Terms of Use
Effective from: 01st Jul 2022
Welcome to VCompliment Digital Solutions LLP these Terms of Use (hereinafter referred to as the “Terms”) shall govern the relationship between VCompliment Digital Solutions LLP a Limited Liability Partnership company, registered under the provisions of Companies Act, 2013, (hereinafter referred to the “Company” or VDS or “Us” or “Our” or “We”) and you (hereinafter referred to “You” or “Your” or “User” or “Users” or “Freelancer”) and shall also govern your use of or its related mobile application (hereinafter referred to as the “Website” or “Site” or “Platform”).
These Terms are being issued as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and are in compliance with the Consumer Protection (E-Commerce) Rules, 2020, as updated from time to time.
Please read these Terms carefully, as they form the entire agreement between you and VDS. If you do not accept these Terms in its entirety, then you should not use the Site or purchase/book our services through our Platform.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement. These Terms of Use shall be read in conjunction with our Privacy Policy.
1. INTRODUCTION
This user agreement ("Terms of Use") is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This Terms of Use is generated by a computer system and does not require any physical or digital signatures.
This Terms of Use govern your use of our Website(s)/Mobile Application(s) of VDS, Our services offered by VDS upon the said Website(s)/Mobile Application(s) (“Service(s)”).
For the purpose of these Terms of Use, wherever the context so require, User(s) shall mean any natural or legal person who has agreed to become a member of our Website(s)/Mobile Application(s) by voluntarily registering on it as a registered user or otherwise browses/visits our Website(s)/Mobile Application(s) of VDS without taking registration or subscription of any kind as available during the relevant time. Your access or use of the said Website(s)/Mobile Application(s) is subject to the terms and conditions of use as set out herein under.
2. Definitions:
a) “Act”: It means and include any of the following (as applicable)
1. ‘The Information and Technology Act, 2000’;
2. ‘The Information and Technology (Amendment) Act, 2008’;
3. ‘The Consumer Protection Act, 2019’.
b ) “Rule”: It means and include any of the following (as applicable):
a. The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data or Information) Rules, 2011; or
b. The Consumer Protection (E-Commerce) Rules, 2020;
c. A client is someone using our site to find freelancer services from another user.
c) A freelancer is YOU/an individual/agency/business/company using our site to offer their services to clients.
d) Freelancer services refer to the work freelancers do on VCompliment Digital Solutions LLP.
e) A means of direct contact is information that would let someone get in touch with you directly (or find the information to do that) so you can bypass our site. For example, phone numbers, email and physical addresses, social media accounts, and personal websites with contact information are means of direct contact.
f) Managed services are all services, applications apart from freelancer services – that people can access through VDS.
g) Content is what users post to VDS themselves, like comments, profiles, feedback, images, or other information. It includes anything posted as a response to questions asked by other users or VDS.
3. Overview
By accessing the Website www.freelance-options.com, you agree to the following terms with VDS.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online marketplace where Users hire and let themselves get hired for any kind of freelancing work on contract basis. Users must register for an Account in order to be present on the platform to provide their services. The Website enables Users to work together online to complete and pay for Projects, and to use the services that we may provide (Managed services). We are not a party to any contractual agreements between freelancer and hirer in the online venue, we merely facilitate connections between the parties.
We may, from time to time amend or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
4. Scope
Before using the Website www.freelance-options.com, you must read the whole User Agreement, the Website policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, Privacy Policy and all other Website policies (if available). By accepting this User agreement as you access our website, you agree that this user agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.
5. Eligibility
You will not use the Website if you:
1. are not able to form legally binding contracts;
2. a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction;
3. are suspended from using the Website; or
4. do not hold a valid email address and a Mobile Number.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
A person below 16 may use an adult account with the permission of the account holder. However, the account holder shall be responsible for all actions taken by the account, without limitation.
Users may provide an individual name, a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that they will remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
You acknowledge that you have a ‘limited license’ to the VDS site. Here’s what that means you can access VDS website and services and you are free to have this access (or limited license) as long as you follow these terms of use and all of our other Terms of Service as they apply to you.
You acknowledge that we can take away your right to use our services at any time. If you violate our Terms of Use or other parts of our Terms of Service, we can take away your access to VDS.
6. Usage of VCompliment Digital solutions platform www.freelance-options.com:
While using the Website, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our Websites and services;
2. infringe any laws, third party rights or our policies,;
3. fail to deliver services for the payments delivered to you;
4. circumvent or manipulate our fee structure, the billing process, or fees owed to compliment digital solutions;
5. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
6. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
7. transfer/Sell your VDS account (including feedback) and Username to another party without our consent;
8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
9. distribute viruses or any other technologies that may harm VDS or VDS users, the Website, or the interests or property of VDS users (including their Intellectual Property Rights, privacy rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
10. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
12. copy, modify or distribute rights or content from the Website or VDS' copyrights and trademarks; or
13. harvest or otherwise collect information about Users, including email addresses, without their consent.
14. use VDS to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).
7. Intellectual Property Rights Infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. For claims of trademark infringement or other claims of intellectual property infringement, you must provide us with clear information about the location of the allegedly infringing work, including the URL or link where the work is located; complete information about your trademark or other intellectual property rights, including identifying the trademarked word(s) or symbol(s), trademark registration number(s), and a direct link to the trademark record(s), if available; and your contact information (name, physical address, email address and telephone number). Please also indicate your relationship to the trademark holder, including whether you are the trademark holder or whether you are an authorized representative for the holder. You can share all these information on ______________.
8. Fees and Services
We charge fees for services, such listing, memberships, service charges etc. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fee list, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
9. Taxes and Benefits:
YOU acknowledges and agrees that You will be solely responsible (a) for all tax liabilities associated with payments received from your Clients and through VDS, and that VDS will may deduct any taxes from payments to Freelancer (if required by the Law); (b) to obtain any liability, health, disability, or other insurance needed, desired, or required by law, and that you are not covered by or eligible for any insurance from VDS; (c) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of India for determining if VDS is required by applicable law to deduct any amount of the Freelancer Fees and for notifying VDS of any such requirement and indemnifying VDS for any requirement to pay any deductible amount to the appropriate authorities (including penalties and interest).
In the event of an audit of VDS, Freelancer agrees to promptly cooperate with VDS and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to VDS.
10. Content
We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory or trade libellous;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
11. Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of our feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
You may not use your Seller feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by us without our written permission.
12. Advertising
Unless otherwise agreed with us, you must not advertise an external website, product or service on our Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by us or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
13. Communication With other users and non-circumvention
You must not post your email address or any other contact information (including but not limited to phone number or other identifying strings) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users and will not try to circumvent the website through any other means including but not limited to email, telephone, google meet etc.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
14. Your Identity / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
(1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;
(2) take steps to confirm ownership of your email address or phone number; or
(3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your Aadhar card, voter ID or driver's licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Freelancer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Any disbursements, fund transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.
If you are not Verified by us you may not be able to withdraw funds from your VDS Account, and other restrictions may apply.
15. Your Services as freelancer:
When any buyer awarding a freelancer Project to You and your acceptance on the Website on the purchase of a service by a Buyer, You and Buyer will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and you agrees to deliver the Services as mutually agreed. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of Indian laws , international laws, statutes, ordinances and regulations relevant to you as a Seller or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under your Contract with the buyer.
Depending on the jurisdiction, Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. To the extent that any component of this User Agreement is in conflict with any of the Indian laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such laws and no further.
You acknowledges and agrees that the relationship between Yourself and the Buyer is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between you and any User.
16. Non-Disclosure, Confidentiality:
As a freelancer you will have access to and be entrusted with Confidential Information of the company/client and its customers and all of which information will be confidential. It is critical that you will not use any of it for your benefit or gain or divulge to any persons, firm, company, or other organisation whatsoever any Confidential Information, project details, compensation details or any other personal details or on-going work details with anyone outside of this agreement including the company/client , its customers, business associates.This restriction shall be applicable forever and apart from all the restrictions regarding the disclosure, you shall not discuss, argue, talk, share views or disclose on any public forum, social media handles, posts about any of your assignments you accomplished or engaged with client/company during your tenure with the company without any prior written approval from them.
"Confidential Information" means any and all data or information that is of value to the company, and is not generally known in the industry or to competitors of the company and includes, but is not limited to, business information, software, trade secrets, customer data, or any such information of clients, customers, affiliates, of the company which is disclosed by us, whether directly in oral or material form, or indirectly, but shall not include Non-Proprietary Information.
"Non-Proprietary Information" means information that: (i) is within the public domain at the date of disclosure or which thereafter enters the public domain through no fault of the consultant; or (ii) is already known to the Consultant at the time of its disclosure by the company and is not subject to confidentiality restrictions; or (iii) The company has given its prior written approval to disclose.
Provided that any information consisting of a combination of Non-Proprietary Information and Confidential Information will be considered as Confidential Information unless the combination itself is in the public domain or is received by the Consultant without obligation of confidence, is independently developed, or is approved for disclosure as described above. We wish to impress upon you that we don’t entertain/don’t solicit you bringing any confidential or proprietary material of any of your former client or any violation of any other obligations you may have as regards any of your former client.
17. Your earnings and Funds in VDS account
As a seller, you may have positive funds in your VDS account if you have successfully completed a Project and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program (if applicable).
Funds in your Account are held by us in our operating accounts held with financial institutions.
You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds. We reserve the right to collect any funds owed to us by any other legal means.
You ACKNOWLEDGE and AGREE that:
1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
3. we are not acting as a trustee or fiduciary with respect to such funds or payments;
4. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
5. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
6. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
18. Fund Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service; or
4. we are required to do so by law or applicable law enforcement agencies.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.
19. Your Fund Withdrawals
We may impose a minimum withdrawal amount for funds earned. The maximum you can withdraw per month is Rs. _______. unless otherwise specifically agreed with support. We may require you to be Verified by us before you can withdraw funds from your VDS Account. You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer requirement.
20. Inactive Accounts
Those user accounts that have not been logged into for a long period of time (12 months or more) shall be considered as inactive. We reserve the right to close Inactive Account. We reserve the right to close an account with nil or negative funds.
21. Account Suspension/Restriction:
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
1. if we determine that you have breached, or are acting in breach of this User Agreement;
2. if you under-bid on any Project in an attempt to renegotiate the actual price privately by circumventing our website in an attempt to avoid fees;
3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
5. you do not respond to account verification requests;
6. you do not complete account verification when requested within 3 months of the date of request;
7. to manage any risk of loss to us, a User, or any other person; or
8. for any other reasons.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to INR 1 Lakh Rupees for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
22. Disputes with other Users
You acknowledge and agree that in the event that a dispute arises between YOU and another buyer/User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us.
You also acknowledge that we is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold us and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify us from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
23. Governing Law and Dispute Resolution
a) Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the Republic of India, excluding its conflict of law principles. Jurisdiction shall be the courts of Bangalore, Karnataka, India.
b) Dispute Resolution:
i. Amicable Settlement: In case of any claim, matter, Dispute or controversy (collectively, “Dispute”) arising out of or concerning this Agreement, the senior officials of the Parties shall spend at least 30 (thirty) days in trying to resolve such Dispute amicably, through mutual discussion.
ii. Binding Arbitration: If Parties fail to resolve such Dispute amicably within 30 (thirty) days, then either Party may elect, through a written notice of at least 15 days served upon the other Party, to submit such Dispute to an expedited binding Arbitration, to be headed a sole Arbitrator, who the Parties shall mutually appoint. The Arbitration proceedings shall be conducted as per the provisions of the Arbitration & Conciliation Act, 1996, and the rules made thereunder, as amended from time to time. The language of the Arbitration proceeding (including that of the documents to be submitted therein) shall be English, and the1 seat shall be at Bangalore, Karnataka. The award passed by the Arbitrator shall be final and binding upon the Parties, which can be enforced through the court of appropriate jurisdiction.
iii. Challenges to Arbitration: Any challenges to the Arbitration mentioned above clause should be exclusively brought before the appropriate courts situated in Bangalore, Karnataka, India.
24. Force Majeure
When certain circumstances beyond your or our control arise, we both will be temporarily relieved from performing our obligations under this Agreement. The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to wars, labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control. During the reasonable the period of Force Majeure the agreement stand suspended for both the parties. Both parties shall have the equal right to terminate this agreement after the reasonable period of Force Majeure is over.
25. Closing Your Account
You may close your Account at any time. Account closure is subject to:
1. not having any outstanding listings on the Website;
2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
3. paying any outstanding fees or amounts owing on the Account.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
26. Privacy
We use your information as described in the our privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.
27. Indemnity
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the VDS website.
28. Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
29. Notices
Legal notices will be served or to the email address you provide to VDS during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to us must be given at the Email ____________.
30. Severability
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
31. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
32. Grievance Officer
In the compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Consumer Protection (E-Commerce) Rules, 2020 and other similar legislation and rules, we are mandated to appoint a Grievance Officer to address the user complaints.
Therefore, in the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any content or service or product of VDS in that case you may freely write your concerns to the Grievance Officer to:-
Name: Venugopal
Contact: +91 9900002572
Email: support@complimentdigitalsolutions.com
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