VYPECORP GENERAL USER TERMS AND CONDITIONS
Welcome to Vypecorp!
- Introduction
- Vypecorp Private Limited is a private limited company incorporated under the Companies Act, 2013, having
its registered office at Vypecorp Private Limited, B/79, Kandivali Co-operative Industrial Estate,
Charkop, Kandivali (West), Mumbai – 400067, ("Company"; "We"; “Our”;
“Us”; "Vypecorp"). The Company owns, operates and manages the website vypecorp.com (“Website”) and the
mobile application Vype for mobiles, smart devices and any other compatible device
(“Application”) under this brand ‘Vype’
(collectively referred to as the ‘Platform’).
- The Company provides the User access to this Platform, including all information, tools and services
available from this Platform, the access to browse through and/or avail the Vype Solutions through the
Platform, conditioned upon Your acceptance of all terms, conditions, policies and notices stated herein.
The User’s use of the Platform and Services, including but not limited to viewing information,
acting on such information and the transactions that may be implemented through the Platform, is
governed by and shall be subject to these terms and conditions (hereinafter referred as
“Terms of Service” or “Terms”), the terms
whereof are subject to change at any time, without prior notice to You. Any new features or tools which
may be added to the Platform by the Company shall also be part of the Terms of Service. To ensure that
You are aware of the changes, please review the Terms of Service and all the documents referred to
hereunder periodically.
- If You continue to browse through this Platform, You are agreeing to be bound by the Terms which along
with the terms of the Privacy Policy, as displayed on the Platform, govern your relationship with us.
Further, You confirm that You have also read and agreed/accepted to be bound by all additional
guidelines, rules, conditions and disclaimers, if any, displayed on the Platform, which shall deem to be
a part of these Terms of Service. In the event of any conflict between the Terms of Service and any
terms and conditions with respect to any Vype Solutions, the terms and conditions applicable to such
Vype Solutions shall prevail.
- In the event You are representing an incorporated entity, You hereby confirm that You have been
expressly authorised by such entity to consent the Terms of Service, and such entity agrees to be bound
by the terms hereunder.
- The Terms of Service shall be legally binding on the Users. Therefore, kindly read the Terms of Service
carefully before accessing or using the Platform and/or the Services.
- These Terms of Service apply to all Users of the Platform, including without limitation users who are
browsers, vendors, and/ or contributors of data, content, information, pictorial representations and/or
images.
- The Platform and Services can be accessed and used by those individuals or business entities, including
sole proprietorship firms, companies and partnerships, which can form legally binding contracts under
the applicable law. Only individuals who are eighteen (18) years of age or older may use the Platform
and avail Services. The Company reserves the right to terminate the User Account and / or deny access to
the Platform if it is brought to the Company’s notice or if is discovered that the User does not
meet the conditions herein.
- Definition
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context
otherwise requires, the following capitalized terms wherever used in these Terms shall have the meanings as
ascribed hereunder:
- “Customer” means any User who avails/has availed the Vype Solutions offered
on the Platform by the Company subject to the terms and conditions stipulated in these Terms, specific
service related terms, any additional conditions and disclaimers as displayed by the Company in any part
of the Platform.
- "Payment Method" means a payment method that You have added to Your User Account, such
as a credit card, debit card, net banking, Unified Payments Interface (UPI), or any wallets etc., and is
being used for undertaking the payment for the Services.
- “Users” “You” or
“Your” means any natural or legal persons/entity(ies) (including the
Customers), who have access to the Platform for availing the Vype Solutions offered by the Company, in
accordance with these Terms. The term “Users”
“You” or “Your” shall mean and include any
other persons/entity who access the Platform without such a User Account.
- "Vype Solutions" or “Services” all services listed on the
Platform, offered by the Company upon request placed by the Customers on the Platform in the manner
indicated in these Terms. The list of services are subject to modification/change
- Terms of Service
- The Company will provide Services to You subject to continuous compliance with the terms and conditions
stipulated in this document. The Services are extended through the Platform that enables You: (i) to
browse through the Vype Solutions offered by the Company; and (ii) to arrange and schedule the
appointment for availing any Vype Solutions from the Company at the time of booking an appointment; and
(ii) to make payments to the Company towards such Vype Solution rendered by the Company to You.
- You agree that any Vype Solutions availed through the Platform shall be subject to certain specific and
additional terms and conditions, as may be communicated by the Company from time to time.
- In the process of developing the Platform, Vypecorp has made every effort to offer correct and clearly
expressed information possible. Nevertheless, inadvertent errors may occur including but not limited to
the factors mentioned herein. Vypecorp does not have any responsibility for any errors and accuracy of
the information available on the Platform. The User may give us feedback pertaining to any error or
issue in the contents on the Platform and/or Services by contacting the customer service. The Company
also reserves the right and discretion to make any changes/corrections or withdraw/add contents on the
Platform and/or Services at any time as it may deem fit.
- The Company may at its sole discretion, create promotional codes that may be redeemed for account credit
or any other benefits or features extended to the User, subject to any terms and conditions as may be
specified therein. You agree that the promotional codes shall be subject to the terms and conditions as
associated therein and specified by the Company. The terms and conditions specified herein shall
continue to apply.
- The Company may at its sole discretion, award gift cards to the User, which the User may, in the form of
gift, transfer to any third person who may or may not be an existing user on the Platform. The gift card
may be utilised by any such third party for availing the designated Vype Solutions available on the
Platform, subject to any additional terms as may be communicated by the Company at such time. The third
party shall however, be required to register and create User Account on the Platform and shall be bound
by the terms and conditions specified herein.
- We reserve the right at any time to modify, suspend or discontinue the Service and/ or eliminate any
aspect or features of the Platform and/or the Services (or any part or content thereof) as it deems fit,
without notice at any time and shall not be held liable to any third party for such change or
modification or discontinuation as specified hereinabove. The Company makes no commitment, express or
implied, to maintain or continue any aspect of the Platform / Services. All prices are subject to
change, as the Company may deem fit at any time. The Company will notify you about any change in the
Terms of Service or the fees or the Services or features of Platforms, via any medium including notice
on the Platform.
- Responsibilities of the Users
- Upon confirmation of Your appointment for availing any Vype Solutions on the Platform, You are deemed to
acknowledge and agree to the service specific conditions/disclaimers vis-à-vis such Vype
Solutions availed by You as indicated on the Platform from time to time.
- The Platform and the Services are provided on an "AS IS" basis with all faults and without any warranty
of any kind. You may give Us a prompt feedback about the Vype Solutions availed by You and Company
reserves the right and discretion to take any action in this regard.
- You agree that Vypecorp shall utilize the information provided by You in accordance with its privacy
policy specified on the Website and the Application. You hereby expressly agree that Your details
including but not limited to name, contact details, residential address, email address may be provided
by the Company to its personnel/employees/representatives/affiliates (“Vype
Representatives”) who may use the same to contact You and provide Vype Solutions as
requested by You.
- You shall be diligent and cautious prior to handing over Your products to Vype Representatives
for the purposes of rendering Vype Solutions. Any theft/damage to Your product; spare parts;
accessories; products shall not be compensated by the Company in any manner whatsoever. You are required
to ensure Your/ Your representative’s presence at the agreed time of performance of Vype
Solutions.
- For Pet Services, You shall be responsible for providing for pet-proofing residence both inside and out,
including securing doors, fences, gates, latches and openings which could potentially result in escape.
For dogs and cats, You must ensure that each pet’s collar includes Your current contact
information and a current rabies vaccination tag. You shall authorize Us to use all means reasonably
necessary in Our discretion to provide Pet Services under this Agreement
- You will treat the Vype Representatives assigned to You through the Platform with dignity and respect
and You shall not cause harm to them or engage in any unlawful, threatening, harassing, abusive
behaviour or activity whilst availing the Vype Solutions.
- You acknowledge and agree that it might not be possible for the Company to offer Vype Solutions at some
locations owing to certain restrictions/limitations imposed by the concerned statutory authority; or
government department; provincial, local or municipal government, including without limitation any
Covid-19 related restrictions which renders provision of Vype Solutions at such locations inconceivable.
In such cases, the Company will inform you accordingly and arrange for cancellation of the order or
render Service to any alternative location as may be mutually agreed between You and the Company at such
time.
- The Application and Website is compatible only with certain devices/tablets/instruments/ hardware. The
Company shall not be obligated to provide or update compatible hardware or devices necessary to access
or use the Services and Website/ Application and any updated thereto. The Company reserves the right to
upgrade the table/ type of compatible devices as it may deem fit from time to time.
- The Company shall have no responsibility for any loss or damage caused to device or any other hardware
and / or software and/or instrument, including loss of data or effect on the processing speed, resulting
from Your use of our Services.
- The Vype Solutions are available only in India and to persons resident in India. Further, the Platform
is hosted on the servers of the Company located in India and You acknowledge, agree and confirm that all
the personal information shared by You on the Platform is limited to your coordinates in India.
- Registration
- In order to access the Application/Website and to provide and/or avail the Services, the User
shall be required to register himself/herself/itself with the Website/ Application and maintain
an account with the Application/Website (“User Account”). The User
will be required to furnish certain information and details, including the name, mobile number,
e-mail address, address of the User and/or its representative (in case of a legal entity), and
any other information deemed necessary by the Application/ Website to duly complete the e-KYC
verification process on the Platform.
- Upon successfully completing the registration process, You can access the Platform and the
Services
rendered on the Platform.
- Bookings for Vype Solutions
- Billing and Refunds
- You understand that the Vype Solutions offered by the Company are listed on the Website/ Application and
You may avail such Vype Solutions, subject to specified fees and charges as may be displayed on the
Platform.
- The fee for the Vype Solutions may be charged from You at the time of booking of Services or upon
completion of the same. The fees payable for any Service will be displayed to the User prior to booking
of the Service.
- The fees paid by You to Vypecorp via the Website/ Application will be inclusive of taxes and shall be
final and non-refundable, subject to applicable laws.
- We shall collect the payment of fees for the Vype Solutions selected by the User via a third party
payment aggregator platform or via the wallets associated with the User Account. The User may also
undertake payment of the fees via gift cards sent to him/ her/it via any other third person who is a
User of the Website/ Application. We will raise a system generated invoice and send it to the User
specifying the details of the Service and the amount paid by the User.
- Once the transaction of the User is confirmed and completed, the User will receive a confirmation email
and message on his/ her/its registered email address and contact number respectively, summarizing the
details thereunder.
- The Company does not collect any information pertaining to the payment method or related details of the
User and shall not be liable for any breach or actions related to the payment methods made available by
the third party payment aggregators. The User shall read the privacy policy of the third party payment
aggregator prior to submitting any details related to the same.
- Conduct of the User
You understand and agree that You are solely responsible for compliance with any and all applicable laws,
rules, regulations that may apply to Your use of the Website, Application, and Services. With respect to the
Terms, the following may be noted:-
- It is the sole responsibility of the User to ensure that the Use Account information provided by the
User is accurate, complete and latest.
- You shall be responsible for maintaining the confidentiality of the User Account information and for all
activities that occur under the User Account. You shall immediately notify the Company of any
unauthorized use of Your User Account. If there is reason to believe that there is likely to be a breach
of security or misuse of Your User Account, we may request You to change the password or we may suspend
Your User Account or take any other action deemed necessary, without any liability on the Company, for
such period of time as the Company deem appropriate in the circumstances. The Company shall not be
liable for any loss or damage arising from Your failure to comply with this provision.
- You acknowledge and agree that the accessibility to the Website/ Application is dependent on multiple
external factors such as internet service providers, location, bandwidth and the Company does not
guarantee accessibility to the Website/ Application at all times. In addition to the disclaimers and
conditions set forth in the Terms of Service, the Company shall not be liable to the User for any
damages arising from Your inability to log into Your User Account and access the Services provided via
the Website/ Application at any time.
- The Services availed through the Website or the Application are for Your personal and non-commercial use
only and any other usage of the Application, Website or Services is prohibited. Your personal and
non-commercial use of the Website, Application and / or Services shall be subjected to the following
restrictions:
- You may not decompile, reverse engineer, or disassemble the contents of the Application and / or
Website
and/or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish,
license,
create derivative works from, transfer, or sell any information or software obtained from the
Application and / or Website and/or Services, or remove any copyright, trademark registration, or
other
proprietary notices from the contents of the Application and / or Website and/or Services.
- You will not (a) use this Application and / or our Website and/or any of our Service/s for
commercial
purposes of any kind, or (b) use the Application and / or Website/ and Services in any way that is
unlawful, or harms the Company or any other person or entity as determined by the Company.
- No User shall be permitted to perform any of the following prohibited activities while availing our
Services:
- Making, transmitting or storing electronic copies of materials protected by copyright
without the
permission of the owner, committing any act that amounts to the infringement of intellectual
property or
making available any material that infringes any intellectual property rights or other
proprietary
rights of anyone else;
- Impersonate any person or entity, or falsely state the details;
- Access or use the Application/Website in any manner that could damage, disable, overburden
or impair any
of the Application's/Website's servers or the networks connected to any of the servers on
which the
Application/Website is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any
applicable laws
related to the access to or use of the Application/Website/Services, violate any
requirements,
procedures, policies or regulations of networks connected to the
Application/Website/Services, or engage
in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the
Application/Website,
materials, systems resources, or gain unauthorized access to User Accounts, passwords,
servers or
networks connected to or accessible through the Application/Website/Services or any
affiliated or linked
sites;
- Interfere with, or inhibit any user from using and enjoying access to the
Application/Website/ Services,
or other affiliated sites, or engage in disruptive attacks such as denial of service attack
on the
Application/Website/Services;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or
methodology,
or any similar or equivalent manual process, to increase traffic to the
Application/Website/Services, to
access, acquire, copy or monitor any portion of the Application /Website/Services, or in any
way
reproduce or circumvent the navigational structure or presentation of the
Website/Application, or any
content, to obtain or attempt to obtain any content, documents or information through any
means not
specifically made available through the Application/ Website/Services;
- Alter or modify any details of the Services via wrongful means;
- Any fraudulent use of the Platform or applicable payment method to avail the Services, which
causes any
monetary loss to the Company as a result of Your action/inaction shall be recovered from
You. Without
prejudice to the above, the Company reserves the right to initiate legal proceedings against
You for the
fraudulent use of this Platform or for any other unlawful act or omission in breach of this
Buyer’s Agreement
- Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any
applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the Application
/Website/Services.
- Proprietary Information and Intellectual Property Rights
- Except as expressly stated in the Terms of Service, all information, content, material, trademarks,
services marks, trade names, and trade secrets including but not limited to the software, text, images,
graphics, video, script and audio, contained in the Platform and/or Services are proprietary property of
Vypecorp (“Proprietary Information”). No Proprietary Information may be
copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in
any way without obtaining prior written permission of Vypecorp and nothing on the Platform and/or
Services shall be deemed to confer a license of or any other right, interest or title to or in any of
the intellectual property rights belonging to the Company, to the User. The Company shall at all times
retain full and complete title to the information, content or materials and all intellectual property
rights inserted by the Company on such medium. The Platform and Services are protected by the copyright,
trademark, patent and other applicable laws of India.
- Vypecorp grants You a limited, non-exclusive, non-transferable right to access the Services. Except the
right specifically mentioned herein, no right, title or interest shall be transferred to the User.
- You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights
in or associated with the Platform and/or Services. All trademarks, service marks, logos, trade names,
and any other proprietary designations of Vypecorp used on or in connection with the Platform and/and
Services are trademarks of Vypecorp in India and abroad and are subject to the exclusive ownership of
Vypecorp.
- Certain contents on the Platform may belong to third parties. Such contents have been reproduced after
taking prior consent from said party and all rights relating to such content will remain with such third
party. Further, You agree and acknowledge that the ownership of all trademarks, copyright, logos,
service marks and other intellectual property owned by any third party shall continue to vest with such
party. You are not permitted to use the same without the consent of the respective third party.
- Breach and Violation of the Terms
- In the event of any breach of these Terms by the User, the User agrees that the Company will be
irreparably harmed and may not have an adequate remedy in money or damages. The Company will be
entitled to injunctive relief in addition to all applicable legal remedies.
- Any violation of the Terms of Service or any other policy of the Company by the User may result in
immediate suspension or termination of the User Account apart from any legal remedy that the Company can
avail as per the applicable law. The violation of these Terms could also result in civil or criminal
liability under applicable laws.
- Indemnity and Liability
- The User agrees to defend, indemnify and hold harmless the Company, its officers, directors,
employees and agents including Vype Representatives, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) use of and access of the
Application/Website/Services by the User; (ii) violation by the User of these Terms and/or the
privacy policy or any other conditions/disclaimers displayed on the Platform from time to time;
(iii) violation by the User of any third party right, including without limitation, any
copyright, property, or privacy right; (iv) any claim that the User’s use of the
Application/Website/Services has caused damage to a third party. This obligation will survive
the Terms of Service.
- In addition to the terms expressly provided, in no event shall the Company, its officers,
directors,
employees, partners or agents be liable to the User or any third party for any special,
incidental,
indirect, consequential or punitive damages whatsoever, including those resulting from loss of
use, data
or profits or any other claim arising out, of or in connection with, the User’s access to,
the
Application/ Website/ use of the Services.
- Notwithstanding any other terms of the Terms of Service, the liability of the Company towards
any use of
the Services and/or access of the Platform or pursuant to the Terms of Service or on account of
any
other reason, shall at all times be limited to the amount of consideration or fees received by
Us from
such User for the Service.
- Disclaimer
- You acknowledge, agree and confirm that the Company and/or the Vype Representatives will not be
held
responsible or in default for any delays or failure or issues in the performance resulting from
acts
beyond the control of the Company, including but not limited to acts of God, weather (floods,
tempest,
tsunami etc), power failure, governmental actions, war or national emergency (whether declared
or not),
acts of terrorism, protests, riot, lockdowns, civil commotion, fire, explosion, flood, and/or
pandemics/epidemics.
- Third Party Links
- You hereby acknowledge, agree and confirm that certain content, products and services
available
through the Services offered on the Platform may include materials from third-parties.
- Any third-party links on the Platform may direct You to third-party platforms that are not
affiliated
with Us. We are not responsible for examining or evaluating the content or accuracy and We do
not
warrant and will not have any liability or responsibility for any such third-party materials or
platforms, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services,
resources,
content, or any other transactions made in connection with any third-party platforms. Please
review
carefully the third-party's policies and practices and make sure You understand them before You
engage
in any transaction. Any complaints, claims, concerns, or questions regarding third-party
products should
be directed to the third-party.
- Miscellaneous Provisions
- Change/ Modification
The Company has the right to change modify, suspend, or discontinue and/or eliminate any
aspect(s),
features
or functionality of the Application/ Website or the Services as it deems fit at any time. The
Company has
the right to amend these Terms from time to time as it deems fit. The Company makes no
commitment,
express
or implied, to maintain or continue any aspect of the Application/ Website/ Services. All prices
are
subject
to change, as the Company may deem fit at any time. The Company will notify You about any change
in
the
Terms of Service or the fees via any medium including notice on the Website/ Application.
- Governing Law & Jurisdiction
- This Terms of Service shall be governed and construed in accordance with the laws of India
without
reference to any choice or conflict of laws provisions. Subject to 14(b)(ii) below, the courts
of Mumbai
shall have exclusive jurisdiction in case of any matter arising out of or in connection with
this
Agreement.
- The disputes arising out of or in connection with the Terms of Service and/or any other
conditions/disclaimers forming part of the Platform shall be referred to arbitration to be
conducted by
sole arbitrator appointed by the Company and shall be settled in accordance with the Arbitration
and
Conciliation Act, 1996, as may be amended from time to time. The decision of the sole arbitrator
shall
be final and binding on the Parties. The venue and seat of arbitration shall be Mumbai and
language
shall be English.
- Covid-19 Disclaimer
- At Vypecorp, We have quality, hygiene & safety built into our operations formally. In fact,
it is
more stringent in the wake of the COVID 19 pandemic, in the form of single use product kits,
single use
and disposable consumables, standard operating processes, regular and surprise audits and linked
accountability for Vype Representatives implemented by the Company from time to time.
- According to WHO as well as information available in the public domain, majority of people that
have
tested positive are asymptomatic, which means that they show zero symptoms of the virus. There
is
therefore a chance that an infected individual might be able to pass through all the measures
that we
have in place without raising a red flag.
- Notwithstanding the above, the Customers are requested to be aware of this and take their own
considered
decision to avail of our Services. In the event of anyone testing positive, Our liability will
be
limited to being as supportive with reporting and sharing information to help the individual
seek
medical attention and contain it for those in the contact list
- Entire Agreement
The Terms, along with the Privacy Policy, and any other guidelines made applicable to the
Application/
Website/ Services from time to time, constitute the entire agreement between the Company and the
User with
respect to the access to or use of the Application, Website and the Services thereof.
- Assignment
The User cannot assign or otherwise transfer their registration, rights or obligations under the
Terms, or
any right granted hereunder to any third party. The Company's rights or obligations under the Terms
of
Service are freely transferable by the Company to any third parties without prior written consent of
the
User.
- Severability
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion
thereof,
to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give effect
to the intent of the parties as reflected by that provision, and the remainder of the Terms shall
continue
in full force and effect.
- Waiver
Any failure by the Company to enforce or exercise any provision of the Terms, or any related right,
shall not
constitute a waiver by the Company of that provision or right.
- Feedback
Any feedback provided by the User with respect to the Application shall be deemed to be
non-confidential and
may be used on an unrestricted basis to improve the quality of Services offered by the Company.
Further, the
User represent and warrant that (i) the feedback does not contain confidential or proprietary
information of
the User or of third parties; (ii) the Company is not under any obligation of confidentiality,
express or
implied, with respect to the feedback; and (iii) the User is not entitled to any compensation or
reimbursement of any kind from the Company for the feedback under any circumstances.
- Customer Service
We attempt to make all best endeavours to provide our Users with a content, satisfying and enjoyable
experience. In the unlikely event that You face any issues or wish to give any feedback, please
contact us
at [email protected]
You acknowledge and agree to the Terms and understand that they shall apply to Your use of the
Website/Application and Services. The Company has given You a reasonable opportunity to review these
Terms
and after reviewing and understanding the Terms, You have agreed to the same.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE
THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY
PHYSICAL OR
DIGITAL SIGNATURES. PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY ACCESSING AND/OR USING THIS
PLATFORM
YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU
SHOULD
IMMEDIATELY LEAVE THE PLATFORM AND DISCONTINUE THE USE OF THE SERVICES.