T&C

Effective Date: December 29th 2016

Last Updated: January 19th 2018 

This Agreement governs your use of VASISTA’s services (“Services”), through which you can execute commercial transactions.

Vasista Enterprise Solutions Private Limited, a company incorporated under Indian Companies Act and has registered office in Hyderabad. Suprabhat, is a product of Vasista built as a platform for supporting invoicing and payments for commercial transactions integrated with banking systems at various phases of the Supply Chain. The solution is primarily intended to facilitate commercial transactions using mobile platform. The mobile-first solution – Suprabhatapp makes it extremely simple for Manufacturer, Aggregators, Distributors, Agents, Customers etc. to manage their daily products / commodity deliveries. Suprabhat also provides a robust and low-cost payment platform for all stakeholders involved in the sale of products / commodities and products / commodities products.

Manufacturers, Sourcing companies, Aggregators etc. can conveniently track their Sales and collect payments from their agents and distributors

Agents can use the Suprabhatapp to track all their transactions (including make and receive payments) with respect to both Companies / Suppliers and Customers right from their fingertips.

Customers can view their daily/monthly Products / commodities invoices and make digital payments to their agents.

By using the Application you agree to be bound by the Terms of Use (the “Terms of Use”). If you wish to become a user, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

The Terms of Use sets out the legally binding terms for your use of the Application. You are responsible for reviewing any applicable changes. Please read them carefully. The Terms of Use and the Vasista’s Privacy Policy, incorporated herein by reference, govern your access to and use of the Application. The Terms of Use are a legal agreement between you and Vasista and apply to you when you download the Application.
All Transactions are considered final from your end based on which VASISTA shall facilitate processing of transactions based on feasibility subject to availability and other risks in concluding the commercial transaction. Prices indicated and amounts displayed may change at any time. If technical problems prevent or unreasonably delay delivery your exclusive and sole remedy is to deal with your customer / vendor displayed in the Suprabhat mobile app.


YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE “Sign Up” BUTTON OR BY DOWNLOADING OR USING THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHALL NOT ACCESS OR USE THE APPLICATION AND DELETE YOUR PROFILES.

 

1. Basic Principles.

Please read all of the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the Application:

• You must be 18 years or older to use the Application.

• If your Suprabhat account is terminated for any reason, you may not create another Suprabhat account without our express prior written permission to do so.

• Suprabhatapp is only a digital platform to facilitate trade. Vasista does not own any responsibility for the delivery or trade related issues generated using the platform. Manufacturers, Distributors, Retailers and other users are solely responsible for providing adequate waiver or consent requests to customers / distributors and monitoring resultant trade.

2. Modification.

Vasista reserves the right, at its sole discretion, to modify, discontinue or terminate the Application at any time without prior notice

Vasista reserves the right, at its sole discretion, to modify the Terms of Use, at any time and without prior notice. If we modify the Terms of Use, we will post the modification on the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in the Terms of Use. By continuing to access or use the Application after we have posted a modification to the Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the Terms of Use, whether modified or not, are not acceptable to you, you must cease accessing and using the Application.

3. Account Registration and Eligibility.

3.1 Residence; Age Requirement; Authority.

In order to use any of the Application, you must be in a country in which Vasista is legally authorized to operate the Application and be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the Application.

3.2 Registration.

To use any aspect of the Application and become a “User”, you must download the Application, and create an account where you will provide certain information depending on whether you are a Manufacturer, Distributor, Retailer, Agent, Customer or Stakeholder in the supply chain.

To use additional features you will need to provide additional information, including but not limited to, profile picture, access to your calendar, and location. All of the registration information you provide to Vasista is referred to as your “Account Information”. You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Vasista will use your Account Information in accordance with its privacy policy. When registering on your mobile device, the Application will document your mobile device using a "device token" and/or an identifier assigned by Vasista. This is a number different from your unique mobile device identification (such as “UDID”) or phone number. By providing the Application with access to your mobile device, you consent to Vasista using the Application to send you Application-related notices on your mobile device through push notification, including among other things notices required by law, in lieu of postal mail. You may not opt out of Application-related messages sent through the Application. We may also use the Application to send you other messages, including information about the Application and special offers. To end notification and messaging to you through the Application, you must uninstall the Application.

3.3 Connectivity

You will be responsible for providing the mobile device, network connection and any other hardware and software necessary to use the Application.

3.4 Account Confidentiality.

You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Vasista will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless Vasista and its subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

3.5 Security.

To prevent unauthorized access, to maintain data accuracy and to ensure the appropriate use of Account Information, Vasista uses appropriate, commercially reasonable physical, technical and administrative procedures to safeguard the information we collect.

4. Fees.

4.1 Application Fees.

Access to and use of the application is free, but in the future, Vasista reserves the right to charge a fee for any portion of the Application or the services provided therein. Such fees would differ depending on the type of access you have to the Application e.g. as a Manufacturer, Aggregator, Distributor, Retailer, Agent or any other stakeholder in the supply chain. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Application after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the Application. If Vasista suspends or terminates your account and/or access to the Application because you have breached the Terms of Use or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.

4.2 Third Party Fees

Vasista will use commercially reasonable means to create a payment module within the Application to allow users to collect and pay product / commodity values or fees for services, goods, or other fees as applicable from users. When using said payment modules, all users shall pay all applicable third party payment processor and gateway fees, customs, duties, sales, use, value added or other taxes, central, state or otherwise, however designated, which are levied or imposed upon user for using the payment module.

4.3 Abuse and manipulative behaviour

From time to time, VASISTA may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles VASISTA to a corresponding counterclaim.

4.4 Transaction Cancellation

Refund for cancelled transactions are subject to approval by the Manufacturer, Aggregator, Supplier, Distributor or any other sourcing agency of the product. All the refunds approved by such agency shall be processed subject to terms and conditions of the Payment Gateway provider within 15 days.

5. Your Content.

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our Application (“Your Content”), you understand and agree that:

a. You will continue to own and be responsible for Your Content;

b. Vasista will not sell Your Content to any third party;

c. our use of Your Content will be subject to the Vasista Privacy Policya>;

d. You are giving Vasista the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve the Application, including new services that Vasista may provide in the future;

e. In using Your Content for these purposes, Vasista may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our Application which you use; and

f. Vasista may share Your Content with third parties that Vasista works with to help provide, promote, develop and improve our Application, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our Application)

6. License to the Application.

6.1 License Grant.

Vasista grants to you a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the Application, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Application. Vasista reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

6.2 Updates.

Vasista may from time to time make available to all users of the Application, updates at no cost or subject to additional fees in Vasista’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Application that Vasista makes available generally to users of the Application. Notwithstanding anything else contained in this Agreement, Vasista will have no obligation to continue producing or releasing new versions of the Application or any updates thereto.

7. General Prohibitions.

You agree not to do any of the following while using the Application:

You agree not to do any of the following while using the Application:

a. Use the Application in a manner inconsistent with any and all applicable laws and regulations;

b. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);

c. Bully, intimidate, or harass any User;

d. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

e. Sell or otherwise transfer your profile;

f. Do anything that could disable, overburden, or impair the proper working or appearance of Vasista such as a denial of service attack or interference with page rendering or other Vasista functionality;

g. Use the Application for the benefit of any third party or in any manner not permitted by the Terms of Use;

h. Use the Application to reproduce copyrighted materials;

i. Collect or store any personally identifiable information from the Application from other users of the Application without their express permission;

j. Make the Application available over a network where it could be used by others;

k. Provide your Account Information, including your password, to any other person;

l. Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Application or any portion of them, except as expressly allowed under applicable law;

m. Circumvent any technology used by Vasista or its licensors to protect communications via the Application;

n. Rent, lease or sublicense any of the Application;

o. Use the Application in any way that violates the terms of this Agreement or other Vasista policies; or

p. Encourage or enable any other individual to do any of the foregoing.

Vasista will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Application security issues, to the fullest extent of the law. Vasista may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that Vasista has no obligation to monitor your access to or use of the Application or to review or edit any content, but has the right to do so for the purpose of operating the Application, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Vasista reserves the right, at any time and without prior notice, to remove or disable access to any content and any User, that Vasista in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Application.

8. Ownership.

The Application is protected by copyright, trademark, and other laws. Except as expressly provided in the Terms of Use, Vasista and its licensors exclusively own all right, title and interest in and to the Application, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.

Your content is fully owned by you and your licensors.

8.1 Copyrights.

As between you and Vasista you acknowledge that Vasista owns or has a license to all title and copyrights in and to the Application. All title and intellectual property rights in and to the licensed content in the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

8.2 Vasista Trademarks and Third-Party Trademarks.

The following are registered trademarks or trademarks of Vasista: Vasista and its design logo, as well as certain other Vasista trademarks, service marks, graphics, and logos (collectively, the “Vasista Trademarks”) used in connection with the Application. The Application may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.

9. Security.

The Application may use technology to protect the digital information shared through the Application from unauthorized use for several features. Your use of the Application may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, Vasista may modify or discontinue using such technology. Security modifications made by Vasista may from time to time include required updates to the Application. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

10. Privacy.

Vasista cares about your privacy. It is important that you read and understand the terms of Vasista’s Privacy Policy. Vasista may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Application.

11. Termination.

Without limiting other remedies, Vasista may at any time suspend, terminate, or refuse to provide you with access to the Application. If Vasista terminates, disables or suspends your access to the Application for any reason your will not create another Vasista account without first receiving Vasista’s express written permission to do so. Vasista may notify authorities or take any actions it deems appropriate, without notice to you, if Vasista suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of the Terms of Use or any policies or rules established by Vasista; or (ii) engaged in actions relating to or in the course of using the Application that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, Vasista any other third-parties, or the Application.

Without limiting any other terms of the Terms of Use, you may stop using the Application and delete your Account Information at any time by uninstalling the Application from your mobile device.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Application. Furthermore all licenses and other rights granted to you by the Terms of Use will immediately cease. Vasista will not be liable to you or any third-party for termination of the Application or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE APPLICATION WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE APPLICATION THEREAFTER.

Any suspension, termination or cancellation will not affect your obligations to Vasista under the Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

12. Links to Third Party Websites and Services.

The Application, and communications sent through the Application, may contain links to or information regarding third-party websites or resources, including, but not limited to, service providers facilitating payments. You acknowledge and agree that Vasista is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

You acknowledge that you are subject to the terms and conditions of such Third Party resources when you use their services enabled or accessible through the Application. Further, links to such websites or resources do not imply any endorsement by Vasista of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Vasista is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Application.

13. Accessing and Downloading the Application from the App Store.

While the Application can be downloaded from several platforms, the following terms apply to those users who have downloaded the application from the App Store Provider App Store (“App Store Sourced Application”):

• You acknowledge and agree that (i) these Terms of Use are concluded between you and Vasista Your use of the App Store Sourced Application must comply with the App Store Terms of Use.

• You acknowledge that App Store provider has no obligation whatsoever to furnish any maintenance and support Application with respect to the App Store Sourced Application.

• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify App Store Provider, and App Store Provider may at their sole discretion refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, App Store Provider will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Vasista and App Store Provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vasista.

• You and Vasista acknowledge that, as between Vasista and App Store Provider, App Store Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• You and Vasista acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Vasista and App Store Provider, Vasista not App Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.

• You and Vasista acknowledge and agree that App Store Provider, and App Store Provider's subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

• Without limiting any other terms of these Terms of Use, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

14. Special Notice for International Use; Export Controls.

You agree to comply fully with all Sovereign and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) you are not located in a country that is subject to trade restriction or activities such as a "terrorist supporting" country; and (ii) you are not listed on any Government list of prohibited or restricted parties.

15. General Practices Regarding Use and Storage.

You acknowledge that Vasista may establish general practices and usage limits on the Application. This may include the length of time we store your data as well as your maximum allotted free data exchange. You agree that Vasista is not responsible or liable for the deletion or failure to store any data or other content maintained by the Application. You further acknowledge that we may change these general practices and limits at any time without notice.

16. Disclaimers.

EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:

THE APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS ARE LICENSED TO YOU “AS IS.” ANY USE OF THE APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VASISTA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VASISTA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VASISTA DISCLAIMS ANY LIABILITY RELATING THERETO.

VASISTA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, VASISTA MAY MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER VASISTA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. VASISTA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SOME OF THE CONTENT, PRODUCTS, AND APPLICATION AVAILABLE THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT VASISTA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR APPLICATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VASISTA OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Vasista is not responsible for any incorrect or inaccurate content exchanged through the Application including any consents to activities or payments. Vasista is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Vasista be responsible for any loss or damage, including personal injury or death, resulting from use of the Application or from any content therein, whether online or offline.

17. Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION AND ANY CONTENT THEREIN REMAINS WITH YOU. NEITHER VASISTA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VASISTA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT VASISTA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL VASISTA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED THE GREATER OF (1) ONE THOUSAND INDIAN RUPEES AND (2) THE FEES PAID IN THE SIX MONTHS PRIOR TO THE CLAIM ARISING. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VASISTA AND YOU. THIS LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS INTENDED ONLY FOR THOSE JURISDICTIONS WHERE PERMISSIBLE.

18. Indemnity.

YOU WILL INDEMNIFY AND HOLD VASISTA ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE APPLICATION.

19. General.

19.1 Entire Agreement.

The Terms of Use (including the Privacy Policy) constitutes the entire and exclusive understanding and agreement between Vasista and you regarding the Application, and the Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Vasista and you regarding the Application.

19.2 Assignment.

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without Vasista’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null and of no effect. Vasista may freely assign the Terms of Use. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

19.3 Notices.

You consent to the use of: (i) electronic means to complete the Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to the Terms of Use or your use of the Application. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms of Use, will be in writing and given by posting to the Application.

19.4 Controlling Law and Jurisdiction.

This Agreement will be governed by the laws of India, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Vasista or relating in any way to your use of the Application will be in the state of Telangana.

19.5 Waiver.

The failure of Vasista to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vasista. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect.

20. Contacting Vasista.

If you have any questions about the Terms of Use, please contact Vasista at info@vasista.in

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Vasista Enterprise Solutions Pvt Ltd (VASISTA) for making payments through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service provider, through VASISTA website i.e. https://live.dailyordersapp.in Each User is therefore deemed to have read and accepted these Terms and Conditions.

A. Privacy Policy

VASISTA respects and protects the privacy of the individuals that access the information and use the services provided through them. Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the User’s permission, as covered in this Privacy Policy.

This Privacy Policy describes VASISTA's treatment of personally identifiable information that VASISTA collects when User is on the VASISTA's website. VASISTA does not collect any unique information about the User (such as User’s name, email address, age, gender etc.) except when the User specifically and knowingly provides such information on the Website. Like any business interested in offering the highest quality of service to clients, VASISTA may, from time to time, send an email and other communication to the User tell them about the various services, features, functionality and content offered by VASISTA website or seek voluntary information from you.

Please be aware, however, that VASISTA will release specific personal information about the User if required to do so in the following circumstances:

a) in order to comply with any valid legal process such as a search warrant, statute, or court order, or

b) if any of User’s actions on VASISTA's website violate the Terms of Service or any of VASISTA's guidelines for specific services, or

c) to protect or defend ’s legal rights or property, the VASISTA site, or VASISTA Users; or

d) to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, the integrity of VASISTA website/offerings.

B. General Terms and Conditions For Online-Payments

1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on VASISTA's website or alternatively enter his/ her consumer number and billing unit number and pay their latest bill(s) in any other manner as may be specified by VASISTA from time to time.

2. VASISTA's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of the Government of India, and nothing contained in these Terms and Conditions shall be in derogation of VASISTA's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by VASISTA with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of VASISTA .

3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

4. These Terms and Conditions constitute the entire agreement between the User and VASISTA . These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and VASISTA . A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5. The entries in the books of VASISTA and/or the Payment Service Providers kept in the ordinary course of business of VASISTA and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

6. Refund For Charge Back Transaction: In the event, there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach VASISTA with his/ her claim details and claim a refund from VASISTA alone. Such refund (if any) shall be effected only by VASISTA via payment gateway or by means of a demand draft or such other means as VASISTA deems appropriate. No claims for refund/ chargeback shall be made by any User to the Payment Service Provider(s) and in the event, such claim is made it shall not be entertained.

7. In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or net banking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

8. Refund for fraudulent/duplicate transaction(s): The User shall directly contact VASISTA for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by VASISTA alone in line with their policies and rules.

9. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact VASISTA via e-mail or any other mode of contact as provided by VASISTA to confirm payment.

(ii) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).

C. Limitation of Liability

1. VASISTA has made this Service available to the User as a matter of convenience. VASISTA expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that VASISTA reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2. VASISTA and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the VASISTA and/or the Payment Service Providers, its employees, directors, and its third-party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

3. VASISTA and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Payment Gateway or Services in connection thereto; and/ or

(ii) any interruption or errors in the operation of the Payment Gateway.

4. The User shall indemnify and hold harmless the Payment Service Provider(s) and VASISTA and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.

5. The User agrees that VASISTA or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond VASISTA's reasonable control.

D. Miscellaneous Conditions :

1. Any waiver of any rights available to VASISTA under these Terms and Conditions shall not mean that those rights are automatically waived.

2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that VASISTA or the Payment Service Provider(s) have no control over such matters.

3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, VASISTA does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4. VASISTA , the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by VASISTA on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

i. Choose a new password, whenever required for security reasons.
ii. Keep his/ her User ID & Password strictly confidential.
iii. Be responsible for any transactions made by User under such User ID and Password.

The User is hereby informed that VASISTA will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her VASISTA account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

E. Debit/Credit Card, Bank Account Details

1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

2. The User may pay his/ her dues/ bills to VASISTA by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

i. The User is fully and lawfully entitled to use such credit/debit card, bank account for such transactions;

ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

iii. The User is authorizing debit of the nominated card/ bank account for the payment of dues/ settlement of bills selected by such User along with the applicable Fees.

iv. The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

F. Personal Information

1. The User agrees that, to the extent required or permitted by law, VASISTA and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to VASISTA . The User agrees to be contacted via e-mail on such mails initiated by him/ her.

3. In addition to the information already in the possession of VASISTA and/ or the Payment Service Provider(s), VASISTA may have collected similar information from the User in the past. By entering the Website the User consents to the terms of VASISTA's information privacy policy and to VASISTA's continued use of previously collected information. By submitting the User’s personal information to VASISTA , the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

G. Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay bills online. VASISTA's or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.

Vasista Enterprise Solutions Pvt. Ltd.

Vasista is focused on the development of cost-effective software products and solutions catering to complex agri-supply chains. Vasista’s market leading products have been deployed across some of the largest dairies in India.

COMPANY ADDRESS

2nd Floor, Sri Rasi Silica, Plot No. 1-98/K/19/T Krithika Layout, (Opp. Image Garden Function Hall), Madhapur, Hyderabad, Telangana 500081

Ramya Bharath:+91 8179534628

Email:info@vasista.in