TERMS OF SERVICE - MR VOONIK
This document is an electronic contract recognised under the provisions of the Information Technology Act of 2000 read along with its Rules, and outlines the terms on which a user may access and use the Voonik marketplace, accessible through www.mrvoonik.com and its associated web and mobile applications ("Marketplace").
Voonik is a marketplace and an intermediary under the provisions of the Information Technology Act, 2000 and accordingly, Voonik does not own any of the products or services sold on the Marketplace. Instead, it is merely a platform for other sellers of goods and services ("Sellers") to transact with customers such as yourself.
Use of the Marketplace is restricted to persons who are competent to contract under the Indian Contract Act, 1872. Thus, inter alia minors (persons under the age of eighteen (18)) are not permitted to register an account and use the Marketplace to transact with Sellers, unless such use and all transactions are made by parents or guardians of the said minor. Voonik reserves the right to remove all minor users from the Marketplace and delete such accounts upon receiving notice of such usage.
By using the Marketplace or by sending communication to Voonk, you consent to receiving responses and other periodic communication from Voonik through e-mails or other forms of electronic communication, including voice calls.
4. Marketplaces Services
4.1. The Marketplace is a platform that connects Sellers to potential customers ("Buyers"), wherein Voonik is purely an intermediary only and is not party to and does not control any transaction that occurs therein. All contracts between parties are strictly bi-party, between the Seller and the Buyer. Accordingly:
i. All commercial terms pertaining to the sale, including the price, shipping costs, payment methods, payment terms, date and mode of delivery, warranties related to products and services, post-sale services, are offered by and agreed to between Buyers and Sellers alone. Voonik neither has any control nor determines, in any way, nor involves itself in the determination, offering or acceptance of such commercial terms between the Buyers and Sellers.
ii. Voonik makes no representation or Warranty as to specifics (such as quality, value, salability etc.) of the products or services proposed offered for sale on the Marketplace. Further, Voonik does not make any representation or warranty as to the characteristics (such as legal title, creditworthiness, identity etc.) of any of its users.
iii. Voonik is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers, nor for any action of a third party in relation to a transaction on the Marketplace, and Voonik shall not be required to mediate and resolve any dispute between Buyers and Sellers.
iv. Voonik does not, at any point of time during any transaction between Buyer and Seller on the Marketplace, come into or take possession of any of the products or services offered by Seller, nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
v. Voonik is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
vi. Voonik is not responsible for any amount paid directly to a Seller by a Buyer, in contravention of the systems and processes placed on the Marketplace.
4.2. The following rights shall be retained by Voonik with regard to the usage of the Marketplace by all customers:
i. The right to stop (permanently or temporarily) providing the Marketplace (or any features within) for use to you or to users generally at Voonik's sole discretion;
ii. The right to disable access to a customer’s account or login route, wherein customers may be prevented from accessing the offerings, their account details or any files or other content which is contained in their account;
iii. The right to facilitate a transaction at its own discretion, based on but not limited to factors such as purchase history, customer behavior, Buyer location etc.
iv. The right to modify the features of the Marketplace at any time, which may result in a limitation of usage of the offerings or the discontinuation altogether,
4.3. Users of the Marketplace may not display, upload, modify, publish, transmit or share any information that:
i. Belongs to a third party, who has not licensed such usage of the information;
ii. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. Harm minors in any way;
iv. Infringes any patent, trademark, copyright or other proprietary rights;
v. Violates any law for the time being in force;
vi. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. Impersonate another person;
viii. Contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
4.4. Users of the Marketplace may not attempt to:
i.Access (or attempt to access) any of the offering by any means other than through the interface that is provided by Voonik, unless you have been specifically allowed to do so in a separate agreement with Voonik. Users specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers);
ii.Not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering)
iii.Not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose;
5.1. You are responsible to Voonik and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Marketplace. You will be solely responsible for all activities that occur under your account.
5.2. While Voonik will take due care to ensure the confidentiality of your credentials, you agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Voonik database, Voonik shall not be made liable for any resulting damages.
5.3. If you become aware of any unauthorized use of your password or of your account, you are required to notify the concerned official at Voonik immediately, as disclosed below.
6.1. All the materials, products and services on the Marketplace are available to users on an "as is" and "as available" basis, without any representation or warranties, express or implied.
6.2. Voonik further expressly disclaims all warranties and conditions of any kind with regard to the Marketplace and the products sold therein, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
6.3. Voonik does not represent or warrant to You that: (a) Your use of the offering will meet Your requirements, (b) Your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by You as a result of Your use of the offering will be accurate or reliable.
6.4. No advice or information, whether oral or written, obtained by you from Voonik or through or from the Marketplace shall create any warranty not expressly stated in these terms.
7.1. The majority of the content on the Marketplace, which includes but is not limited to the text, graphics, photographs, logos and artwork (collectively, “Content”), is provided by the respective Sellers, and Voonik, as an intermediary, accepts no liability for the same.
7.2. All content presented to users on the Marketplace, including but not limited to advertisements and promotional material of Voonik or other companies on the Marketplace, is protected by intellectual property rights which are owned by Voonik or the sponsors or advertisers who provide that content. You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) without express written consent from the owner of such intellectual property.
7.3. Users are solely responsible (and Voonik has no responsibility to either the User or any third party) for all liabilities and consequences arising from any content that they create, transmit or display while using the Marketplace.
7.4. Using the Marketplace might expose Users to Content that is offensive, indecent or objectionable and that, in this respect, and all Users agree that Voonik shall not be made responsible in any manner for any repugnant content circulated on the Marketplace by other users. Further, on noticing any such content, it is the duty of Users to bring it to the attention of Voonik officials immediately, who will take due care to delete it from the offering in accordance with applicable law.
7.5. Using the Marketplace may expose Users to hyperlinks to other web sites or content or resources from third parties, over which or whom Voonik may have no control. You acknowledge and agree that Voonik is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. Intellectual Property
10.1. Voonik owns all legal right, title, interest and intellectual property in the Marketplace, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist).
10.2. Unless Voonik has otherwise agreed in writing, nothing in the terms gives any User the right to use any of Voonik's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner.
11. Limitation of Liability
11.1. You expressly understand and agree that in no event shall Voonik be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability, and this shall include without limitation, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss.
11.2. Further, You expressly agree that Voonik shall not be liable for any loss or damage arising out of:
i.The use or the inability to use the Services or Products;
ii.Unauthorized access to or alteration of a User's transmissions or data;
iii.Breach of any conditions, representations or warranties by Sellers on the Marketplace;
iv.The deletion, corruption or loss of any Content on the Marketplace, whether or not created by You;
v.Your failure to keep Your account information, such as login and password, secure and confidential;
vi.Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Voonik.
11.3. Further, the User understands and agrees that any material and/or data downloaded from the Marketplace is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. Voonik shall not be liable for any dispute or disagreement between Users.
12.3. When these terms come to an end, all of the legal rights, obligations and liabilities that you and Voonik are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. All Users shall be liable for payment with regard to any services or products purchased prior to the time of such termination.
13.1. These terms and all disputes arising out of or in connection with these terms shall be governed by the laws of India, and the courts and tribunals of Bangalore, Karnataka shall have exclusive jurisdiction over all matters arising thereof, subject to the arbitration provision below.
13.2. You and Voonik agree that any dispute will be referred to arbitration, under the Arbitration and Conciliation Act, 1996, with the arbitration to be held in Bangalore in English, Karnataka and the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
14. Grievance Officer
In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer for the Marketplace are provided below:
Mr. Abhyudaya Rana
+91 80 6666 7733
15. Changes to the Terms
16.1.These terms, along with the Voonik Policies, constitute the legal agreement between You and Voonik and govern Your use of the Marketplace.
16.2. You agree that if Voonik does not exercise or enforce any legal right or remedy which is contained in the terms (or which Voonik has the benefit of under any applicable law), this will not be taken to be a formal waiver of Voonik's rights and that those rights or remedies will still be available to Voonik.
16.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
16.4. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
17. Contact Us
In case you wish to contact Voonik for any reason whatsoever, including to review all personal information provided to us by and during Your use of the Marketplace, please send an email to: firstname.lastname@example.org with all necessary details of your query.