Terms

Introduction and Terms of Use

The terms and conditions contained in the future ("TERMS OF USE") shall apply to the use of the website vittindia.com and any other linked pages, products, software(s), hardware(s), API keys, features, Content, or application services (including but without limitation to any mobile application services) in connection in addition to that, offered from time to time By Finnetic Technologies Private Limited ("Vitt India" or "We" or "Our" or "Us") (collectively, "Platform").

Any person logging on to or using the Platform ( even when such person does not avail of any services provided in the Platform ("Services")) (from now on referred to as a "User" or "Seller" or "You" or "Merchant") shall be presumed to have read these Terms of use which includes Privacy Policy, separately put up on our Platform. Together with the rest of the Policies (defined below), these Terms of Use constitute a binding and enforceable agreement between the User and Vitt India. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with Vitt India 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 Platform. 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 Vitt India in the User interface for any particular Service; or
Accessing, testing, or using the Services. In this case, you understand and agree that Vitt India will treat your use of the Services as acceptance of the Terms of Use from that point onwards.

For these Terms of Use, wherever the context 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 (provided separately) forms 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. To avoid doubt, if any of the provisions become void or unenforceable, the rest 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 Vitt India will be effective immediately. By continuing to use this Platform or accessing the Services/usage after changes are made, you agree to be bound by the revised/ amended Terms of Use. Such amendments shall supersede all other terms of use previously accepted by the User. Further, by impliedly or expressly accepting these Terms of Use, you also acknowledge and agree to be bound by Our policies, including the Privacy Policy, which also governs Your visit to the Platform, to understand Our practices. Such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions to access, browse or to transact on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

Eligibility

Any person above eighteen (18) years of age and competent to contract under the applicable laws is eligible to access or visit the Platform or avail of the Platform's Services therein. Your use or access to the Platform shall be treated as your representation that you are competent to contract. If you are registering as a business entity, you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the preceding, use of the Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872, and any amendments to it.
The User represents and warrants that it will be financially responsible for all of the User's usage (including the purchase of any Service) and access to the Platform. The User shall also be responsible for the use of the User's account by others. At its sole discretion, Vitt India reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Platform, at any time while Vitt India investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

Fees

In consideration of and subject to payment of the Vitt India Fees, Vitt India shall charge a fixed commission on transactions, represented herein as “Vitt India Fees,” as per the table below. Continued usage of Vitt India Services post notice of revision shall be deemed to accept revised Vitt India Fees. Quoted Vitt India Fees is exclusive of any applicable taxes, all of which shall be the liability of and charged to you. Vitt India shall be entitled, without exception and at its discretion, to deduct all outstanding Vitt India Fees and any taxes from any payments to be made to you.

Exclusion of Warranties

othing in these Terms of Use shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions, limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or implied terms, or incidental or consequential damages. Accordingly, only the lawful limitations in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law. Vitt India disclaims any implied warranty for Services and any use thereof. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis.

In particular, Vitt India, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

The information or Contents provided on the Platform are accurate, complete, and updated;
Your use of the Services will meet your requirements;
Your use of the Services will be uninterrupted, timely, secure, or free from error;
Any information obtained by you as a result of your use of the Services will be accurate or reliable; and
That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your discretion and risk, and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.No advice or information, whether oral or written, obtained by you from Vitt India or the use of Services shall create any warranty not expressly stated in these Terms of Use.
Vitt India further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Representations and Warranties of User/ seller

Vitt India does not make any representation or warranty regarding the use of the Services offered on the Platform. At no time shall any right, title, claim, or interest in the Services provided through or displayed on the Platform vest with Vitt India, nor shall Vitt India have any obligations or liabilities regarding any transactions on the Platform.
You agree and acknowledge that Vitt India shall not be responsible for any claim/ liability/ damages that may arise while transacting and/or procuring Services that have been offered on the Platform.

Use of the Platform

To access certain Services, you may be required to open a User account with Vitt India 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 Vitt India 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 violates applicable law or is 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 Platform. 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 prior intimation.
Notwithstanding anything else contained in any other agreement involving you and Vitt India and/ or any other third party, to ensure that we are not violating any right that you might have in your Registration Data, you with this 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.
As part of the Services, Vitt India provides Content on the Platform targeted at the general public for informational purposes only. It does not constitute professional advice or recommendations of any kind. Vitt India and/or its affiliates accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Platform. Vitt India makes no warranty that the Services will meet Your requirements or that the Service(s) will be uninterrupted, timely, secure, or error-free; this includes loss of data or any service interruption caused due to technical glitches or by Vitt India employees/representatives. Vitt India is not responsible for transmission errors, corruption of data.
Users may not use the Platform for illegal purposes. Users may not use the information provided on the Platform and Services for any unlawful purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organization's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform, the information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. You may not use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or Us to harm. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices. At its sole discretion, Vitt India may suspend the User's ability to use or access the Platform at any time while Vitt India investigates complaints or alleged violations of these Terms of Use or for any other reason.

Payments

By accepting these Terms and Conditions, you expressly authorise Vitt India to hold, receive, disburse and settle funds on your behalf. Such authorisation shall permit Vitt India to receive Customer Payment Amounts pursuant to a Transaction into a Vitt India's account (Delivery Versus Payment) to further process each Transaction. Vitt India shall process and transfer such payments received by it to the bank account designated by you for this purpose at the time of registration and/or any such account as instructed by you (“Merchant Account”). The authorization provided herein under shall remain in full force and effect until specifically terminated.
By accepting these Terms and Conditions, you also expressly authorise Vitt India to hold, receive and settle funds on your behalf to such other value-added services as may be opted and instructed by you on the permitted use of the application.
Vitt India shall initiate the transfer of the relevant Customer Payment Amount received by it to the respective Merchant Account within T (such) banking days as per annexure A (‘T’ is the date of a successful Transaction and banking days being days on which private banks are open for business in New Delhi) from the date of receipt of the relevant Customer Payment Amount, after deduction of Vitt India Fees and charges as agreed under these Terms and Conditions. For clarity, you acknowledge that Vitt India shall be liable to settle Customer Payment Amounts only upon actual receipt thereof.

Copyright

You acknowledge and agree that Vitt India (or Vitt India's licensors) owns all legal and proprietary rights, title, and interest 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 Vitt India and that you shall not disclose such information without Vitt India's prior written consent.
Unless you have agreed otherwise in writing with Vitt India, nothing in terms of Use gives you a right to use any of Vitt India'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 Vitt India, you agree that in using the Services, you will not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to confuse the owner or authorized User of such marks, names or logos.

Indemnity

The User shall indemnify and hold Vitt India, its subsidiaries, affiliates, promoters, directors, employees, contractors, licensors and agents and any other related or third parties involved with Vitt India in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or further proceedings as a result of:

Fraud, negligence, and willful misconduct by the User in the use of the Platform;
Violation of applicable laws in the use of the Platform and/ or in the conduct of the User's business, including but not limited to the legal provisions.
Breach of the User's confidentiality obligations under these Terms of Use;
Disputes raised by a User's customer about a transaction where such dispute is not attributable to the Services;
Penalties, fines, charges, or any other actions as a result of breach or violation of any the User's representations and warranties; and
Fines, penalties, and charges imposed by the Acquiring Bank, Card Payment Networks, or any Governmental Authority on account of transactions on the User's website or Platform that violate applicable law.

Limitation of Liability

Subject to the overall provisions stated above, you expressly understand and agree that Vitt India, 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 you may incur, 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 Vitt India with accurate Registration Data; or
Your failure to keep your authentication or account details secure and confidential.

The limitations on Vitt India's liability to you shall apply whether or not Vitt India has/ had been advised of or should have been aware of the possibility of any losses to you.

Suspension and Termination

Vitt India and its partners reserve the right. They shall be entitled to suspend the services immediately, including withholding, rejecting the settlements that are or may be suspicious, susceptible, or fraudulent or for risk management purposes, pending inquiry and/or resolution of such issue, including any breach of these Terms and Conditions.Termination of these Services shall not release any party from the obligation to make payment of all amounts then due and/or payable; upon Termination, both Parties shall settle all outstanding dues payable to the other Party.

Force Majeure

Vitt India shall not breach 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 Events defined below.
Force Majeure Event means any event, whatever be the origin, not within the reasonable control of Vitt India, which Vitt India 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 Vitt India from performing its obligations under any agreement, including these Terms of Use, with you, war, hostilities, invasion, armed conflict, the act of a 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 Vitt India, 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 Vitt India.

Dispute Resolution, Governing Law 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 Bengaluru, India and the Users irrevocably submit themselves to the jurisdiction of such courts/ tribunals.

Prohibited Services

You agree that you will not accept payments in connection with businesses, business activities or business practices, including but limited to the following:

Merchants involved in intangible goods/ unrealistic services (businesses offering treatments that claim to restore beauty/ youth)
Where reputational damage can happen to the Acquirer by implication, such as Dance bars, Massage parlours, Escort services, merchant establishments dealing in pornography, Online Adult Membership, Adult Book Stores, Adult Telephone Conversations and other socially unacceptable merchandise / services
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
Offensive goods which includes literature, products or other materials that: a) Harms reputation of any person or groups of people based on race, ethnicity, national origin, religion, sex, etc. b) Encourage or incite violent acts c) Promote intolerance and/or hatred.
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
Military arms, firearms and ammunitions.
Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
Selling legal highs (including, narcotics or other psychotropic substances)
Tobacco, cigar and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
Lobby groups
Casinos and gambling equipment, including “Junket Operators” that arrange gambling tours; Sweepstakes, Lotteries, raffles and gambling outlets etc.
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
Betting, bookmaking, racing - Car/ Animals.
Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver.
Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.
Multi-Level Marketing collection fees or sites using a matrix scheme approach.
Credit repair companies /debt consolidation firms.
Money Changers, Remittance Services, Money Transmitter, Check Cashing Business, Currency Exchange.
Businesses where unscrupulous traders are present (E.g. pawn-brokers, money-lenders etc.)
Entities engaged in chit funds / unauthorized financial schemes.
International merchants not having local presence in India
Mining / Oil drilling and refining
Houses of worship (e.g., churches, temples etc. for donations) owned or funded by politically exposed persons, religious organizations or institutions / Charities or Non-profit organizations
Merchants operating from mobile offices
Merchants engaged in products or services where specific licenses are required to operate by regulatory bodies or local jurisdiction where licenses are not available or are invalid.
Merchant establishments where the promoter/partner/proprietor/owner’s name appear in the RBI Defaulters/negative list / Bank’s internal negative list or such other list which may be published by the partner bank from time to time.
Merchants involved in any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
Jewellery merchants
Any form of club memberships

Contact Us

Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms of Use, by emailing at support@vittindia.com

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