explanation.
The Company shall not be responsible or held liable for any delivery of the Services or Products purchased by the
client on the Website. The responsibility of delivering the Products or services is performed either by a third
party or the Business, but not by the Company. The Company shall not be held liable for any delay in delivery of the
services or Products due to any reason whatsoever.
Your use of any information or materials on this Website is entirely at your own risk, for which I shall not be
liable. It shall be your own responsibility to ensure that any Products, Services, Content or Product Information
available through this Website meet your specific requirements.
-
- Eligibility to Use
You represent and warrant to the Company that: (i) you are an individual or a legal person, who is at least 18 years
old; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy
of such information. You also certify that you are legally permitted to use and access the Services and take full
responsibility for the selection and use of and access to the Services. This Agreement or required Content of this
Agreement shall be considered void, where prohibited by law, and the right to access the Services is revoked in such
situations and jurisdictions. I reserve the right to terminate your membership/registration and/or refuse to provide
you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of
18 years.
You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and
you are not prohibited by law (of your respective country) from accessing or using the Services; (ii) all
registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such
information. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such
jurisdictions. If you believe that I might have any information from or about a child under 18, please contact us
at
support@Vcanlead.com.
- Services Content
The Services and its Contents, including the Products are intended solely for the personal use by the Users and may
only be used in accordance with the terms of this Agreement. All Products or materials displayed on the Website or
during the performance of the Services (including, but not limited to text, graphics, articles, photographs, images,
illustrations (also known as the "Content," and which includes User Submissions)) are protected by copyright, owned
by Vcanlead. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in
any Content accessed through the Services provided on the Website, and shall not use, copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit
for any purposes whatsoever, any Content or third party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third
party rights.
The Services provided whether or not as a collective work and/or compilation, are protected pursuant to the
copyright laws, international conventions, and other intellectual property laws of the territory where the Services
are performed. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as
expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way
exploit, any of the Content, software, materials, or Services in whole or in part.
You may not download or copy the Content (and other items displayed on the Services) for any unauthorized use. You
shall not store any significant portion of any Content in any form, unless permitted under this Agreement. Copying
or storing of any Content is expressly prohibited without prior written permission from the Company or from the
copyright holder identified in such Content’s copyright notice. In the event, you are linked to the Website, Company
shall reserve the right to revoke your rights and link at any time, at the Company’s sole discretion. Company
reserves the right to provide consent for approving your request or rejecting your request for linking before or at
the time of linking to the Website.
In the course of using the Services, you and other Users may provide information which may be used by the Company in
connection with the Services and which may be visible to certain other Users. Except for the Products, the Company
hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licenseable and
transferable right to reasonably modify and exploit any such User Submissions (including all related intellectual
property rights) provided in connection with the Services and Company’s (and its successors’ and assigns’) business,
including without limitation for promoting and redistributing part or all of the Services (and derivative works
thereof) in any media formats and through any media channels; hoIver, Company will only share your personally
identifiable information in accordance with Company’s privacy policy in effect from time to time and located at
Privacy. For clarity, the foregoing license grant to the Company does not affect your ownership of or right to grant
additional non-exclusive licenses to the material in your User Submissions, unless otherwise agreed to in writing.
For clarity, (a) regardless of the terms "Sale," "Seller," "Client", a Client of a Product is obtaining only the
rights specified above (and is not purchasing any intellectual property rights in the Products) and the Seller
retains the intellectual property rights in such Product (if alloId by virtue of the applicable law) and the right
to grant additional non-exclusive rights to others and (b) the Services provided are only a platform that
facilitates the transaction betIen a Business and a Client with respect to Services, but the Company is not and
shall not be considered a party to such transaction and has no responsibility for such transaction or for the
Products or for any dispute betIen any Client and Seller.
You understand that all information publicly posted or privately transmitted through the Services is the sole
responsibility of the person from which such Content is originated and that the Company will not be liable for any
errors or omissions in any of the Content, provided by the Seller or any other person. You understand that the
Company does not provide any guarantee on the identity of any other users (acting as or on behalf of Client/Seller)
with whom you may interact in the course of using the Services. Additionally, the Company cannot guarantee the
authenticity of any data which users or merchants or Sellers may provide about themselves. You acknowledge that all
Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or
loss to any party resulting therefrom.
Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure
to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- Company is an Intermediary
PLEASE NOTE THAT THE PURCHASE OF ANY SERVICES WITH ASSISTANCE FROM THIS WEBSITE IS A PRIVATE CONTRACT BETIEN THE
SELLERS AND THE CLIENTS, CHOOSING TO PURCHASE SUCH SERVICES. THE COMPANY IS MERELY AN ONLINE INTERMEDIARY
FACILITATING THE TRANSACTION IN A LIMITED CAPACITY AND DOES NOT BEAR ANY RESPONSIBILITY FOR DELIVERY, AUTHENTICATION
OR ANY OTHER KIND OF LOGISTICAL SUPPORT UNLESS EXPRESSLY MENTIONED.
All commercial/contractual terms are offered by and agreed to betIen the Clients and BUSINESSES alone. The
commercial/contractual terms include without date, period and mode of delivery, warranties related to products and
services and after sales services related to products and services. The Company does not have any control or does
not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual
terms betIen the BUSINESS and CLIENTS.
Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of
the Products or services proposed to be sold or offered to be sold or purchased on the Website. Company does not
implicitly or explicitly support or endorse the sale or purchase of any Products or services on the Website. Company
accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Company is not responsible for any non-performance or breach of any contract entered into betIen you and Sellers.
Company cannot and does not guarantee for the performance of any transaction concluded on the Website. Company shall
not and is not required to mediate or resolve any dispute or disagreement betIen BUSINESS and CLIENTS.
Company does not make any representation or warranty as to the item-specifics (such as legal title,
creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any
particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, insurance
etc. with the Seller(s) that You transact with. I are not an authorised agent of any Seller, service provider(s) or
any such third party and I are only an online intermediary.
Disclaimer: Pricing on any Products as is reflected may due to some technical issue, typographical error or product
information published on the Website may be incorrectly reflected and in such an event, Company or the Seller
reserves the right to cancel any such orders as requested and refund the amount ( if any) received from the User.
The Company shall not be responsible for any such error/s or incorrect information provided by Seller; as providing
the price of the Product is the sole responsibility of the Seller.
You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or
other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may
have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot
take responsibility or control the information provided by other Users which is made available on the Website. You
may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use
caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
- Restrictions
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner
that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or
privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is
harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent
such as contests, sIepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity,
including without limitation any employee or representative of the Company; or (vi) contains a virus, trojan horse,
worm, time bomb, or other harmful computer code, file, or program.
Your use of the Services and tools on the Website and any transactions made through the Website are governed by the
policies applicable to the Services, listed on the platform/Website. You agree not to, host, upload, publish,
transmit, update, share, sell or purchase any Product, items and activities through Services, which includes, but is
not limited to, the following:
-
- Adult goods and services which includes pornography and other sexually suggestive materials
(including literature, imagery and other media, escort or prostitution services);
- Alcohol or goods which includes Alcohol content or any other alcoholic beverages such as beer,
liquor, wine, or champagne;
- Body parts which includes organs or other body parts including blood and other bodily fluids;
- Bulk marketing tools which includes email lists, software, or other products enabling unsolicited
email messages (spam);
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite
signals for free;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent
copyright protection;
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or
protected materials;
- Copyrighted software which includes unauthorized copies of software, video games and other licensed
or protected materials, including OEM or bundled software;
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items
without a celebrity endorsement that would normally require such an association; fake autographs,
counterfeit stamps, and other potentially unauthorized goods;
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal
drugs like salvia and magic mushrooms;
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related
items;
- Endangered species which includes plants, animals or other organisms (including product derivatives)
in danger of extinction;
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online
gambling sites, and related content;
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment
enabling illegal access to software, servers, Websites, or other protected property;
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling
illegal acts;
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health
fixes;
- Offensive goods which includes literature, products or other materials that: a) Defame or slander
any person or groups of people based on race, ethnicity, national origin, religion, sex, or other
factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
- Offensive goods, crime scene photos or items, such as personal belongings, associated with
criminals;
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other
products requiring a prescription by a licensed medical practitioner;
- Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic,
flammable, and radioactive materials and substances;
- Regulated goods which includes air bags, batteries containing mercury, Freon or similar
substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license
plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage
meters, recalled items, slot machines, surveillance equipment, goods regulated by government or
other agency specifications;
- Securities which includes stocks, bonds, or related financial products;
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, electronic cigarettes and
related products;
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal
changers, and related products;
- Iapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Live animals;
- Multi-Level Marketing collection fees;
- Matrix sites or sites using a matrix scheme approach;
- Work-at-home information;
- Drop-shipped merchandise;
- Overseas foreign exchange trading;
- Any product or service which is not in compliance with all applicable laws and regulations whether
federal, state, local or international including the laws of US;
- Remote Access Technical Support;
- Illegal Iapons, Product violating someone's privacy, providing or creating computer viruses;
- Product that tries to gain unauthorized access or exceeds the scope of authorized access to the
Website, profiles, blogs, communities, account information, bulletins, friend requests, or other
areas of the Website, or solicits passwords or personal identifying information for commercial or
unlawful purposes from other users on the Website;
- interferes with another’s use and enjoyment of the Website;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any offence or prevents
investigation of any offence or is insulting any other nation;
- Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which
is prohibited or restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force;
- Shall create liability for us or cause us to lose (in whole or part) the services of our Internet
Service Provider ("ISPs") or other suppliers.
- Adoption of children and babies;
The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but
not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or
if the Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You, not the Company, remain solely responsible for all the Content that you upload, post, email, transmit, or
otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights
necessary to provide such Content to the Company and to grant Company the rights to use such information in
connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination of your right to access or use the Services. You may not post or
transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain
password, account, or private information from any other User of the Services. Use of the Services to violate the
security of any computer network, crack passwords or security encryption codes, transfer or store illegal material
(including material that may be considered threatening or obscene), or engage in any kind of illegal activity is
expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Services,
or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere
with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual
or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Services is
strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the
Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental
assessments associated with your activity in connection with the Services.
You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of
the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in
connection therewith.
- Warranty Disclaimer
The Company has no special relationship with you or any fiduciary duty towards you. You acknowledge that Company has
no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you
access via the Services; what effect the Content may have on you; how you may interpret or use the Content; or what
actions you may take as a result of having been exposed to the Content. You release Company from all liability for
you having acquired or not acquired Content through the Services. The Services may contain, or direct you to
Websites containing, information that some people may find offensive or inappropriate. The Company makes no
representations concerning any content contained in or accessed through the Services, and Company will not be
responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or
accessed through the Services. The Company makes no representations or warranties regarding the accuracy of
descriptions anywhere on the Services, or regarding suggestions or recommendations of Products offered or purchased
through the Services. Products purchased (whether or not following such recommendations and suggestions) or the
Services provided on the Website are provided "AS IS" without any warranty of any kind from the Company or others
unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third
party for a specific product or service. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE
WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE WEBSITE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETIEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty
of any kind, express or implied, including but not limited to, that (i) the Services of the Website will meet your
requirements or set standard of expectations (ii) the Services of the Website will be uninterrupted, timely, secure,
accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such
Services will be accurate or reliable; (iv) the quality of any Products, Services, Product Information or other
Content will meet your expectations or requirements.
- Privacy Policy
For information regarding the Company’s treatment of personally identifiable information, please refer to
Company’s
current Privacy Policy, which is hereby incorporated
by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by
Company’s
Privacy Policy.
- Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Company and select a
password and user name (" Company User ID") and for such purposes, you will be referred to as a Registered User. A
Registered User can be a Business or a Client or both. If you are accessing the Services through a third party site
or service (such as "Facebook Connect" or "Google Login"), Company may require that your Company User ID be the same
as your user name for such third party site or service. You shall provide the Company with accurate, complete, and
updated registration information and you shall be responsible for all the activities that occur under your Company
User ID. The Information provided by you while availing the Services on the Website is subject to Privacy Policy of
the Company displayed on the Website. The Company reserves the right to store, evaluate, analyze, verify, and
authenticate the information and data provided by the User. You are required to fill your data accurately and
precisely while filing the information for placing order for Products.
The Registered User shall be required to provide KYC information/details to the Company, such as electronic copies
of identity proof, address proof and any other such document mandated under the law, and shall be uploaded by the
User in soft copy form at the time of registration and/or provided to the Company as and when sought. The Company
has the sole right to activate/deactivate your account on the Website, upon receiving the registration information
provided by the User, upon scrutinizing the veracity of the details provided. For the purpose of KYC and Company
records, Company has the right to seek the self-attested copies of the documents, as submitted during/post the
registration process.
Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your
account. You may not (i) select or use as a Company User ID, a name of another person with the intent to impersonate
that person; or (ii) use as a Company User ID, a name subject to any rights of a person other than you without
appropriate authorization. The Company reserves the right to refuse registration of or cancel a Company User ID in
its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the
Service through a third party site or service, you will provide your third party account credentials to the Company,
and you are consenting to have the information in those accounts transmitted into your Company account, and you
agree that you shall only use accounts owned by you, and not by any other person or entity.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or I have
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in
accordance with this Terms of Service, I shall have the right to indefinitely suspend or terminate or block access
of your membership on the Website and refuse to provide You with access to the Website.
Kindly Note: In the event, if any discrepancy is found, in case any of the information provided by the User, for
example, registration information provided does not match with the adjoining documents, such mismatch shall lead to
the rejection/deactivation/termination of the registration. The privacy of the documents provided or any such
personally identifiable information provided to the Company, shall be maintained in accordance to the Privacy Policy
of the Website. In addition, you acknowledge that I have the right to disclose the information (if required)
provided by you to the law enforcement authorities whether or not for any investigation purposes.
- Indemnity
You will indemnify, defend, at the Company’s option, and hold the Company, its parents, subsidiaries, affiliates,
officers, associates successors, assigns, licensors and employees, the Website or any of their respective officers,
directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and
vendors harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’
fees) from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs made
by any third party due to or arising out of your access to the Services, use of the Services, your violation of this
Agreement, or due to any infringement by you or any third party using your account of any intellectual property or
other right of any person or entity, or your provision of defective or sub-standard goods/services through this
Website, or your breach of terms of conditions agreed by you to a Client in transaction facilitated by this Website.
- Limitation of Liability
TO THE FULLEST EXTENT ALLOID BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR ITS
SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR
THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT OR FOR ANY LOSS OF PROFITS, REVENUES OR USE,
OR THE LOSS OR CORRUPTION OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY OR INDIRECT
DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER
LIABILITY ARISES FROM BREACH OF THIS AGREEMENT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER LEGAL OPERATION OF LAW, EQUITABLE THEORY OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COMPANY HEREUNDER
WILL IN NO CASE EXCEED THE LESSER OF INR 100 OR THE FEES PAID BY YOU TOWARDS THE USAGE OF THE SERVICES / WEBSITE FOR
THE LAST TRANSACTION; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR ANY MATTER BEYOND
COMPANY’S REASONABLE CONTROL. IN CONDITIONS WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THE ABOVE MENTIONED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICES, ARE
MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY
COMMITMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE
WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
I as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the
preset limit mutually agreed by us with our acquiring bank from time to time.
- Fees and Payment
You can place the order for the Products listed by the Seller at a price as shown or provided by the Seller. You
need to place an order by making payment through available or provided payment modes. Prices listed are in Indian
Rupees (unless specified) and are subject to change from time to time, at the sole discretion of the Seller. The
Company reserves the right to require payment of fees for certain or all Services, in addition to the fees charged
for the purchase and sale of any Product. You shall pay all fees, as described on the Website in connection with
such Services selected by you.
For the services rendered by the Company, it charges a Platform Fee on each transaction betIen Client and Seller,
which it deducts from the payment made by the Client. The Company, at its sole discretion, reserves the right to
modify the Platform Fee from time to time. The Seller shall bear and be responsible for any applicable federal,
state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without
limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes
based upon the Company’s net income; if there is any withholding required, the Seller will pay any amount specified
on the Website without reduction for the withholding amount and will also pay the withholding amount to the
applicable authorities.
Payments to the Seller shall be paid out by the Company, subject to a minimum account balance in the Seller’s
account and provided that the Seller has provided his correct account details during the registration of its account
on the Website.
The Company reserves the right to change pricing and payment policies and to institute new charges at any time, upon
notice to the Seller, which may be sent by email or posted on the Website. All payments need to be made online and
no offline payments are permitted by the Company.
User understands and acknowledges:
-
- that upon placing an Order You are entering into a legally binding and enforceable contract with the
Seller to purchase the Products and /or services from the Seller using the payment facility, and You
shall pay the price as listed on the Website through any such instrument as provided used for the
payment, to the Seller using payment facility.
- That You shall be entitled to claim a refund of the Order placed (as Your sole and exclusive remedy)
in case You do not get the confirmation of the Order placed. In case you do not raise a refund claim
within the stipulated time than, Company or the Seller does not take the responsibility of the
refund to be received by You, from your issuing bank.
- That no refund shall be made once the Order is placed or confirmed, using the Website (unless the
services are not provided appropriately by the Seller).
- That Company, undertakes utmost care to provide secure payment system, hoIver, it is susceptible to
hacking, virus attacks, malfunction.
- That the User shall provide accurate payment details to the secure payment system for making
purchase on the Website.
- The information provided by User will not be utilized or shared with any third party unless required
in relation to fraud verifications or by law, regulation or court order.
- The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized
use of User’s credit/ debit card.
- That the User undertakes all payments subject to own risk and volition.
- The Company shall not be liable for any loss or damage occurred to User arising directly or
indirectly due to the decline of authorization for any transaction malfunction, errors and/or
unscrupulous activities.
I shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the
decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
- Refunds, Disputes and Chargebacks
For Client
As a general rule, no refund will be provided until and unless such circumstances exist that the Company deems fit
to refund the transaction money.
A Client may submit a claim for a refund for a purchase made by emailing at
support@Vcanlead.com and providing a clear and specific reason for the
refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by
the Company, in its sole discretion. Refund requests must be submitted within 10 days of the purchase or within any
such duration, as indicated by the Sellers.
In case a Client has a dispute with the Seller where he/she wants a refund for the amount paid to the Seller, Client
should create a case using the link on the transaction mail within 10 days from the date of transaction/purchase or
placing the Order. In case of failure to do so by the Client, he/she agrees that it absolves the Company from any
responsibility to facilitate the resolution of such dispute.
The Client agrees not to dispute/chargeback the transaction with his/her credit card issuing bank without informing
or obtaining prior consent of the Company.
For Seller
A transaction may be reversed or charged back to your account if it is disputed by the Client, reversed for any
reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or I have any reason to
believe that the transaction was not completed in good faith.
For any transaction that results in a chargeback, the Company may withhold the transaction amount from your account.
If your account has any pending resolution of any chargebacks, the Company has the discretion to delay your next
payout(s). The Company reserves the right to withhold from your account the amount of one or more transactions, if
it believes that there is a significantly increased risk of a chargeback occurring on these transactions. The
Company may also charge you a fee for each refund, or chargeback, or dispute incurred.
If your account is incurring a significantly high volume of chargebacks according to the Company, the Company
reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase
holding period for your funds to be paid out, (e) implement a rolling reserve.
The Company reserves the right to charge a "Penalty fee" from the Users, including Clients and Sellers, for abusing
the platform, towards the charges incurred for the investigation, operational handling and legal consultation
charges.
-
- Audit Rights
Company will have the right to inspect and audit User’s records relating only to the Services performed during
normal business hours, for the Term of the Agreement and for a period of one year thereafter at its own cost.
The Company reserves the right to investigate and verify the authenticity of the information shared by the Seller to
the Company or the Client, with regards to the business model, purpose of payments, and/or Transactions that the
Company considers suspicious or fraudulent in nature, anytime. Any representative of the Company may contact the
Clients or the Issuer Bank of Clients (whose card or net-banking was used to make the payment) directly to verify
the details provided by the Seller.
For such investigations, Sellers are required to co-operate in the investigation process and provide any such
documents, including, KYC documents (self-attested), copy of any such License required to sell/collect payments for
such products / services, invoices, proof of delivery, details of the Client, details of the medium through which
the payment was made/collected, and "Authorisation Mail" from the Clients / Card holders (whose card or net-banking
was used to make the payment), or any other document to the Company on demand.
The Company reserves the rights to withhold payouts of the Seller completely or partially till such investigation is
completed to the satisfaction of the Company. If the Seller does not co-operate in such investigations, the Company
may terminate the Seller's account in accordance with Clause 13 and refer the account and the matter to the
appropriate regulatory body that the Company may deem fit for further investigation.
- Interaction with Third Parties
The Services may contain links to third party Websites or services ("Third Party Services") that are not owned or
controlled by the Company, or the Services may be accessible by logging in through a Third Party Service, as
described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You
hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any Third Party
Services relating to your use of the Services and that you will act in accordance with those policies, in addition
to your obligations under this Agreement. The Company has no control over, and assumes no responsibility for, the
content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition,
the Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the
Services, you expressly relieve and hold harmless the Company from any and all liability arising from your use of
any Third Party Service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely betIen you and such organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third
parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. If there is a dispute betIen participants on this site, or betIen users and any
third party, you understand and agree that the Company is under no obligation to become involved. In the event that
you have a dispute with one or more other users or third parties, you hereby release the Company, its officers,
employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every
kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way
related to such disputes. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY
LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR IB
SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
- Termination and Suspension
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the
Services at any time. The Company may terminate or suspend your access to the Services or your membership or
registration at any time, for any reason, and without warning, which may result in the forfeiture and destruction of
all information associated with your membership. The Company may also terminate or suspend any and all Services and
access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions
of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any
Content will immediately cease. On termination of your account, the Company has the right to refund your
transactions, or keep your funds on hold for a period, as deemed fit by the Company, from the date of termination
post which such amount shall be released to your account or any such account as directed, in accordance with the
then applicable laws. All provisions of this Agreement which, by their nature, should survive termination, shall
survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of
liability.
The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person or User in
writing or through email signed with electronic signature about any such information which is not authorized to be
displayed while using the Services, including, not limited to, the details as provided in the above mentioned
Section 4, the Company shall act within thirty six hours or at the time the Company is aware of such information
being posted and where applicable, work with User or owner of such information to disable such information that is
in contravention and not authorized to be displayed on the Website or in the Services provided. Further, the Company
shall preserve such information and associated records for at least ninety days or for any number days, for
investigation purposes. Post internal investigation(s), if any, conducted by the Company and post ceasing the
right(s) of the Seller or the User or any other relevant party to access or use the Services, Website, and any
Content, Company reserves the right to disclose any and all information to the relevant governmental authorities,
for any further actions to be taken under the law. The Company reserves the right to take any such action, on any
suspicious and/or reasonable ground(s).
-
- Termination in the event of misrepresentation of business model, products and/or services
In case the Company receives considerable amount of Client complaints or dispute cases on Resolution Center or
Chargeback or by any other means, the Company becomes aware of the fact that the Seller has misrepresented their
business activities/Product/Services or has used Company's Services or the platform provided to collect payments for
purposes other than what was disclosed to the Company, the Company reserves the right to suspend or terminate the
Seller's account permanently and refund the transactions to the Client's to the instrument through which the payment
was made or received by the Company.
In case the amount not released to the Seller is more than the refund amount or amount to be refunded to the Client,
the Seller is required to make necessary payments to the Company to execute the refunds. Failing to recover the
refunds paid to the Client or to be paid to the Client, the Company reserves the right to make all reasonable
collection efforts and/or file a law suit or complaint or take any legal recourse available to the Company, against
the Seller or any of the Seller’s representatives, as per the details provided by the Seller to Company.
In an event, where the Company is unable to provide refund to the Clients for the transaction(s), for the reasons
which includes, without limitation, ascertaining the actual payers, the Company reserves the rights to take
appropriate legal actions and report the matter to law enforcement agencies such as Cyber Crime Division, Computer
Emergency Response Team, Economic Offenses Wing, Financial Intelligence Unit and any other appropriate regulatory
body and shall continue to withhold the amount in its accounts or deposit or transfer the amount to the concerned
account(s), as directed by the competent regulatory authority.
- Notice
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice
provided to Company pursuant to the Terms should be sent to support services at
support@Vcanlead.com.
- Change
I have and continue to have the right to modify, change or update this Terms of Service and any other policies as
provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall
be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the
Policy updates on the Website.
- Compliance with laws
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999
and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve
Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information
Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign
Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there
under, Export Import Policy of government of India) applicable respectively for using payment facility and our
Website.
- Force Majeure
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees,
agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in
performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes
beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures,
telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil
disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
- Advertisements
The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at
various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set
cookies on Website which shall use your data, information for various other links. If you would like to know more
information about this practice and to know your choices about not having this information used by any company,
please refer to the relevant policy of such advertiser for more information.
I do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability,
merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. I
are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal
with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be
made a party or forced party in any such conflicts.
- Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver
of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without
limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect
and enforceable. This Agreement is not assignable, transferable or sub licensable by you except with the Company’s
prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations
without any consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and
other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing
signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is
created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect
whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal
meaning, and may not accurately reflect the content of the provisions they precede. You and the Company agree there
are no third party beneficiaries intended under this Agreement.
- Arbitration & Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the India, without regard to the
conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement
shall be finally settled by arbitration in Surat, India in accordance with the provisions of the Indian Arbitration
and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties
in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having
jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of
enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an
action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of
this Agreement, the parties consent to exclusive jurisdiction and venue in Surat, India.
- Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at
support@Vcanlead.com.
Terms of Service For Our Partnership With HDFC Bank Limited
- A) Accounts & Related Services
NOTICE AND REQUEST FOR CONSENT
HDFC Bank Limited ("Bank" or "us" or "I") respects your privacy and is committed to protecting your personal data.
This notice and request for consent ("Notice") will inform you about how the Bank proposes to collect, handle,
store, use, disclose and transfer ("Process") your personal data in connection with the [account-based relationship
including liability products and services such as current account, savings account, Regular Current Account, Trade
account, Plus Current Account, Retail Trust Account, Premium Current Account, etc.)] and related services you
request from the Bank ("Requested Product").
- Categories of Personal Data:I may Process the following types of your personal data:
(a) Identity and/or contact information such as name, physical address, mobile number, email address, signatures,
date of birth, copy of identity and residence identifiers such as Aadhaar or other officially valid documents,
Permanent Account Number, biometric information, marital status, citizenship, residential status, etc.
(b) Financial or related information such as income details, employment or occupational information, information
collected when you undertake transactions including when you send or receive payments, etc.
(c) Information that you provide about others such as nominee details, family details, associate details, employer
details, authorized signatories and other authorized representatives in case of non-individual applicants, etc.
(d) Information that others provide about you such as data obtained from correspondent banks, business
correspondents, other parties who are involved in transactions undertaken by you, from any persons involved in any
payment system or infrastructure or architecture of which I are a part and whether your interface/ interaction is
directly with us or indirectly through such third parties, etc.
(e) Information from and about your online activities such as your location, IP address, device and operating
system, unique identifiers such as International Mobile Equipment Identity (IMEI) number, technical usage data,
contact lists, fingerprint (if you choose to enable it), passwords or PINs in encrypted form, etc.
(f) Information such as records of our correspondence with you, your interaction with the Bank including chats,
emails, telephone conversations, grievances, etc.
(g) Derivative data such as credit scores, credit information, behavioural projections, analytical results, etc.
Note: I may collect your personal data directly from you, from our affiliates or third parties such as credit
information companies, regulators or governmental authorities who may have your personal data, or from publicly
accessible sources such as your social accounts where you have made your personal data publicly available.
- Purposes of Processing:I Process your personal data for the following purposes:
(a) To meet our legal, regulatory or compliance obligations such as customer due diligence, know your customer/
anti-money laundering checks, credit reporting, undertaking data protection impact assessments, data audits, etc.
(b) To assess and monitor your continued eligibility and suitability for the Requested Product such as your KYC
status, risk assessment, including by way of background checks, inspections, verifications, etc.
(c) To provide you with and enable your use of the Requested Product including net banking, internet banking,
digital banking, SMS banking, and any other digital banking, issuance of any debit and/or other cards.
(d) To enable repayment and ensure recovery of the amounts due from you including through our appointed recovery
agents, etc.
(e) To initiate legal or regulatory proceedings for enforcement of our rights or defending your claims.
(f) To provide you with customer service and to communicate with you through emails, chats, telephone calls and
other means.
(g) To take actions necessary for prevention and detection of crime and fraud, portfolio sensitivity analysis, etc.
Note: I may undertake the abovementioned activities either ourselves or through our affiliates or third parties such
as vendors, service providers, other regulated entities such as credit information companies and KYC registration
and authentication service agencies, etc., in accordance with our internal policies and applicable law.
- Data Sharing:I may share your personal data with our affiliates or third parties such as
credit information companies, bureaus, switches, networks, card association, settlement, transfer and
processing intermediaries, payment aggregators, payment gateways, payments systems, service providers,
consultants, vendors, agents, fintech entities, co-brand entities / partners, distributors, selling/
marketing agents, any merchants, aggregators, lead generators, sourcing entities, clients, customers or
other persons with whom I have any direct or indirect arrangement or tie-up or contract for any products or
services, any TPAPs (for whom the Bank acts as PSP bank), or other players/ intermediaries in any ecosystem
of which the Bank is a part, with entities managing loyalty programmes, managing, generating and/or
implementing any offers, discounts, cashbacks, chargebacks, features, etc., and such entities may share your
personal data with their service providers, consultants, vendors, etc., for the purposes mentioned in this
Notice.
In certain cases, these entities, which receive your personal data from us may also be legally required to give you
a notice regarding their Processing of your personal data and request for your consent before they Process the same.
I encourage you to read their privacy notices and contact them if you have any questions regarding how they Process
your personal data.
- Withdrawal of Consent:You have the right to withdraw your consent at any time by following
the process provided under the 'Consent Withdrawal' section of the Privacy Policy.
Please note that our Processing of your personal data before you withdraw your consent will not be impacted. You
should also be aware that if you withdraw your consent for us to Process your personal data for some of the purposes
I have mentioned in this Notice, I may not be able to continue offering you the Requested Product. This could mean
that the terms and conditions applicable to discontinuation or closure of your Requested Product will become
applicable.
I encourage you to review the terms and conditions applicable to the Requested Product to understand the
consequences of withdrawal of your consent in respect of use of your personal data.
- Grievances:If you believe that you have any concerns regarding how I Process your personal
data, you have the right to let us know your grievances. Please contact us at the details provided under
'Contact Information' below to register your concerns.
- B) Cards & Related Services
NOTICE AND REQUEST FOR CONSENT
HDFC Bank Limited ("Bank" or "us" or "I") respects your privacy and is committed to protecting your personal data.
This notice and request for consent ("Notice") will inform you about how the Bank proposes to collect, handle,
store, use, disclose and transfer ("Process") your personal data in connection with [credit cards including
corporate credit cards, co-branded credit cards, commercial credit cards, purchase cards, etc.,] and related
services you request from the Bank ("Requested Product").
- Categories of Personal Data:I may Process the following types of your personal data:
(a) Identity and/or contact information such as name, physical address, mobile number, email address, signatures,
date of birth, copy of identity and residence identifiers such as Aadhaar or other officially valid documents,
Permanent Account Number, biometric information, marital status, citizenship, residential status, etc.
(b) Financial or related information such as income details, employment or occupational information, bank account
details, investment and transaction history, risk profile, financial knowledge and experience, nature and volume of
anticipated business dealings, income tax returns, information collected when you undertake transactions including
when you send or receive payments, etc.
(c) Information that you provide about others such as that of your employer, family, authorized signatories and
other authorized representatives in case of non-individual applicants, etc.
(d) Information that others provide about you such as data obtained from other parties who are involved in
transactions undertaken by you including any payment system participants.
(e) Information from and about your online activities such as your location, IP address, device and operating
system, unique identifiers such as International Mobile Equipment Identity (IMEI) number, technical usage data,
contact lists, fingerprint (if you choose to enable it), passwords or PINs in encrypted form, etc.
(f) Information such as records of our correspondence with you, your interaction with the Bank including chats,
emails, telephone conversations, grievances, etc.
(g) Derivative data such as credit scores, credit information, behavioural projections, analytical results, etc.
Note: I may collect your personal data directly from you, from our affiliates or third parties such as credit
information companies, regulators or governmental authorities who may have your personal data, or from publicly
accessible sources such as your social accounts where you have made your personal data publicly available.
- Purposes of Processing:I Process your personal data for the following purposes:
(a) To meet our legal, regulatory or compliance obligations such as customer due diligence, know your customer/
anti-money laundering checks, credit reporting, undertaking data protection impact assessments, data audits, etc.
(b) To assess and monitor your continued eligibility and suitability for the Requested Product such as your credit
worthiness, financial standing, etc., including by way of background checks, inspections, verifications, etc.
(c) To provide you with and enable your use of the Requested Product and related services such as loyalty and
rewards programs.
(d) To enable repayment and ensure recovery of the amounts due from you including through our appointed collection
or recovery agents, etc.
(e) To initiate legal or regulatory proceedings for enforcement of our rights or defending your claims.
(f) To provide you with customer service and to communicate with you through emails, chats, telephone calls and
other means.
(g) To take actions necessary for prevention and detection of crime and fraud, portfolio sensitivity analysis, etc.
Note: I may undertake the abovementioned activities either ourselves or through our affiliates or third parties such
as vendors, service providers, other regulated entities such as credit information companies and KYC registration
and authentication service agencies, etc., in accordance with our internal policies and applicable law.
- Data Sharing:I may share your personal data with our affiliates or third parties such as
credit information companies, bureaus, switches, networks, card associations, settlement, transfer and
processing intermediaries, payment aggregators, payment gateways, payments systems, service providers,
consultants, vendors, agents, fintech entities, co-brand entities /partners, distributors, selling/
marketing agents, any partners, collaborators, co-lenders, co-originators, merchants, aggregators, lead
generators, sourcing entities, clients, customers or other persons with whom the Bank has any direct or
indirect arrangement or tie-up or contract for any products or services, any TPAPs (for whom the Bank acts
as PSP bank), or other player(s)/ intermediaries in any ecosystem of which the Bank is a part, entities
managing loyalty programmes, managing, generating and/or implementing any offers, discounts, cashbacks,
chargebacks, features, etc., and such entities may share your personal data with their service providers,
consultants, vendors, etc., for the purposes mentioned in this Notice.
In certain cases, these entities, which receive your personal data from us may also be legally required to give you
a notice regarding their Processing of your personal data and request for your consent before they Process the same.
I encourage you to read their privacy notices and contact them if you have any questions regarding how they Process
your personal data.
- Withdrawal of Consent:You have the right to withdraw your consent at any time by following
the process provided under the 'Consent Withdrawal' section of the Privacy Policy.
Please note that our Processing of your personal data before you withdraw your consent will not be impacted. You
should also be aware that if you withdraw your consent for us to Process your personal data for some of the purposes
I have mentioned in this Notice, I may not be able to continue offering you the Requested Product. This could mean
that the terms and conditions applicable to discontinuation or closure of your Requested Product will become
applicable.
I encourage you to review the terms and conditions applicable to the Requested Product to understand the
consequences of withdrawal of your consent in respect of use of your personal data.