Last updated on April 05, 2022
Introduction and Terms of Use
The terms and conditions contained hereinafter ("Terms of Use") shall apply to the use of the website vssvinco.com and any other linked pages, content or services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by any VSS Vinco Pvt. Ltd. company ("VSS Vinco Pvt. Ltd." or "we" or "our" or "us") (collectively, "Website").
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("Services")) (hereinafter referred to as a "User", "seller", "you" or "Client") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein (these Terms of Use). These Terms of Use, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and VSS Vinco Pvt. Ltd.. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with VSS Vinco Pvt. Ltd. for other services.
Please read the terms set out hereunder carefully before agreeing to the same. If you do not agree to these Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Website. You can accept the Terms of Use by:
Clicking to accept or agree to the Terms of Use, where this option is made available to you by VSS Vinco Pvt. Ltd. in the User interface for any particular Service; or
Accessing, Ordering or actually using the Services. In this case, you understand and agree that VSS Vinco Pvt. Ltd. will treat your use of the Services as acceptance of the Terms of Use from that point onwards.
For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.
It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.
The Terms of Use may be revised or altered by us at our sole discretion at any time without any prior intimation to the User. The latest Terms of Use will be posted here. Any such changes by VSS Vinco Pvt. Ltd. will be effective immediately. By continuing to use this Website or to access the Services / usage of our Services after changes are made, you agree to be bound by the revised/ amended Terms of Use and such amendments shall supersede all other terms of use previously accepted by the User. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including but not limited to the provisions of the RBI Guidelines on Regulation of Payment Aggregators and Payment Gateways, Payment and Settlement Systems Act, 2007, Prevention of Money Laundering Act, 2002, Know Your Customer (KYC) / Combating Financing of Terrorism (CFT) guidelines issued by the Department of Regulation, RBI (the "KYC Guidelines") etc., that may be applicable to you in connection with your business and use of our Services.
Provision of the Services being offered by VSS Vinco Pvt. Ltd.
Subject to these Terms of Use and Privacy Policy (collectively, "Policies"), VSS Vinco Pvt. Ltd. offers the Services set forth in the WEBSITE.
WEBSITE also contains descriptions of all Services that are offered to Users.
VSS Vinco Pvt. Ltd. is constantly evolving in order to provide the best possible experience and information to its Users. You acknowledge and agree that the form and nature of the Services which VSS Vinco Pvt. Ltd. provides may change from time to time without any prior notice to you.
As part of this continuing process, you acknowledge and agree that VSS Vinco Pvt. Ltd. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at VSS Vinco Pvt. Ltd.'s sole discretion, without any prior notice. You may stop using the Services at any point of time.
You acknowledge and agree that if VSS Vinco Pvt. Ltd. disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which is contained in your account, and VSS Vinco Pvt. Ltd. shall intimate you regarding the same.
VSS Vinco Pvt. Ltd. reserves the right to delete your User information. We maintain your email, phone, and address details with us. Alternately, a User may notify us if they do not wish that we retain or use their personal information. However, in such a case, we may not be able to provide you with some or all of our Services.
You acknowledge and agree that while VSS Vinco Pvt. Ltd. may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by VSS Vinco Pvt. Ltd. at any time, solely at VSS Vinco Pvt. Ltd.'s discretion.
By using our Services you agree that VSS Vinco Pvt. Ltd. disclaims any liability or authenticity of any information that may have become outdated since the last time that particular piece of information was updated. VSS Vinco Pvt. Ltd. reserves the right to make changes and corrections to any part of the content of this Website at any time without any prior notice to you. Unless stated otherwise, all pictures and information contained on this Website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please contact the Grievance Officer by an e-mail if you are the copyright owner of any content on this Website and you think the use of the above material violates the terms of the applicable Copyright law in any manner. In your request, please indicate the exact URL of the webpage to enable us to locate the same. We will endeavor to address your concerns and take the necessary steps if required. Please note that all images displayed on the Website have been digitized by VSS Vinco Pvt. Ltd.. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of VSS Vinco Pvt. Ltd..
VSS Vinco Pvt. Ltd. acknowledges and represents that we do not store any payment card or other related information with us.
Use of the Services by User
In order to access certain Services, you may be required to open a User account with VSS Vinco Pvt. Ltd. by providing information about yourself (such as identification or contact details) as part of the registration process ("Registration Data") for the Services, or as part of your continued use of the Services. You agree that any Registration Data you give to VSS Vinco Pvt. Ltd. will always be accurate, correct, complete and up to date. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with the Terms of Use (whether wholly or in part), we reserve the right to reject your registration and/ or indefinitely suspend or terminate your User account and refuse to provide you access to the Website or our Hotels. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior intimation to you.
Notwithstanding anything else contained in any other agreement involving you and VSS Vinco Pvt. Ltd. and/ or any other third party, in order to ensure that we are not violating any right that you might have in your Registration Data, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data that you have supplied to us.
Any amendment or rectification of your Registration Data in the User account can be carried out by accessing the "User account" section on the Website. You may choose to delete any or all of your User content/ information or even the User account at any time. Processing such deletion may take some time, but the same shall be done by VSS Vinco Pvt. Ltd.. We may maintain backup of all User content for such time as may be required under applicable laws and for operational purposes of VSS Vinco Pvt. Ltd.. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure on your part to protect your login ID or password or any other credential pertaining to your account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you should inform us immediately at info@vssvinco.com. In the event of any dispute between two or more parties as to ownership of any particular account with VSS Vinco Pvt. Ltd., you agree that VSS Vinco Pvt. Ltd. shall be the sole arbitrator for such dispute and that VSS Vinco Pvt. Ltd.'s decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration Data and User content and undertake to, neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights of any person or entity anywhere in the world;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
Is illegal in any other way.
You agree and understand that VSS Vinco Pvt. Ltd. reserves the right to remove and/or edit such detail/ information. If you come across any information as mentioned above on the Website, you are requested to immediately contact our office.
You agree to use the Services only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VSS Vinco Pvt. Ltd., unless you have been specifically allowed to do so in a separate agreement with VSS Vinco Pvt. Ltd.. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services) on this Website.
You agree that you are solely responsible for (and that VSS Vinco Pvt. Ltd. has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which VSS Vinco Pvt. Ltd. may suffer) of any such breach. You further agree to the use of your data by us in accordance with the Privacy Policy.
VSS Vinco Pvt. Ltd. may share any Content (defined hereinafter) generated by the User or their Registration Data with governmental and regulatory agencies who are lawfully authorised for investigative, protective and cyber security activities. Such information may be transferred for the purposes of verification of identity, or for prevention, detection, investigation, prosecution pertaining to cyber security incidents, and punishment of offenses under any law for the time being in force.
Eligibility
Any person who is above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or avail the Services displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, then you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and any amendments thereto. [ ]{.underline}
The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any Service) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
Content in the Services
For the purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to VSS Vinco Pvt. Ltd. (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by VSS Vinco Pvt. Ltd. or by the owners of that Content, in writing and in a separate agreement.
VSS Vinco Pvt. Ltd. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
VSS Vinco Pvt. Ltd. reserves the right to moderate, publish, re-publish, and use all User-generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. VSS Vinco Pvt. Ltd. is not liable to pay royalty to any User for re-publishing any content across any of its platforms.
If you submit any material on the Website, you agree thereby to grant VSS Vinco Pvt. Ltd. the right to use, moderate, and publish any such work worldwide for any of its product(s), whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Services will be at your own risk.
You agree that you are solely responsible for (and that VSS Vinco Pvt. Ltd. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which VSS Vinco Pvt. Ltd. may suffer) by doing so.
Proprietary Rights
You acknowledge and agree that VSS Vinco Pvt. Ltd. (or VSS Vinco Pvt. Ltd.'s licensors) owns all legal and proprietary rights, titles, and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information that is designated confidential by VSS Vinco Pvt. Ltd. and that you shall not disclose such information without VSS Vinco Pvt. Ltd.'s prior written consent.
Unless you have agreed otherwise in writing with VSS Vinco Pvt. Ltd., nothing in the Terms of Use gives you a right to use any of VSS Vinco Pvt. Ltd.'s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Unless you have been expressly authorized to do so in writing by VSS Vinco Pvt. Ltd., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
Limitation of Liability
Subject to the overall provisions stated above, you expressly understand and agree that VSS Vinco Pvt. Ltd., its subsidiaries, affiliates, promoters, directors, employees, agents and licensors shall not be liable to you for:
Any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide VSS Vinco Pvt. Ltd. with accurate Registration Data; or
Your failure to keep your password or account details secure and confidential.
The limitations on VSS Vinco Pvt. Ltd.'s liability to you shall apply whether or not VSS Vinco Pvt. Ltd. has/ had been advised of or should have been aware of the possibility of any losses to you.
Force Majeure
VSS Vinco Pvt. Ltd. shall not be in breach of its obligation hereunder if it is delayed in the performance of, or is unable to perform (whether partially or fully) its obligations (provide the Services) as a result of the occurrence of a Force Majeure Event (defined below).
Force Majeure Event means any event, whatever be the origin, not within the reasonable control of VSS Vinco Pvt. Ltd., which VSS Vinco Pvt. Ltd. is unable to prevent, avoid or remove or circumvent by the use of reasonable diligence. Force Majeure event shall include, but shall not be limited to, acts of god, acts, orders, directions of governmental/ regulatory/ judicial/ quasi-judicial/ law enforcement authorities/ agencies which hinders VSS Vinco Pvt. Ltd. from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes systems failures experienced by a facility provider, revolution or usurped power, acts of terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other natural catastrophes.
Any payment obligations of VSS Vinco Pvt. Ltd., in case of a Force Majeure event, shall be limited by and be subject to the fulfillment of the payment obligations of the partners banks/ financial institutions, counterparties and any other parties involved in or intrinsically linked to the provision of the Services of VSS Vinco Pvt. Ltd..
Confidentiality
The User hereby unconditionally and irrevocably agrees and undertakes to take all necessary measures to ensure that the User's website or any other computer system that is being used to effect Transactions by the usage of Services, does not store/ save any customer card or any other such related data. You further undertake that you shall be responsible for ensuring complete and absolute privacy, anonymity, and security of all customer data flowing through your systems during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the User with respect to any portion of Confidential Information which:
Was at the time received or which thereafter becomes, through no act or failure on the part of the User, generally known or available to the public;
Was at the time of receipt, known to the User as evidenced by written documentation then rightfully in the possession of the User or VSS Vinco Pvt. Ltd.;
Was already acquired by the User from a third party who does not thereby breach an obligation of confidentiality to VSS Vinco Pvt. Ltd. and who discloses it to the User in good faith;
Was developed by the User without the use of the VSS Vinco Pvt. Ltd.'s Confidential Information in such development; or
Has been disclosed pursuant to the requirements of applicable law, any governmental/ regulatory authority, judicial/ quasi-judicial authority provided, however, that VSS Vinco Pvt. Ltd. shall have been given a reasonable opportunity to resist disclosure and/or to obtain a suitable protective order.
Advertising
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode, and extent of advertising by VSS Vinco Pvt. Ltd. on the Services are subject to change without any specific notice to you.
In consideration for VSS Vinco Pvt. Ltd. granting you access to and use of the Services, you agree that VSS Vinco Pvt. Ltd. may place such advertising on the Services.
Transaction Disputes
Transactions may be disputed anytime within up to 10 (ten) days, from the date of transaction by a buyer, as per the Card Payment Network Rules.
On such notification the VSS Vinco Pvt. Ltd. will conduct an internal review of such matter and will, within 5 (five) working days from receipt of notification, respond to us in writing either:
Requesting to refund Refund Request the payment received in respect of such Disputed Transaction Refund Monies; or
Providing us with a statement explaining how the Disputed Transaction is not warranted, together with all documentary evidence in support of contesting such Disputed Transaction.
All refunds shall be made to the original method of payment. In the event that the seller provides a Refund Request to us or fails to contest such Disputed Transaction within the aforesaid 5 (five) working days or contests Disputed Transaction without providing supporting documentation to us, payment service providers, Card Payment Network and/ or issuing institution's satisfaction, we will be entitled to refund the money if its been credited to our account.
Technical Issues & Delivery Policy
In case of any technical issues, please raise your queries to info@vssvinco.com.
Governing Law, Settlement of Disputes and Jurisdiction
These Terms of Use and any dispute or claim arising under it will be governed by and construed in accordance with the laws of India. The Users agree that any legal action or proceedings arising out of these Terms of Use or in connection with these Terms of Use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Kerala, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
Privacy
Your privacy is extremely important to us. Upon acceptance of these Terms of Use you confirm that you have read, understood and unequivocally accepted our Policies, including the provisions of our Privacy Policy.
You may address any complaints or discrepancies in relation to the processing (including storing and using) of your Personal Information (including Sensitive Personal Information) to:
E-mail: info@vssvinco.com
I hereby confirm that I have read these Terms of Use and accept them.
