VyapaarKhata is the entity behind the operation of a website and mobile applicatin. This application is accessible through platforms such as Google Play Store and iOS. Additionally, the Company manages a website with the URL https://www.vyapaarkhata.com/ (referred to as the "Website"). Collectively, the App and the Website are denoted as the "Platform."
The following set of terms and conditions (referred to as the "Terms") dictate the utilization and access of both the Platform and the provided services (referred to as the "Services").
These Terms establish a legally binding agreement between the Company and any user (referred to collectively as "you"), which includes both Users as defined below and any end users of the Services. By accepting these Terms, you affirm and guarantee that:
The Platform serves a dual purpose: (i) offering an online digital ledger or record book where users ("Users") can document their ledger entries alongside their individual customers, and (ii) enabling Users to create payment links. These links can be shared with their respective customers, who can then utilize them to fulfill their payment obligations to the Users. This combined functionality is referred to as the "Services." It's important to note that, within this clause, the term "Services" encompasses any additional services that the Company currently provides or intends to offer in the future.
1) To access the Services, a User needs to establish a profile or sign up on the Platform ("Profile"). This entails using their email address and phone number, alongside other necessary particulars. Along with creating a username and password for their Profile, the User will be required to provide various details. These details encompass, but are not limited to, phone numbers as well as information about their customers and businesses. The User guarantees the accuracy and truthfulness of all information provided in connection with their Profile, and commits to maintaining this accuracy throughout. Additionally, the User agrees and commits to promptly updating their details on the Platform in case of any alterations or modifications to said details.
2) The User bears exclusive responsibility for upholding the security and confidentiality of their username and password. They also undertake to promptly inform the Company in writing at support@vyapaarkhata.com if there is any instance of disclosure, unauthorized usage of their Profile, or any security breach concerning their Profile.
3) The User explicitly acknowledges their responsibility and accountability for all actions conducted via their Profile, whether related to Service utilization or otherwise. The Company distinctly disclaims any liability for any instances of unauthorized access to a User's Profile.
4) The User consents to receiving communications from the Company encompassing the following: (i) details pertaining to transactions documented on the Platform, (ii) payment requests, (iii) information about the Company and its Services, (iv) promotional offers and services from the Company and its third-party partners, and (v) any other matters associated with the Services.
1) The Company might necessitate Users to upload specific information and documents. These may be essential to establish their qualification for utilizing particular aspects of the Services, which include, but are not restricted to, their identification documents (KYC Documents).
2) The User grants authorization to the Company and any potential third-party service provider it collaborates with, in connection with Platform usage, to process KYC Documents for the purpose of verifying the User's eligibility. The processing carried out by the Company will adhere to its Privacy Policy and these Terms. It's important to clarify that the handling of KYC Documents by a third-party service provider will be governed by the privacy policy of that respective third party.
3) The User grants authorization to the Company and any potential third-party service provider it collaborates with, in connection with Platform usage, to process KYC Documents for the purpose of verifying the User's eligibility. The processing carried out by the Company will adhere to its Privacy Policy and these Terms. It's important to clarify that the handling of KYC Documents by a third-party service provider will be governed by the privacy policy of that respective third party.
4) TThe User acknowledges the possibility of being requested to provide supplementary documents whenever deemed necessary by the Company or any of its third-party service providers. Should such a situation arise, and if additional information, data, or documentation is needed, the User agrees to comply.
1) The User affirms and guarantees that all information furnished through or concerning the Services is accurate, comprehensive, authentic, and correct from the moment of accepting these Terms. Furthermore, the User assures that this accuracy, completeness, truthfulness, and correctness will be upheld throughout their usage of the Platform.
2) The Company does not assume responsibility or liability for any potential loss or harm the User might undergo due to inaccuracies, incompleteness, inaccuracy, or misrepresentation in the information, documentation, material, or data provided to access the Services. Additionally, if the User neglects to disclose any essential information, the Company is not responsible for any ensuing consequences.
3) The User is entirely accountable for ensuring adherence to relevant laws and will bear sole responsibility for any liabilities arising from a breach of their obligations in this regard.
4) The User is obligated to provide full cooperation to the Company in its defense against any legal actions that may arise due to a breach of the User's obligations or commitments as outlined in these Terms.
5) Although the Company strives to employ reasonable commercial measures to offer Users a daily backup of their Transaction Information, it is recommended that Users independently and consistently save, back up, and archive this Transaction Information on their own.
6) The User is restricted from employing the Services in any way other than explicitly permitted within these Terms. Without constraining the scope of the preceding statement, the User is prohibited from:
The User must not violate, either directly or indirectly, the proprietary rights of any third party, which includes but is not limited to copyrights, patents, trademarks, or trade secrets.
Except as explicitly permitted under these Terms:
1) All ownership, title, and interests pertaining to the Platform and Services, including all intellectual property rights arising from them, are either owned by the Company or are rightfully licensed by the Company. Provided that these Terms are adhered to, the Company extends to the User a limited, non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable license to use the Platform and Services in accordance with these Terms and any written instructions issued periodically.
2) Users should consider that all the content visible or readable on the Platform is safeguarded under the Indian Copyright Act, 1957, and other intellectual property laws of India. This content cannot be used without prior written permission from the Company.
3) The Company reserves the freedom to utilize, copy, disclose, publish, display, and distribute the User's intellectual property without any requirement for royalty payment, acknowledgement, prior consent, or any other type of constraint.
4) Except as explicitly mentioned in these Terms, nothing within these Terms can be construed as granting any right or license to the intellectual property rights of the Company or any third party.
5) The contents within this Platform, which include but aren't limited to the text and images found here and their arrangements, are copyright-protected in their entirety and in every part. This ownership belongs to the Company, and any usage, sale, licensing, copying, or reproduction of these contents in whole or in part, on any media or to any individual, is prohibited without the Company's prior written consent.
These Terms shall persist in effect until terminated in alignment with the conditions outlined below.
1) The Company reserves the right to instantly terminate a User's access to or use of the Services, or any part thereof, at any time and at its sole discretion, if the User violates or breaches any of its responsibilities, obligations, or agreements established within these Terms.
2) Upon termination, these Terms shall conclude, except for the clauses that are expressly designed to endure termination or expiration.
3) Despite any contrasting provision within the Terms, once a User's access to or use of the Services is terminated, any outstanding amounts or dues resulting from the User's use of or access to the Services shall become immediately payable.
1) Your utilization of the Services is exclusively at your own risk.
2) You recognize and consent that the Company is not engaged in offering, furnishing, or disbursing any financial products. The Company is neither responsible nor liable for any claims or damages incurred by Users, Users' customers, or any other individuals or parties, directly or indirectly linked to, or originating from the same. This includes any payments made by Users or Users' customers using payment links generated through the Platform. Additionally, the User agrees and commits to retaining proof of sale documentation, whether in electronic or physical form, associated with each payment link generated or transmitted to customers.
3) To the extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. The Company does not guarantee uninterrupted or error-free operation of the Services, nor does it assure that the functions within the Services will meet your specific requirements.
4) To the maximum extent permissible under applicable law, the Company unequivocally disclaims all forms of warranties, whether express or implied, arising from the Services. These include warranties of merchantability, fitness for a specific purpose, satisfactory quality, accuracy, title, non-infringement, compatibility, applicability, usability, appropriateness, and any warranties that may arise from the course of performance, dealing, or trade usage.
5) You hereby acknowledge full responsibility for any outcomes resulting from your use of the Services. You explicitly agree and acknowledge that the Company bears no liability whatsoever in connection to these outcomes.
6) To the fullest extent permissible by law, the Company, its affiliates, and related parties collectively disclaim any and all liability to you for any losses or damages arising out of or due to:
a) Your utilization of, inability to utilize, or presence or absence of availability of the Services, which includes any Third Party Services.
b) Instances of defects, interruptions, or delays in the functioning or transmission of information to, from, or within the Services, communication failures, theft, destruction, or unauthorized access to the Company's records, programs, services, server, or other related infrastructure linked to the Services.
c) The inability of the Services to remain operational for any given period.
d) Despite anything contrary mentioned here, neither the Company nor any of its affiliates or related parties shall bear liability, either directly or indirectly, to you or any third party, for any indirect, incidental, special, or consequential damages, or any loss of revenue or profits, originating from or related to these Terms or the Services.
e) To the fullest extent permissible by law, you consent to relinquish, release, exempt, and safeguard the Company, its affiliated and subsidiary companies, its parent companies, as well as each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action resulting from the Services.
1) You consent that the Company, along with any third-party service providers it collaborates with, may gather and utilize your information, technical data, and associated details in accordance with its Privacy Policy.
2) The Company is entitled to use information and data concerning your utilization of the Services for analytical purposes, identification of trends, and statistical analysis. This usage aims to further enhance the efficiency and effectiveness of the Platform.
3) Under the purview of applicable laws, the Company might be obliged by law enforcement agencies, governmental entities, and related bodies to disclose User data related to criminal proceedings. In such cases, you recognize and accept that the Company retains the right to share such data with the relevant agencies or bodies.
The Company retains the privilege to impose a convenience fee for the Services, and failure to make payment might lead to the Services being denied.
The Company maintains the authority to, at any point, include, alter, or terminate the Services (or any segment thereof), either temporarily or permanently, with or without reason. The Company shall not be held accountable for any such inclusion, alteration, suspension, or termination of the Services.
These Terms shall be governed by, interpreted, and enforced in accordance with the laws of India. Except as otherwise provided in this Clause, the courts in Bangalore shall hold exclusive jurisdiction over all matters stemming from these Terms or the usage of the Services.
Any conflicts, disagreements, disputes, or variances arising from these Terms shall be resolved through arbitration in Bangalore. This arbitration process will adhere to the Arbitration and Conciliation Act, 1996, which is currently in effect and is considered integrated into this Clause. The arbitration panel will comprise 1 (one) arbitrator designated by the Company. The arbitration proceedings will be conducted in English.
Both parties engaged in arbitration will uphold the confidentiality of the process and refrain from disclosing any details to individuals other than those with a need to know or legal advisors, unless obligated by law. The decision of the arbitrator will be conclusive and binding upon all Parties involved.
Each party engaged in arbitration will bear its own expenses related to any dispute.
Modification: The Company retains the right to modify these Terms at any time and to introduce new or additional terms or conditions governing the use of the Services. Such changes and additional terms will be communicated to you and, unless expressly declined (in which case these Terms will terminate), will take immediate effect and become part of these Terms. If you reject these changes, these Terms will be terminated.
Severability: If any provision within these Terms is deemed unlawful or unenforceable by any court or competent authority, the other provisions of these Terms will remain valid. If any part of an unlawful or unenforceable provision could become legal or enforceable by removing specific elements, those elements will be considered removed, and the remaining part of the provision will remain valid (unless this would contradict the clear intent of the clause, in which case the entire relevant provision will be treated as removed).
Assignment: Without prior written consent from the Company, you are prohibited from licensing, selling, transferring, or assigning your rights, obligations, or commitments under these Terms. The Company may grant or withhold this consent at its sole discretion and subject to any conditions it deems appropriate. The Company is authorized to assign its rights to affiliates, subsidiaries, parent companies, or any successors in interest of businesses connected to the Services without prior notification to you.
Notices: All notices, requests, demands, and decisions intended for the Company under these Terms (except regular operational communications) should be sent to feedback@vayapaarkhata.com.
Third Party Rights: No third party holds the right to enforce any terms included herein.
Translations: The Company may provide translated versions of these Terms to help you understand them more comprehensively. However, the English version of these Terms will prevail in all aspects. In cases of inconsistency between the English version and any translated version, the terms of the English version will take precedence.
1) VyapaarKhata website and VyapaarKhata Apps entities may reach out to you using the contact information you have provided during your engagement with us, including activities like signing up, making transactions, or using third-party products or services on the VyapaarKhata Platform.
2) We will deliver communication alerts through emails, SMS, push notifications, or other advanced technologies.
3) You acknowledge that there could be interruptions in communication beyond our control, such as your phone being switched off, incorrect email addresses, or network disruptions.
4) You agree not to hold VyapaarKhata accountable for non-delivery of alerts or any losses you experience due to communication delays, distortions, or failures.
5) You also recognize your responsibility for keeping your contact details up-to-date and agree to inform us of any changes.
6) By granting us authority, you allow us to contact and communicate with you regarding VyapaarKhata Services or Offers.
7) We might employ third-party service providers to transmit alerts or communicate with you. You authorize VyapaarKhata and VyapaarKhata Entities to bypass the "Do Not Disturb" settings to contact you via calls, SMS, emails, or any other mode of communication.
We are accountable for managing the resolution of grievances or complaints from the customers who are using our application.
You can access customer support by adhering to the guidelines outlined here: https://www.vyapaarkhata.com/contact.php
If your concern remains unresolved, you can also contact us via email at grievance@vyapaarkhata.com.
