This document is an electronic record in terms of Information Technology Act, 2000 and rules 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 Use for access or usage of www.vpack.co.in website. Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean VPack, its franchisor, affiliates and partners.
Introduction
www.vpack.co.in website (“Website”) is an Internet based content portal operated by VPack, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.vpack.co.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Account, Registration & Security
We are not registering or signing any end-users as of now. but, if by any means a user is registered then, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we 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.
Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of www.vpack.co.in Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Communications
You hereby expressly agree to receive communications by way of SMS, e-mails from VPack relating to Services provided through the Website. If we do provide a newsletter, a User can unsubscribe/opt-out from receiving communications from VPack Newsletters sent timely at the registered email address, by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
Product/Service Descriptions
VPack attempts to be as accurate as possible. However, VPack does not warrant that product/service descriptions or other content of any of VPack Service is accurate, complete, reliable, current, or error-free.
Final Decision
Any decision taken by VPack in respect of cancellation of an order shall be final and binding on you. You hereby agree to not dispute the decision made by VPack and accept the decision regarding such cancellation.
Credit/ Debit Card Details
We do not sell products/services, hence do not take any payment details.
For any reason , if we need to take credit/debit card details, you agree, understand and confirm that the credit/debit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use a credit/debit card, which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card. You further agree and undertake to provide the correct and valid credit/debit card details on the Website. Further, the said information will not be utilized and shared by the Website with any of the third parties unless required for fraud verifications or by law, regulation or court order. VPack will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
We, 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 pre-set limit mutually agreed by us with our acquiring bank from time to time.
Legal Proceedings
In case of any damage to the repute of the VPack via this website, VPack reserves the right to recover the charges and lawyers’ fees from persons’ using the Website fraudulently. VPack reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.
Electronic Communications
When you visit the Website, talk to our team/customer care or send e-mail(s) to us, you are communicating with us electronically or telephonically. You consent to receive communications from us electronically or telephonically. We can communicate with you by e-mail, telephone, or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm
That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
Prohibited Use
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Images
We have made every effort to display the relevant images of our products/services that appear on the Website. However, we cannot guarantee that those images will be 100% accurate and related to the product/service.
Modification of Terms & Conditions
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Governing Law
All terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto.
Feedback and Information
Any feedback you provide to this Website shall be deemed to be non-confidential. VPack shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) VPack is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) VPack may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from VPack for the feedback under any circumstances.
Intellectual Property Rights
1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by VPack and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of VPack or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of VPack, the vendor or the third party that may own the Marks.
3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, VPack owns all intellectual property rights and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from VPack or thirty party owner of such Content.
Objectionable Material
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, VPack and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You shall indemnify and hold harmless VPack, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Disclaimer of Warranties and Limitation of Liability
VPack Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the www.vpack.co.in services are provided by VPack on an “as is” and “as available” basis, unless otherwise specified in writing. VPack makes no representations or warranties of any kind, express or implied, as to the operation of the www.vpack.co.in services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the www.vpack.co.in services, unless otherwise specified in writing. You expressly agree that your use of the www.vpack.co.in services is at your sole risk.
To the full extent permissible by applicable law, VPack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. VPack does not warrant that VPack services, information, content, materials, products (including software) or other services included on or otherwise made available to you through VPack services, VPack servers or electronic communications sent from VPack are free of viruses or other harmful components. VPack will not be liable for any damages of any kind arising from the use of any VPack service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any of VPack service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the system or network security may result in civil or criminal liability. VPack will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome, Mozilla Firefox).
Severability
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and VPack with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Website with respect to the Website/services.