These terms and conditions of use (“Terms and Conditions”) govern the use of the
Service(s) provided by V CARE ENVIRO J.V. (“Company”, “We”, “Our” or “Us”). It
is
important
that any person who uses the Services (“User”, “You” or “Your”) read the Terms
and
Conditions carefully before using the Service(s).
We have adopted these Terms & Conditions to set out the manner in which a User
can
use
Our Services (defined below) through the website
https://vcareenviro.com/ (“
Website ”) or the
mobile application Malviyanagar Jaipur SWM
(“ App ”), (collectively referred to as the
“ Platform ”) or initiate or undertake any transaction on the Platform. The
Platform
may
contain links to other websites/applications. These Terms & Conditions does not apply to
and
any third-party websites that You access or use in connection with the Services offered
on
the Platform. You understand that We are not responsible for the services provided by
such
third party website/application and You hereby undertake not to claim any damages from
Us
for any losses incurred by You from using such third party application/website. Company
shall not be liable for and has no control over the practices and content of any such
third
party website/application.
By using the Platform, You agree to abide by these Terms and Conditions as well as the
the Privacy Policy (insert hyperlink) of the Company and any other Policies (as amended
from
time to time) communicated by Us. It is hereby notified that Your authorization to usage
is
subject to You having read and understood Our Terms & Conditions, Privacy Policy and
other
Policies as may be implemented from time to time. It shall solely be Your responsibility
to
keep yourself aware of any changes in the Policies and the Company’s obligation with
respect
to providing You of due notice of such changes shall be considered discharged upon the
Company making the said updated Policies available on its Platform.
These
Terms
and
Conditions and any other terms referred to herein, including the Policies, shall
constitute
a legal agreement between You and Company. In the event, You grant access to any third
party
to Our Services under your account, then term “User”, “You”, “Your” shall by inference
include such third party and these Terms & Conditions to the extent permitted under law
shall muta-mandis apply to such third party. Notwithstanding anything to the contrary,
it
shall be Your sole responsibility to make such third party user(s) being granted access
under your authorization are aware of these Terms & Conditions as well as any other
Policy
communicated by the Company and adhere to their obligation. You and such user shall be
jointly and severally liable to indemnify Us against any claims or breach of these Terms
&
Conditions and other Policies by such user(s).
Notwithstanding anything to the
contrary wherein the Services as being provided by Us based on Your personal credentials
You
shall not grant access to such Services to any third party. In the event you fail to
abide
by the provision of this clause in addition to the above stated indemnification
liability
You shall also be liable for unauthorised usage of Services and any damages suffered by
Us
resulting thereto.
“ Account ” shall mean the unique account created by You on Our Platform to
access
and avail Our Services or any part thereof.
“ Information ” means and includes Personal Information as well as Sensitive
Personal
Information. It does not include any Information that is freely available or accessible
in
public domain.
“ Personal Information ” means all information/data/identifiers etc. that could
be
used to
identify You including but not limited to Your contact Information, Your location data
and
history, usage history, device details and data stored therein etc.
“
Policies
”
shall mean any policy, including but not limited to Privacy Policy and these Terms and
Conditions, published on the Platform and as amended from time to time.
“ Privacy Policy ” shall mean the privacy policy as published on the Platform click here and as amended from time to time.
“ Services ” means Our technology services and any material, information or any
other service available on Our Platform.
“ Sensitive Personal Information ” means sensitive personal data or
information of
a person that is capable of identifying a person, which consists of information relating
to
but not limited to:
(i) password;
(ii) financial information such as bank
account
or credit
card or debit card or other payment instrument details;
(iii) physical,
physiological
and
mental health condition;
(iv) sexual orientation;
(v) medical records and
history;
and/ or
(vi) biometric information.
For availing Our Services, You shall register and create an Account with us on Our
Platform.
The Platform and its Services are not available to those under the legal
contracting
age
under the applicable laws in Your respective jurisdiction. By accessing Our Services You
represent that You are of legal age to form a binding contract and are not a person
barred
from receiving, using, availing or accessing the Platform or its Services under
applicable
law.
We reserve the right to validate your credentials including residence or
phone
number etc. and may request documentary proofs for such validation purposes. We may
request
such additional documents as deemed necessary by Us at Our sole discretion and You shall
be
obligated to submit the same within such time as may be informed by Us. In case You deny
or
fail to submit such documents within time stipulated by Us, We reserve the right to
suspend
or limit the usage of Our Services by You.
You warrant that all Information provided by You at the time of creating the
Account, or
provided by You on Our request, is true, complete and correct. You by accepting these
Terms
and Conditions, convey that You hereby understand and agree that We may take actions to
verify any such Information provided by You.
Subject to applicable laws, We reserves the right to refuse access to the Platform, at
any time to Users or to terminate or suspend access granted to such Users at any time
without assigning any reasons thereof.
Users are prohibited from selling, trading, or otherwise transferring their Account to
another party or impersonating any other person for the purpose of creating an Account
with
the Platform
We reserve the right to change, modify, alter, improve and update the Services, at any
time, at Our discretion, and unless required under the applicable law We will be under
no
obligation to communicate such changes to You.
The Platform may contain links to third party platforms that are not owned or controlled
by Us and We have no control over, and assume no responsibility for, the content,
privacy
policies, or practices of any third party websites. By using the Platform, You
specifically
release Us from any and all liability arising from Your use of any third-party Platform.
While You are visiting or using Our Platform, You may be presented with an opportunity
to
purchase third party products or services. These products and services are offered and
supplied by independent companies not owned or operated by Us. If You click on one of
the
presented offers, You will be redirected to the site of the third party, and any
information
You provide in response to the offer will be collected and used by the third party and
not by Us. Information You provide to the third party and any dealings You have with the
third party will be governed by the privacy and other policies of that third party.
We might at Our discretion make available access to certain third party services
including payment gateways for the purpose of paying your bills or other charges. We do
not
take any responsibility for the services rendered by such third parties or data
collected by
them. Your usage of such third party services is completely voluntary.
If payment made by You exceeds the outstanding dues to be paid and same being notified
to
Us as per the due process, We shall adjust such excessive amount against any future dues
subject to the same having been credited to Our account and You performing all acts and
providing all documents as may be reasonably requested by Us.
You represent that, You have the full authority to enter into, execute and deliver these
Terms and Conditions and to perform the terms contemplated hereby.
You shall only have access and use the Services in accordance with the Terms and
Conditions and the other Policies as communicated by Us from time to time.
You represent that You are and will at all times be, in full compliance with all
applicable laws, regulations, rules (including without limitation to all applicable laws
regarding online conduct and acceptable content, privacy, data protection as per the
applicable laws).
You shall not use the Services for any unlawful purposes or in furtherance of any
illegal
activities.
You shall not infringe or misappropriate the intellectual property rights of any third
party.
You represent that all Information provided by You relying which We have grant access
and
allowed usage of Our Services is true and best to Your knowledge.
You shall use and access the Platform for the Services, to the full extent permitted
under
applicable law, You agree that:
Our Platform is made available to the Users on “as is” “where is” and “as available”
basis as described in these Terms and Conditions (as amended from time to time) without
any
express or implied warranty, representations or conditions.
Your use of the Platform shall be at Your sole risk to the fullest extent permitted by
law, and We or any of Our affiliate, director, officer, employee, licensor, distributor,
supplier, agent, reseller, owner, or operator disclaim all warranties of any kind,
whether
express or implied, in connection with the Platform and Your Use of the Services
thereof.
We makes no warranties or representations about the accuracy or completeness of the
Platform content and information or the content of any sites linked to this Platform and
assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of
content or information, (b) personal injury or property damage, of any nature
whatsoever,
resulting from Your access to and use of the Platform, (c) any unauthorized access to or
use
of Our secure servers and/or any and all Personal Information as well as Sensitive
Personal
Information stored therein, (d) any bugs, viruses, which may be transmitted to or
through
Our Platform or by any third party, (e) regarding the reliability, accuracy,
completeness,
validity or truthfulness of any information, material or other content obtained through
use
of the Platform and (f) any errors or omissions in any content or for any loss or damage
of
any kind incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via the Platform.
We make no warranties or representation that the Platform will be uninterrupted, timely,
without down-time, secure or error free or that the defects will be corrected.
We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked
website or other promotion, and We will not be a party to or in any way be responsible
for
monitoring any transaction between You and third-party providers of products or
services. No
advice or information, whether oral or written, obtained by You from Us or through or
from
the Services shall create any warranty not expressly stated in the Terms and Conditions.
We do not warrant that the servers that make this Platform available will be error,
virus, contaminant or bug free and You accept that it is Your responsibility to make
adequate provision for protection against such threats.
In no event shall We be liable to You in a contract, tort or otherwise for indirect,
special, incidental, exemplary, punitive or consequential damages of any kind whatsoever
arising out of the use or inability to use the Services provided under these Terms and
Conditions, even if You have been advised of the possibility of such damages.
Our total aggregate liability against Your claims for direct damages shall be limited to
the amounts paid by You during two (2) months immediately preceding the incident for the
use
of such Service(s).
The User agree to defend, indemnify and hold Us and Our agents, representatives, affiliate, director, officer, employee, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) any breach of the Policies including these Terms and Conditions (b) any negligence or wilful misconduct by You, or Your employees or agents or Affiliates (c) any act or omission by You in violation of its legal, statutory, regulatory or other duties or obligations in connection herewith; (d) and/or violation of any third party right, including without limitation any copyright, property, or privacy right; (e) any claim that another user submissions caused damage to a third party. (f) Wrong or illegal use of the information available on the Platform by You. This defence and indemnification obligation will survive these Terms and Conditions and Your use of the Platform.
We represent and confirm that any intellectual property rights including, without
limitation, any patents, copyrights, trademarks and trade names and confidential
information
used in connection with the Platform, as belonging to us, (the “Intellectual Property”)
actually so belongs to Us.
You shall not make use of the Intellectual Property, except in the manner stipulated
under these Terms and Conditions and the Policies, and without obtaining Our written
consent.
You shall not make use of the Intellectual Property for any illegal purpose including
acts which are prohibited under the governing law.
You shall not indulge in disassembling, decompiling or unlocking, reverse engineering,
or in any manner decoding the Platform for any reason whatsoever, including copying any
features, functions or user interfaces/graphics of the Services.
You shall not use Our name or any of Our affiliates in any sales or marketing
publication or advertisement or make any public disclosure without obtaining Our prior
written consent, except as may be legally required.
You shall not engage in any activity that may adversely affect or prejudice the
reputation or Our business.
User acknowledges and agrees that Company may create aggregated, redacted, or anonymized
forms of User data that may or may not indentify Users (“Anonymized Data”). Anonymized
data
shall be considered Company’s data and Company owns all Intellectual Property Rights in
that
Anonymous Data. The Company may use Anonymous Data for any business purpose during or
after
the term of this Agreement (including without limitation to develop and improve
Company’s
other products and services and to create and distribute reports and other materials).
We reserve the right to make changes to the Policies and these Terms and Conditions. Please review the Policies and these Terms and Conditions for updates or changes. Your continued use of the Service(s) and access to the Platform shall be deemed Your acceptance of the then current version of the Terms and Conditions.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of India, then to the extent and within the jurisdiction which that term is illegal, invalid or enforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
These Terms and Conditions along with the Policies shall be governed by and construed in accordance with the Indian law. You submit to the exclusive jurisdiction of the Jaipur courts to settle any dispute or claim which may arise under, or in respect of, these Terms and Conditions or other Policies, except where, by law, such dispute or claim must be brought in the jurisdiction in which You are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.