Terms of Use (Terms and Conditions) - www.vishumoney.com
This website and its related services are owned and operated by Vish-U Unity Private Limited. You agree that the use of this Website and its services, including those 3rd party / API terms which are incorporated by reference, is subject to these Terms and Conditions (Terms of Use)
1. General
1.1
The Terms and Conditions contained herein are subject to change, at our sole discretion. Such changes would be posted on this website, with the date of the latest updates. Such changes would also be intimated to the Users of the site who have provided us with a valid email address.
1.2
Users of this website are obliged to read the latest Terms and Conditions. Your continued use of this site is an acceptance of these Terms of conditions applicable from time to time.ess.
1.3
Failure or delay of the website to either partially or completely enforce these Terms and Conditions would not construe as a waiver of rights.
2. Definitions
2.1
The use of the terms www.vishumoney.com, “The Website”, “Site”, “We”, “Us” and “Our”, used interchangeably in the appropriate context all apply to Vish-U Unity Private Limited, a company incorporated as per the latest Company Act, as per the laws in India.
2.2
The words “User”, “You” or “Your” applies to those who sign up to use the Services of the website and of those provided by the partners or merchants featured on the website.
2.3
All references to the website would include all the URL’s operated by the website.
2.4
“Services” would refer to all features provided by the website, including any extensions to Mobile / Handsets, and those incorporated by reference. For online payments or transfer from the Vishumoney Wallet to other Wallets, certain additional Terms of Use for API’s may be applicable.
3. Privacy Policy
3.1
The Website takes all necessary precautions is ensuring the integrity and of all data provided by the Users. However, the website cannot guarantee the safety of all data disclosed Online. No such details would be divulged to any 3rd Party under any circumstances. Users may also be sharing personal and confidential information when they transact on other sites for purchases. Users are required to read the Privacy policy of those sites on which they disclose such information. The website will not be held responsible for the intrinsic risks involved in sharing such information online and for any breach of security unless this is due to our negligence.
4. Jurisdiction and Enforceability
4.1
The Jurisdiction of this “Terms and Conditions” would be the courts of Bangalore, India. Any dispute arising out of this Website would be resolved exclusively in the courts of Bangalore. However, the Terms and Conditions stipulated here do not infringe on your statutory rights as per the prevalent laws in the area of jurisdiction mentioned.
5. Eligibility
5.1
The website aims to cater to all age groups and geographies. However, those who register on this site agree to be 18 years of age and have their own email addresses and mobile phones, as may be required to use the features provided in the website. Those who are below the age of 18, agree to use permissible sections and offers of the site under the supervision and permission of their parents or legal guardians.
5.2
There could be offers from third party stores and brands that require a minimum age over and above 18 years old, or as the law of the land dictates. The Terms of Use of an offer, which are incorporated by reference in these Terms and Conditions would be applicable and the upper age limit specified in either of these Terms of use would apply.
5.3
Users also have to be understand the Use of the Vishumoney wallet and other wallets to which, and from which they could transfer money. They should be of sound mind to use Money that they have earned through their activities on this website and to redeem their money and / or Vishes (Points) that they have earned.
5.4
The Users, from time to time, also agree to any offers of redemption for purchases within the site, or on a partner site, where the terms of the particular offer would be deemed as an extension and complementary to the Terms and conditions contained herein.
5.5
The User hereby also accepts and acknowledges that he / she has not been previously been permanently suspended or removed from using the website.
5.6
If you are using the services on behalf of a legal entity, then you further warrant that
5.6.1
The Legal entity is permitted to use these services under the jurisdiction of its establishment and has the required mandate to do so.
5.6.2
The User has been duly authorized to represent the Legal entity to act on its behalf.
6. Use of the Wallet
6.1
Every User who successfully registers on the Website is provided with a Wallet. This Wallet enables the User to earn Money and collect Vishes. Vishes are nothing but real money, which can be converted at a certain stage to Real Money, or redeemed against offers and promotions within the website or on a partner website, at a specified conversion rate. This is intimated at regular intervals, to every User, based on their personalized calendar and preferences.
6.2
The Wallet will also be available on the Mobile, where the User would have to download the Vishumoney APP, and this also serves as the same Wallet. The terms and conditions of the mobile wallet would be an extension to the terms of use contained herein.
6.3
The Wallet would have API’s built in for use with other wallets and debit cards of several banks or payment gateways, to facilitate a transfer of money from and into the Vishumoney wallet. The Terms of Use for such API’s would be in an addition to those contained herein and will be incorporated by reference.
6.4
The User hereby accepts and acknowledges to take responsibility for all activities that occur under their Wallet and accepts all risks of any authorized and unauthorized access to your wallet. Unauthorized access arising out of negligence or oversight attributed to the website, is further specified in Section 8 of this Terms of Use.
7. User Privileges
7.1
The User accepts the hierarchy defined on the Website, where privileges are accorded, or allotted based on the information shared, activities completed, campaign contributions and Vishes earned and redeemed, as defined from time to time.
7.2
By accepting these Terms of Use, the User acknowledges that there may be a limitation to participation in the number of activities in a specified period.
7.3
User privileges are upgraded from a basic level to an advanced level based on the participation of the User, seniority, and loyalty, redemption of Vishes and any contests won. User privileges are dynamic and depend on several factors which are personalized and intimated as part of the Wallet and Activities summary.
7.4
Since certain components of User privileges are optional and apply at the discretion of the User, they are incorporated by reference in these Terms of Use.
7.5
The Website intends to provide Users with an opportunity to earn money by performing simple tasks, by using Coupons, discounts and offers to shop and save and also to promote these offers to their respective contacts. By accepting these Terms of Use, the User agrees to refrain from misusing these privileges, either by deliberately providing false or inaccurate information, creating multiple accounts, performing activities that can be construed as spam (with respect to the Website), or deliberately or accidentally involve in activities that are detrimental to either the performance or the reputation of the Website.
7.6
It is the prerogative, obligation and the responsibility of the User to promote offers to those who are eligible to use them and are of legal age, to do so. Failure to adhere to this would be considered as a violation of these Terms and Conditions and could also attract legal action, as per the law. The Website reserves the right to report such abuse to the concerned authorities, in addition to suspension/termination of the User’s account.
8. Limitations on Liability and Indemnity
8.1
The Website hosts a significant amount of Content, primarily in the form of coupons, discounts, Videos and other information / data as maybe relevant. However, the Website does not make a representation or warranty of any kind, clearly specified or implied, regarding the contents of the website, the links provided to other websites or payment gateways and any other navigation or transfer of information from or to the Vishumoney website.
8.2
We do not take any responsibility or will not be held liable for any loss for the User engaging in services hosted on our website, including but certainly not limited to claims, damages or penalties arising from
8.2.1
Incomplete transactions attributed to reasons external to the performance of our Website (Vishumoney)
8.2.2
Breach of security due to the User’s failure to logout of the account and accessing the site from unsecure networks or locations.
8.2.3
Any fraud related to Debit / Credit cards or other online wallets. The liability of any online transaction would be on the User, including fraudulent transactions. It would be the responsibility of the User to “prove otherwise” to either disown, or share the onus and clearly identify the reasons leading to such fraudulent transactions.
8.2.4
Data loss due to Server errors or unauthorized access to applications
8.2.5
Any 3rd party activities like Phishing, virus attacks or any other intrusive methods against the website.
8.3
The User shall indemnify and hold harmless to VishuMoney and its subsidiaries, agents, employees and affiliates from any and all liabilities, claims, losses, damages and expenses related to such claims arising out of a User’s actions or negligence, including, but not limited to warranties, representations and undertakings under the ambit of this agreement. The User shall also indemnify and hold harmless to Vishumoney and its subsidiaries, agents, affiliates and employees from any losses or damages arising due to the User’s deliberate or inadvertent infringement of any statutory laws or regulations, Intellectual property, trademarks, copyrights, violation of privacy or confidential information, or loss of reputation or other rights.
9. Blocking and discontinuation of Services
9.1
The Website, at its sole discretion, reserves the right to temporarily or permanently block a User from accessing the Website and the services offered, if the User fails to agree to these Terms of Use.
9.2
The Website, at its sole discretion and without notice, reserves the right to discontinue, modify, replace or supersede any or all of its services.
9.3
A User whose account and access to the Wallet is blocked, may or may not be able to utilize the funds available in the Wallet, based on the nature of violation, the status of the subject violation under consideration or a Security breach attributed to a third party, addressed specifically in Section 8 of these Terms of Use.
10. No Liability on third Party Content and Services
10.1
The Vishumoney website contains a considerable amount of Content and Services provided by Third parties, which include online stores, brands and service providers. While we take significant precautions and efforts to confirm the veracity of the content, we are not in total control about the accuracy of such content or the concurrency or validity of the offer.
10.2
Vishumoney primarily acts as an intermediary, aggregator and facilitator of deals, coupons, offers and promotions in the digital space and is not responsible for both the Content posted by a third party or sourced under an agreement. Vishumoney is not responsible for the warranty of the products provided by a third party, or the quality of service provided by a third party as per the information listed in any offer
10.3
It is implied that the User reads the Terms and Conditions provided by a third party, before the fulfillment of a transaction on our website or a third party’s site. Any such dealings or transactions with a third party would be at the User’s risk.
11. Intellectual Property rights
11.1
The Content, Logos, Layouts and the operational guidelines are the Intellectual property of Vishumoney and are protected by applicable laws. The Logos of our partners and of those stores and brands featured on our website are the intellectual property of the respective owners.
11.2
You accept and acknowledge that the material and content contained within the Website is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Website. You further acknowledge that any other use of content from the Website is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights.
11.3
You agree to retain all copyright and other proprietary notices contained in the material and content within the Website on any copy you make of the material, but failing to do so shall not prejudice the website’s intellectual property rights therein.
11.4
You may not sell, modify or distribute the Website materials or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
11.5
You may not copy any material or content contained on the Website or accessible through the Website without our written permission. Any rights not expressly granted herein to use the materials contained on the Website are reserved by VishuMoney in full.
12. Force Majeure
If by reason of any Force Majeure Event, the Services of the Website is delayed or prevented from complying with any of these Terms, then such delay or non-compliance shall not be deemed to be a breach of these Terms and no loss or damage shall be claimed by you by reason thereof.
13. Nature of Agreement
This agreement is between the User and the website and is not transferable. These Terms and Conditions and those that are incorporated by reference form the complete set of understanding between the User and the Website. These Terms and conditions are subject to change and can be revised from time to time.