Terms of Service
Updated 26 February 2014
Please read the following terms of service carefully before registering, accessing, browsing, downloading or using the site. By accessing or using the site or by using the service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
The Terms of Service (as may be amended from time to time, the "Agreement") is a legal contract between you, an individual customer, member, user, or beneficiary of this service ("You"), and Solutions Infini Technologies (I) Pvt. Ltd. having its registered office at 369, 2nd Floor, 1st A Cross, 7th Block, Koramangala, Bangalore - 560095 and headquartered at 45/B, 1st Floor, 1st A Main, Sarakki Industrial Layout, 3rd Phase, J.P.Nagar, Bangalore - 560078.
Vizdesk is a platform owned by Solutions Infini Technologies (I) Pvt. Ltd. Vizdesk provides visitor logging and management services for establishments (the "Service"). The Service is provided by Vizdesk and/or its affiliates and/or its or their respective successors and assigns (collectively "Vizdesk" or "we") to you (and everyone affiliated with you and/or your company to whom you provide the right to access the Service ("you" or "your"), subject to the terms of these Terms and Conditions of Use and all modifications thereto, and the other rules that may be published from time to time by Vizdesk. ("Terms and Conditions" or "Agreement"). From time to time we may notify you of updates or new versions of the Service. Your usage of the updated or new versions of the Service confirms your acceptance of, and is also subject to, these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not use the Service.
General Conditions and Restrictions
You agree to use the Service solely for your own personal or commercial use as an online visitor management platform. Since Vizdesk strives to protect personal information and privacy, we guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by Vizdesk. You agree not to transfer, assign, sublicense or resell the Service, in whole or in part, unless you are an authorized partner of Vizdesk and only pursuant to a partners' agreement entered into between you and Vizdesk ("Partners' Agreement"), and you further agree not to allow any third party unauthorized access to the Service. Vizdesk may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Service, with notice to you, by sending you an e-mail and by publishing on the website regarding the change.
You agree that any use of the Service by you during the period of thirty (30) days after such notice has been posted on the Vizdesk Web Site for the first time, or at any time after the receipt of an e-mail advising you of such change, shall constitute your consent to the new or revised Terms and Conditions. Unless produced by Vizdesk, the information you access or receive by using the Service is not, controlled, verified or endorsed by Vizdesk in any way. By using the Service you agree to:
- Determine whether the information complies with your needs;
- Determine whether you have adequate legal rights to store, reproduce or otherwise make use of the information in the manner contemplated by you; and
- Comply with all domestic and international laws and any other any legal obligations, including but not limited to, obligations imposed by copyright, trademark, trade secrets, defamation, decency, privacy, security and export laws.
You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you or your Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of any law or these Terms and Conditions. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to or suspected by you. Vizdesk assumes no responsibility for the deletion of or failure to store electronic messages, communications, or other information submitted by you or your Visitors using Vizdesk, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service at Vizdesk's sole discretion. By way of example but not limitation, Vizdesk reserves the right to terminate this Agreement at any time if Vizdesk determines, in its sole discretion, that your site or activities are unsuitable for the Service. "Unsuitable" sites or activities may include, without limitation, those sites that Vizdesk believes:
- Display or promote obscene, indecent, pornographic or sexually explicit activities;
- Promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities or fail to comply with applicable law;
- Violate the intellectual property rights of third parties; or
- Have the potential to interfere with the use, enjoyment, deployment or operation of the Service by other Visitors.
Email and SMS Notifications
The email and SMS notifications used in Vizdesk are transmitted through a third-party application. While the data you transmit is completely secure, you agree that Vizdesk cannot be held liable for any discrepancy arising out of their usage.
- The SMS notifications sent to your visitors and your staff are transmitted through a Transactional Route. You hereby agree that you will not use promotional content or content that hurts the sentiments of any particular religion, region, race, caste, gender, nationality or anything that offends people or organizations. Using any other content other than those that are relevant to your visitors and their visits will be deemed as a strict violation of the regulations outlined by the Telecom Regulatory Authority of India (TRAI), the Department of Telecommunications (DoT) and the Telecom Commercial Communications Customer Preference (TCCCP) Regulations, 2010. The penalties and judicial action arising out of violations of the aforesaid regulations will have to be borne by you and you will keep Vizdesk free from involvement.
- The timely delivery of notification SMS and Emails are dependent on third party vendors and network providers. You agree keep Vizdesk free from blame in case of non-delivery or delay in delivery of such SMS and Emails.
Grant of Limited License
Subject to the terms and conditions of this Agreement, Vizdesk grants to you a non-exclusive, non-transferable, limited license to the Service solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You agree not to do any of the following:
- Copy the source code of the Service or its content
- Translate the Service or its content
- Merge the Service with another program
- Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, decompile, alter, duplicate, or make copies of the Service, or the Vizdesk Web Site
- Sublicense, rent, or lease any portion of the Service unless you are an authorized partner of Vizdesk and then only pursuant to your Partners' Agreement
- Use the Service for unauthorized commercial purposes (that is, for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement, unless you do so as an authorized partner of Vizdesk pursuant to your Partners' Agreement
- Unless authorized in writing by Vizdesk, use the Vizdesk monitor tags on web pages or email campaigns which generate over 1,000,000 visits per month or over 500 concurrent visitors at any given time.
- Harass, threaten, embarrass or cause distress or discomfort to any Visitor, or any other individual or entity
- Impersonate any other person or entity, including without limitation any Vizdesk official, or misrepresent your affiliation with any other person or entity, or
- Send unsolicited bulk e-mail (spam) with a link to the Service (including button code or monitor tag) or Vizdesk Web Site, or a link to a web site that contains a link to the Service or Vizdesk Web Site.
Intellectual Property Rights and Privacy
You acknowledge and agree that Vizdesk is the sole owner of the Service including without limitation, all applicable Indian and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Internet user data collected by Vizdesk in the course of fulfilling its obligations under this Agreement shall be used by Vizdesk in accordance with the then-current Vizdesk privacy statement located here. You acknowledge that no title to the intellectual property in the Service transferred to you. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of Vizdesk and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by Vizdesk, including without limitation, any usernames and/or passwords.
You agree that you will not share the Service to any country, person, entity, or end user in violation of the Republic of India’s export restrictions.
Disclaimer of Warranties
The service is provided "as is, as available" without warranty of any kind, either express or implied. Without limiting the foregoing, Vizdesk specifically disclaims any and all warranties, including, but not limited to:
- Any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and
- Any warranties of merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the service, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
It is your sole responsibility to isolate the service and execute anti-contamination service and otherwise take steps to ensure that service or other information obtained from the service, if contaminated or infected, will not damage your information or system. Vizdesk makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from Vizdesk, shall create any warranty not expressly made herein. Vizdesk assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information, chat records or messages.
Limitation of Liability
In no event shall Vizdesk, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person
- 1. for any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the service, even if Vizdesk shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or
- For any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service, or any other software or other content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Vizdesk's liability shall be limited to the fullest extent permitted by law.
You agree that in no event will Vizdesk's total liability exceed the total of the monthly fees, if any, paid by you for the service during the 12-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, Vizdesk shall have no liability whatsoever to you.
Vizdesk does not have a refund policy. You agree that you do not have a right to withdraw from a transaction or obtain a refund once the payment is done and realized, delivery of the content has started or the performance of the service has commenced, at which point your transaction is final.
By using the Service, you agree to indemnify, defend, and hold Vizdesk harmless for any claims, damages, proceedings, losses, costs and/or expenses (including attorneys' fees and expenses) arising in connection with or related to your breach of any of the provisions, terms or conditions set forth in this Agreement or your use of the Service.
You may terminate this Agreement at any time upon written notice to Vizdesk, but you shall be responsible for payment of all amounts then due to Vizdesk at the time of termination. Vizdesk may, in its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time with or without cause, immediately upon giving written notice to you. Upon termination, you will immediately cease all use of the Service and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and Vizdesk shall have no obligation, to forward any messages or information to you, your Visitors or any other third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
Vizdesk shall not be liable to you or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such person due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire or other acts of God, strike, unavailability of energy sources or any other causes beyond Vizdesk's reasonable control.
You shall comply with all export laws, restrictions and regulations laid out by the Foreign Trade (Development and Regulation) Act, 1992, of the Government of India or other Indian or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using the Service, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
This Agreement, together with any Exhibits hereto, contains the entire agreement of the parties, and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Vizdesk may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. Any waiver (express or implied) by Vizdesk of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of Vizdesk. By entering into this Agreement, you acknowledge that you are transacting business with Vizdesk in the Republic of India. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the Republic of India and exclusive venue shall be in the criminal courts & Supreme Courts of India. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.