PRIOR TO BECOMING A MEMBER OF (DELIVERY TRACK APP) YOU MUST READ, AGREE AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THE RELEVANT USER AGREEMENT BELOW.
(DELIVERY TRACK APP) USER AGREEMENTS
- BY CLICKING "I ACCEPT", "I AGREE", "PROCEED", OR "CONTINUE", AS APPLICABLE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY CLICKING A HYPERLINK THERETO OR YOUR CONTINUED USE OF THIS SITE, OR "DOWNLOAD" THE APP (DELIVERY TRACK)YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND FULLY COMPLY WITH EACH AND EVERY PROVISION OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (INCLUDING ANY POLICIES), AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME ONLINE EVEN WITHOUT NOTICE.
- IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
- YOU MAY NOT ACCESS THE SERVICES IF YOU ARE OUR DIRECT COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES WITHOUT OUR PRIOR WRITTEN CONSENT.
This Agreement describes the terms and conditions that govern your use of the Site or App. This Agreement and our policies constitute the entire agreement in relation to the Site or App and your use of the Site or App. Access to this Site or App is subject to your acceptance of this Agreement.Your visit, dealing, transacting and/or otherwise using this Website or App shall be treated as your unconditional acceptance of these Terms & Conditions in their entirety.
2. DATE OF EXECUTION
This agreement was last updated on August 8, 2015. It is effective between you and us as of the date of your accepting this agreement.
3. LIMITATION OF LIABILITY
Under this agreement, we limit our liability to you and you indemnify us against certain losses we may suffer in connection with your use of the service. These terms and conditions include all modifications up to and including today's date.
4. RELATIONSHIP OF THE PARTIES
This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the user & company.
5. THIRD-PARTY BENEFICIARIES.
There are no other third-party beneficiaries under this Agreement.
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(b) "App Delivery Track" designed, developed and owned by theCompany which means and includes a software application within the meaning of sub clause (e) of clause of 1 of this agreement, for the purpose of connecting Restaurants to Independent Delivery Freelancers / Agents including but not limited to additional features and services that support the same.
(d) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter;
(e) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or companywebsite and includes through any notice, circular, label, wrapper, invoice or other documents;
(f) "mobile app" is a software application, specifically for use on small, wireless computing devices, such as smart phones and tablets, rather than desktop or laptop computers. Mobile apps are designed with consideration for the demands and constraints of the devices and also to take advantage of any specialized capabilities they have.
(g) "Company" shall mean VSS Tech Solution Private Limited, having its office at Ignite@108, 2 Shambu Dayal Bagh, Kalkaji, New Delhi 110019 and in short referred to as VTS.
(h) "claim" means any representation which states, suggests, or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise;
(i) "consumer" means persons and families purchasing and receiving food in order to meet their personal needs;
(j) "Terms & Conditions" shall have the meaning as ascribed hereinabove.
(k) "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transacts at www.vsstechnology.com / Delivery Track App in any way.
(l) Website shall mean www.vsstechnology.com , a website owned and operated by the Company for the purpose of connecting Restaurants to Independent Delivery Freelancers / Agents including but not limited to additional features and services that support the same.
(m) "contaminant" means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;
(a) "extraneous matter" means any matter contained in an article of food which may be carried from the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of food unsafe;
(b) "Food" means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances or any other article as food for the purposes of this Act having regards to its use, nature, substance or quality;
(c) "food additive" means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include “contaminants” or substances added to food for maintaining or improving nutritional qualities;
(d) "food business operator" in relation to food business means a person by whom the business is carried on or owned;
(e) "food delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility;
(f) "food safety" means assurance that food is acceptable for human consumption according to its intended use;
(g) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf;
(h) "Food Safety Management System" means the adoption Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business;
(i) "hazard" means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect;
(j) "infant food" and “infant milk substitute” shall have the meanings assigned to them in clauses (f) and (g) of subsection (l) of section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992(41 of 1992), respectively;
(k) "ingredient" means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form;
(l) "label" means any tag, brand, mark, pictorial or other descriptive matter, written, printed, stenciled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert;
(m) "manufacture" means a process or adoption or any treatment for conversion of ingredients into an article of food, which includes any sub-process, incidental or ancillary to the manufacture of an article of food;
(n) "manufacturer" means a person engaged in the business of manufacturing any article of food for sale and includes any person who obtains such article from another person and packs and labels it for sale or only labels it for such purposes;
(o) "misbranded food" means an article of food –
- if it is purported, or is represented to be, or is being –
- offered or promoted for sale with false, misleading or deceptive claims either;
- upon the label of the package, or
- through advertisement, or
- sold by a name which belongs to another article of food; or
- offered or promoted for sale under the name of a fictitious individual or company as the manufacturer or producer of the article as borne on the package or containing the article or the label on such package; or
if the article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer bearing his name and address but –
- the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labeled so as to indicate its true character; or
- the package containing the article or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents; or
- the article is offered for sale as the product of any place or country which is false; or
if the article contained in the package –
- contains any artificial flavoring, coloring or chemical preservative and the package is without a declaratory label stating that fact or is not labeled in accordance with the requirements of this Act or regulations made thereunder or is in contravention thereof; or
- is offered for sale for special dietary uses, unless its label bears such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; or
(p) "Owner" means the owner of the Restaurant, or Food Delivery Agency or any person who are the Director, proprietor, or partner of the restaurant, or food outlet, or Food joint or food delivery agency or any other person who agreed to the terms and conditions of company for providing or deliver the food as defined in subsection (h) of section 1 of this agreement or “food business operator” including but not limited to as defined in subsection(j) of section 1 of this agreement;
(q) "package" means a pre-packed box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or such other things in which an article of food is packed;
(r) "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
(s) "premises" include any shop, stall, hotel, restaurant, airline services, food canteens and home kitchens, place or vehicle or vessel where any article of food is sold or manufactured or stored for sale;
(t) "primary food" means an article of food, being a producer of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or fisherman;
(u) "restaurant” means" a facility that prepares and sells food directly to consumers for consumption including but not limited to cafes, bistros, fast food establishments, food stands, saloons, taverns, bars, lounges, food processing, cooking, manufacturing, packaging, restaurant, food outlet, food joint, eating
(v) "risk", in relation to any article of food, means the probability of an adverse effect on the health of consumers of such food and the severity of that effect, consequential to a food hazard
(w) "risk communication" means the interactive exchange of information and opinions throughout the risk analysis process concerning risks, risk-related factors and risk perceptions, among risk assessors, risk managers, consumers, industry, the academic community and other interested parties, including the explanation of risk assessment findings and the basis of risk management decisions;
(x) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article;
(y) "sample" means a sample of any article of food taken under the provisions of this Act or any rules and regulations made thereunder;
(z) "Service" or "Services" is a reference to any service which the company may supply and which the company may request via our company website ;
(aa) "substance" includes any natural or artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas or vapour;
(bb) "Sub-standard" an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe;
(cc) "unsafe food" means an article of food whose nature, substance or quality is so affected as to render it injurious to health :—
- by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substance; or
- by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or
- by virtue of its unhygienic processing or the presence in that article of any harmful substance; or
- by the substitution of any inferior or cheaper substance whether wholly or in part; or
- by addition of a substance directly or as an ingredient which is not permitted; or
- by the abstraction, wholly or in part, of any of its constituents; or
- by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or
- by the article having been infected or infested with worms or insects; or
- by virtue of its being prepared, packed or kept under insanitary conditions; or
- by virtue of its being mis-branded or sub-standard or food containing extraneous matter;
- Any person who is above Eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the website. If the User is not competent to enter into valid contract, then the User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872.
- The User agrees to be financially responsible for all of User's use of the services and access of the Website (as well as for use of User's account by others, including without limitation minors living with User). The User warrants that all information supplied by the User while using the services and accessing the Website, including without limitation, the User's name, email address, street address, telephone number, mobile number, ID cards / copies (including but not limited to Aadhar, PAN, Voters ID or any suitable Government Approved / Issued card), credit/debit card and/or any other payment instrument number and other payment details are correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
8. AMENDMENT OF TERMS
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by this Agreement as amended by the Company from time to time. Use of the services by the User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified/amended.
9. REGISTRATION DATA
- The User shall be solely responsible for the confidentiality of its User Id and Password or details/information given by User during registration.
- The User shall not (a) select or use name, User ID, mobile number and/or email id of another person with the intent to impersonate that person; or (b) use as a User id, a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of or cancel User id at its discretion.
- User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
- delivery of the Product(s) at wrong address furnished by consumer
- any loss and/or damage to the User due to incorrect, incomplete and/or false information furnished by the consumer; or
- any deficiency in payment of consideration payable towards the Product(s) purchased on the Website
The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
10. SCOPE OF AGREEMENT
- Any contract for the supply of Food Delivery using the "App Delivery Track" is between the Users/ Participating Restaurant/ Delivery Freelancers for the supply and delivery of food.
- That the users undertake that company shall not be liable for or against any claim, liability penalty, cost or compensation arisen out or otherwise; of negligence, violation of any civil or criminal law of the land or any other intentional or unintentional act of company with respect to third party for the supply of Food Delivery from this “app Delivery Track”
- It is a contractual relationship between VTS and a Restaurant / Delivery Freelancer whereby VTS may permit a restaurant/ Delivery Freelancer to make use of its app in return for a fee / commission along with other applicable charges attached to a app services, initially or revised, or communicated to the restaurant time to time,
11. THE SERVICES
- The "app" constitutes a technology platform that enables users of the App or the company’s website provided as part of the Services (each, an "Application") to arrange and schedule delivery of food from (transportation and/or logistics services) with third party providers of such services, including independent third party transportation providers and third party logistics providers. USER ACKNOWLEDGES THAT COMPANY DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR FOOD SERVICES OR FOOD BUSINESS OPERATOR.
12. USE OF APP
- Use of app is subject to company discretion and may be withdrawn at any time and without notice.
- Subject to compliance with the Terms and conditions of this agreement and any other agreement stipulated on the company website or on the instructions given or issued on the app while downloading the app or after downloading the app or during the use of the app or otherwiseby the company grants a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license tocompany to the user
- access and use of the Applications oncompany /personal device solely in connection with company use of the Services; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for company personal, noncommercial use. Any rights not expressly granted herein are reserved by the company;
- if company has a reasonable belief that there exists an abuse of use of app or fraud, by company or any other person on behalf of company or customer the company may block the use of app immediately and reserves the right to refuse future service, without any prior information verbal or written;
The company would receive a consideration from the user for the use of the technology services provided by the company through the App and / or through the website and / or through other means. The company would inform the user about the charges as and when levied on a best effort basis. The company also reserves the right to charge differential considerations from different users basis the usage patterns or requirements and may change this at its sole discretion.
14. THE COMPANY ACKNOWLEDGES THAT:
- The user unconditionally acknowledges that the company shall not be liable in any manner whatsoever for the following:-
- For any quality, quantity related issue of food or;
- For any delivery related issue such as “delay of delivery of food” mis match of food order, or delivery of different order of food to the consumer;
- For damage or loss of food in transit to consumer destination;
- For any health related issue after consuming the food;
- For any issue which violate the food safety standard or any other Law related to food;
- For non delivery or delay of delivery of food by the food delivery agent or food delivery agency to the consumer;
- For any complaint received by the consumer or customer related to food in any manner whatsoever;
- For any violation of law, rules, guidelines issue by the government or any other agency with regard to restaurant
- For any mis commitment, fraud or any other act civil or criminal done or proposed to be done by the restaurant, its agent, or employee or any other person who are acting for or or behalf of the restaurant with third party;
- The sole liability mentioned in sub clause (a) to (j) of clause 5 of this agreement liable for any loss may suffer by the consumer or any third person shall be of first party.
- That the company shall not be liable for any loss or damages or compensation caused to the business or any other manner to the restaurant or any consumer related to technology or any errors / bugs in the app;
15. DELIVERY OF FOOD
- In case of a late delivery, the delivery charge or fee or commission given by restaurant to company, will neither be voided nor refunded by company;
- Company shall not be liable to participating restaurant or consumer for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery for any reason whatsoever;
- Restaurant shalltake all reasonable care of food and other food safety standard as may be prescribed by the food safety law to keep the food safe for human use while delivering the food;
- All risk in the Food Delivery shall pass to delivery agent upon delivery, VTS shall not bear any risk thereto;
- The company shall not procure unauthorized access to any data through appduring orderingthe food by the consumer.
- That in case the consumer fails to accept delivery of Food at the time they are ready for delivery, or delivery agent are unable to deliver at the nominated time due to restaurant’s failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to the customer, all risk and responsibility in relation to such food shall pass to restaurant. Any storage, insurance and other costs which VTS incurs as a result of the inability to deliver shall be the Restaurants responsibility and the Restaurant shall indemnify us in full for such cost;
- The restaurant must ensure that at the time of delivery of Food adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. VTS cannot be held liable for any damage, cost or expense incurred to such food or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery;
- Participating restaurants, shall prepare order, and aim:-
- to deliver the product to consumer at the place of delivery requested by consumer in their order, and shall duly communicate to the delivery agent; any change in the place of delivery shall not be applicable once the order is accepted by delivery agent;
- to deliver within the time confirmed by the consumer and adequate time is being given to the delivery agent for delivering the food to the consumer;
- to inform the consumer and delivery agent if they expect that they are unable to meet the estimated delivery time;
- In the event it is not possible for delivery agent or agency to deliver to some locations, in such case thedelivery agent or agency may inform restaurant, VTS shall not be responsible in such event;
- The participating restaurant must notify the delivery agent (or agency as the case may be) immediately if restaurantdecides to cancel food order, preferably by phone, and quote order number or any other information to identify the order. If the delivery agent or agency as the case may be accepts cancellation, no cancellation fee applies. If the delivery agent or agency as the case may be refuses cancellation, becauseof a delay in preparation and / or the delivery agent hasalready reached to the location or any other place mentioned by the restaurant for picking up the food has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. VTS shall not be liable to refund any fee or commission received or proposed to be received and shall not adjusted in future order;
- If the cancellation was made in time and once the restaurant has accepted cancellation, VTS will refund the amount within 30 days;
- Great care has been taken to ensure that the information available on the app is correct and error free. Company shall not be liable for any errors or omissions that may have occurred.
- Company cannot warrant that use of the app will be error free or fit for purpose, timely, that defects will be corrected, or that the web or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the app andthe Company does not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy of the app.
18. LIMITATION OF LIABILITY
The company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if the restaurant has been advised of the possibility of such damages, the Company shall not be liable for any damages, liability or losses arising out of:
- Company use of or reliance on the services or company’s inability to access or use the services; or
- Any transaction or relationship between the Company and any third party provider, even if the Company has been advised of the possibility of such damages;
- Any delay or failure in performance resulting from causes beyond reasonable control;
- any loss or damage to first party;
- any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to first party;
- any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to the Company or the Company’s computer system via company app;
- For any Internet fraud by third party or loss arising due to lack of security and safety of internet or app or any other technological fraud by third party or losses arising thereto as possible or any other extremely unlikely event of a breach in company’s secure computer servers or those of third parties;
- for any failure or delay in performing Services, or delivering of food by third party, where such failure arises as a result of any act or omission, which is outside reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
The user shall indemnify to the company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
- breach or violation of any of the terms and conditions of this agreement or any other agreement with this regard;
- Unwarranted use of the app; or use the app for sustaining any harm, damage, cause to any party or to violate any law or rues thereto;
- Use of the app; with malafide intent or for doing any fraud, misrepresentation or loss or damage to third person;
- Violation of the rights of any third party, including Third Party Providers.
The services (using of app / website and other related services) are provided "as is" and "as available." The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, quality, quantity or any issues related to consumption of food for a particular purpose and non-infringement. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or foods requested through the use of the services, or that the services will be uninterrupted or error-free. The company does not guarantee the quality, suitability, safety or ability of third party providers. The User agrees that the entire risk arising out of company use of the services, and any service or good requested in connection therewith, remains solely with the Restaurant, to the maximum extent permitted under applicable law.
21. INTELLECTUAL PROPERTY RIGHTS
- VTS is the sole owner or lawful licensee of all the rights to the app,it’s content and all technology. The app content means its design, layout, text, images, graphics, sound, video etc. The app content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Company, its affiliates or licensor's of the Company’s content, as the case may be.
- All rights, not otherwise claimed under this agreement or by the Company or www.vsstechnology.com, are hereby reserved. The information contained in this web site / app is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by company as a result of an advertisement or any other information or offer in or in connection with the Service.
All related icons and logos are registered trademarks or trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited
- All content of the app or exhibited on the company website is the copyright of VTS except the third party content and links to third party app or website.
- Systematic retrieval of VTS content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from VTS is prohibited
- In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action.
- As a condition of access to and use of the Company's Services, user agrees that user will not use the VTS app service to infringe the intellectual property rights of others in any way.
- VTS reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the VTS service, or if VTS believes that user(s) conduct is harmful to the interests of VTS, its affiliates, or other users, or for any other reason in VTS's sole discretion, with or without cause.
24. Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties and each party acknowledges that, in entering into this agreement, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this agreement.
25. Specific Right & Remedies
Useragrees that the Company shall have the specific rights and remedies set forth in this Agreement. These rights and remedies are in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the Company at law or in equity in order to enforce the provisions of this Agreement. Such rights and remedies may be exercised from time to time and as often and in such order as may be deemed expedient by SECOND PARTY. The exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default.
26. Voluntary Agreement:
The Parties acknowledge and agreed; that each has read the Agreement and understands its terms, and that each executes it knowingly, voluntarily, and without coercion, after having had the opportunity to consult with counsel. Each of the Parties acknowledges that in executing this Agreement they rely solely on their own judgment, belief and knowledge and on such advice they may have received from their own counsel. Each of the Parties further acknowledges that they have not been influenced by any representation or statement made by the other party or its counsel, but after reading, andunderstood and on their free will and choice, voluntarily signing this agreement, any claim with relation to any of the provision of this agreement, on the basis of understood ormisconceived, shall be barred to terminate this agreement.
In the event any provision of this Agreement shall be held to be void, avoidable, and unlawful or, for any reason, unenforceable, the remaining portions shall remain in full force and effect.
28. Binding Effect:
This Agreement is binding upon, and shall inure to the benefit of, the parties and their respective heirs, executors, administrators, successors and assigns.
This Agreement may be executed in multiple counterparts, each bearing the signature of one or more Parties. Any copy bearing the signature of the Party to be charged may be deemed an original.