My Vocal4local
TERMS AND CONDITIONS
Terms & Conditions
myvocal4local, a product of My Vocal4Local herewith
putting Terms of Use to End User, as may be amended from time to time (“Agreement") constitutes a legal agreement between you, either an individual or a legal entity (“You", “Your", “Yourself" or “Legal User") and My Vocal4Local, having its registered office at 15, Vimla Niwas, Gogtewadi, Near Sanmitra School, Goregaon (East) Mumbai 400063, India (“We", “Us", or “Company"), having website at https://myvocal4local.in/ (“Website") and any related services.
IMPORTANT: BY ACCESSING OUR WEBSITE, YOU ACCEPTAND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT – YOU SHOULD
NOT ACCESS THE WEBSITE FROM YOUR MOBILE DEVICE (AS DEFINED BELOW) , IF APPLICABLE.
1. Using the myvocal4local
Once you have registered on MyVocal4Local, You will be able to view your business profile page on the Website, Claim, modify and delete any of the contact information which appears about You there under. Including, inter alia, Your name, company, job title, phone numbers, email address, social media profiles, picture, and company's logo (“Contact Details"). If you encounter any
difficulties with Claiming, modifying or deleting any of your Contact Details, please send us an email to: support@myvocal4local.in
2. If the registration was created other than yourself, you will be sent an email by the respective link of your listing through website, where you can click the link and review your business listing and Claim it. We rely solely on such listing representations and warranties that she/he received your explicit permission to create your business listing. If you do not want to have your listing on Our Website and/or any of Your Contact Details modified/removed, you may simply do so by visiting the Website or otherwise sending us an email to the email address above. We will only share Your Contact Details on website which represent and warrant to us that they have received your explicit permission. If you suspect that business listing has been edited by another person who was not permitted by you, please notify us immediately at the address mentioned above
2.1. You understand and agree that You are solely responsible for all the information you have provided on your business listing page on www.myvocal4local and the consequences of using the Contact Details which appear there under. You represent and warrant that You have (and will continue to have during Your use of the website) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement, and/or otherwise to use the Contact Details in the manner contemplated by this Agreement.
2.2. You hereby further undertake not to interfere with or violate other individuals' rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without their express consent.
3. Representations and Warranties As a condition to Your use of the Website, You hereby represent and warrant that:
3.1. You are at least 18 years of age and possess the legal authority to enter into this Agreement, to use the Website in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder;
3.2. You are financially responsible for Your use of this Website;
3.3. the execution of this Agreement does not and will not violate any other agreement to which You are bound, including, without limitation, any terms of use of any applicable social media platform;
3.4. Your use of the Website has not been previously suspended, nor Your access to the Website has been previously blocked by Us.
4. Use Restrictions
4.1. While using Our Website, there are certain types of behaviours which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of your use of the Website and may expose You to civil and/or criminal liability.
4.2. You may not, whether by Yourself or anyone on Your behalf:
4.2.1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the
Website, including but not limited to, other users' Contact Details;
4.2.2. create a browser, frame, border environment or GUI around the Website;
4.2.3. interfere with or disrupt the operation of the Website, or the servers or networks or disobey any laws or regulations or
requirements, procedures, policies, or regulations of such servers or networks;
4.2.4. publish or make use in any way any information about users of the Website including ,inter alia, any Contact Details , without their expressed consent.
4.2.5. impersonate any person or entity or provide false or misleading Contact Details and/or other personal information;
4.2.6. transmit or otherwise make available through or in connection with any virus, “worm", “Trojan Horse", “time bomb", “web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
4.2.7. use the Website or other Contact Information for any illegal, unlawful or unauthorized purposes;
4.2.8. use the Website for any commercial or other non-personal purposes, including any usage which generates any revenues,
whether directly or indirectly, without Our prior written consent.
4.2.9. use the Website and/or Contact Details for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users.
5. Intellectual Property Rights
The Website
5.1. The Website, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Haystack Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted,
expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
The Online Cards
5.2. Any Contact Details, including, inter alia, the companies' logos and trademarks and the Online Card Owners' photos, shall
remain vested with their applicable owners, and the use of the Website as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce,
distribute, transmit, prepare derivative works of, display and make available to other Online Card Owners any of the Contact Details.
6. Account and Security
6.1. In order to become a user, You must first provide us with your email address and password. The details You voluntarily provide us with shall be kept in confidence, and in accordance with our Privacy Policy.
6.2. You are solely and fully responsible for all activities that occur in Your User Account or under Your name as a User. We
cannot and will not be liable for any loss or damage arising from (i) Your failure to comply with this Agreement; (ii) any breach of security; (iii) any activity under Your User's Account conducted by others on Your behalf and/or under Your supervision, whether or not Company was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of
Company or others due to any such use.
6.3. If You would like to close Your User Account and discontinue, You should contact Our support services staff at support@myvocal4local.in. We will assist You in closing Your User Account as long as You are acting in good faith and are committed to meet any of Your pending obligations.
7. Trademarks
“myvocal4local", Our product logo and other commercial identifiers are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
8. Limitation of Liability
THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE E SMART DIGITAL CARD ON YOUR RESPECTIVE MOBILE DEVICE, THE USE OF THE WEBSITE , YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE
WEBSITE , REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to defend, indemnify and hold Us, Our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third
party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the eSamrt Digital Card. This defence and indemnification obligation will survive this Agreement.
10. Copyright Agent
We respect the intellectual property rights of others, if You believe that any content displayed through the Website is infringing Your rights, including, but not limited to circumstances leading You to believe that content relating to any of Your Contact Details have been copied in a way that constitutes copyright infringement, please provide the following information in writing to Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that You claim has been infringed; (iii) A description of the material that You claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Haystack to locate the material; (iv) Information so that We can contact You, such as address, telephone number and e-mail address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Copyright Agent can be reached at the following address: support@myvocal4local.in.
11. General
11.1. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
11.2. Any claim relating to the website or its use thereof will be governed by and interpreted in accordance with the laws of the
India without reference to its conflict-of-laws principles.
11.3. Any dispute arising out of or related to your use of the Website and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the India. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
11.4. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will
be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
11.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
11.6. This Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter
herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and the Company.
12. Complaints
If You feel that any of Your personal rights has been compromised by the Service, please contact Us at: support@myvocal4local.in and We will exert Our best efforts to address Your complaint.
13. Refund Policy
For Individual..
Once purchached the Card, amount shall not be refundable.
For Corporate..
Given the nature of work on customized design of the card, once approved by the Client, it shall be sole discretion of the Company to refund or credit back the amount received from the Client, subject to adjustment and set off of the expenses met and expenses incurred therein by the Company. Once the programming is done on approved card, the Company in no case shall be liable to refund any amount to the Client.