(“Varselor” or “Company” or “We” or “Our” or “Us”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND COMPANY.
In these Terms,
(i) the words "including" and "include" mean "including, but not limited to."
(ii) "You", “Your” or "User" shall mean any natural or legal person who registers as a user or the Services or accesses certain features if the Services as a visitor.
By accessing or using Website, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services (defined in Section 1) on the Website. These Terms expressly supersede prior agreements or arrangements with you. Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
- Affiliate: Any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with us.
- “Clients” shall mean the Users who purchase Vendor Services and/or Company Paid Services on the Website.
- “Company Paid Services” is given the meaning as set out in Section 3.5.
- “Company Work Product” shall mean any tangible or intangible advice, results, reports, documentation, work product, or deliverables as agreed to be provided as a part of the Company Paid Services.
- “Force Majeure Event” shall mean any acts, matters or circumstances which are not within the reasonable control of the parties, and may include natural disasters, floods, windstorms, earthquakes, wars, civil wars, terrorism, riots, sabotage, acts or embargoes of governmental or quasi-governmental authorities, regulations or restrictions imposed by law or by court action, power failures, and in principle, industry-wide lock-outs and/or strikes, epidemics/pandemics or quarantine restrictions, labor stoppages or disputes of any similar kind, freight embargoes and interruption of transportation.
- “Vendors” shall mean Users who list and sell Vendor Services to Clients on the Website under the Vendor Service Contract.
- “Vendor Fees” shall mean the fees payable by the Client to the Vendor under the Vendor Service Contract for delivering the Vendor Work Product.
- “Vendor Services” shall mean technology services listed and/or provided for sale by the Vendors on the Website which may include fixed price services; or custom projects, which can be fixed price, price per hour or price per item.
- “Services” shall mean to include, all of our proprietary products and services including but not limited to computer software, hardware, middleware, infrastructure, datacentres, applications, tools and programs that are accessible via our Website, both for Clients and for Vendors.
- “Vendor Service Contract” is given the meaning as set out in Section 3.4.
- “Vendor Work Product” shall mean any tangible or intangible advice, results, reports, documentation, work product, or deliverables as agreed to be provided as a part of the Vendor Services under the Vendor Service Contract.
1.2. Service(s): When You use any of the services provided by Us through the Website, including but not limited to searching for, buying and selling technology products and services, and/or creating new content such as recommendations and reviews (both written and video) etc. (hereinafter referred to as “Services”), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service(s), and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.
- You must be 18 (eighteen) years of age or older to register, use this Services in any manner. By registering, visiting the Website or accepting these Terms, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms.
- A condition of the User’s use of and access to the Website and to the Services is the User’s acceptance of these Terms. Any User that does not agree with any provisions of the same is required to leave the Website immediately and immediately discontinue use of all other Services.
- Website recommends that the User must read the Terms carefully. Use of Services by the User on the Website means You are consenting to these Terms.
- Website authorizes the User to view and access the content available on or from the Website only as per these Terms. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, " Website Content"), are the property of the Company and are protected under copyright, trademark and other laws. User shall not modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose or for personal gain. Multiple people are not permitted to share the same/single log-in.
2. Registered User Account
2.1 Company grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website solely for the purposes and Services provided on therein.
2.2 In order to gain full access and use of the Website, you must create a profile and register as a user ("Registered User Account"). Once you open such a profile, you shall be a Registered User of the Website.
2.3 A Registered User Account can be of two types: (a) Vendor Account, and (b) a Client Account. Client Accounts are created by Clients and can be removed at the Client’s convenience. Vendor Accounts include information about a Vendor (both basic and upgraded) collected and maintained as Company records for purposes of administration of the Services, content management and back office administration of our Website. Because we create Vendor Accounts for purposes of managing our online services, these Accounts are non-removable/non-cancellable.
2.4 Your profile as Registered User is also created to store record of your purchases and your Registered User Account information online, including name, past purchases, past service requests, delivery locations, goods and services tax and billing details.
2.5 You agree to provide accurate information to help us serve you best to Our knowledge, to periodically review such information and to update such information as and when necessary.
The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for Company’s record or for Services. Please make sure you provide a valid email-id and you update it as and when needed
2.6 You are only permitted to register one profile per person/company on the Website. The profile is personal and you must not transfer it to others.
2.7 In order to become a Registered User, you need a password. You choose your own password which must be used with your email address when logging onto the Website. Alternatively, we send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the Terms.
2.8 During the registration process, you must choose a username. The username will be shown on the Website whenever you write or comment on reviews or produce Submissions on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", ".dk", ".com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the Terms.
2.9 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these Terms or applicable law. When deleting your profile, you will no longer have access to Services on the Website which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the Submissions you have made on the Website.
2.10 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and Submissions. In this case, our disclaimer applies without limitations.
2.11 We may display information uploaded by you in a format consistent with the user experience of the Website without any modification or amendment of the information details.
2.12 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2.13 Advance Deposit: Before placing an order on the Website for any Vendor Services or Company Paid Services, the Client is required to deposit an amount of 500 (five hundred) Dollars in advance, in its Registered User Account (“Advance Deposit”).
- The Advance Deposit is a refundable deposit in the Registered User Account and shall be applied towards the payment of its first invoice against the purchase of the Vendor Services or the Company Paid Services. In case the amount applied by the Client in the first invoice is less than the Advance Deposit, the Client can either request for the refund of the balance amount of Advance Deposit or use the balance amount of Advance Deposit for subsequent purchases.
- In case the Client does not purchase any services on the Website, the Client can request for a refund of the entire Advance Deposit.
- The Advance Deposit is non-transferable.
- Client agrees and provides its consent towards the release of Advance Deposit against the payment of Vendor Fees or Company Paid Service Fees for the purchased Vendor Services or the Company Paid Services
2.14 For guidance on Vendor Accounts, please additionally refer our General Vendor Terms at https://varselor.com/vendorterms
3. Use of Website/Services
3.1. By accessing and using our Website, you acknowledge that you are responsible for your actions and for all User Data you post. You represent and warrant, to the best of your knowledge:
- That you have all necessary right, power and authority to enter into these Terms and to fulfil your contractual obligations hereunder;
- That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Website or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account.
- That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation reviews, trademarks, logos and screenshots, is accurate and free of third party encumbrances;
- That you will, when posting User Content on our Sites, adhere to our Community Guidelines and bear all liability related to your submission of such User Content through our Sites and/or Services;
- That you will not post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
- That you will not post or otherwise provide User Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
- That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.
- That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Sites;
- That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or Vendors without our express written consent;
- That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Website and Services;
- That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from our Site (except as expressly permitted by us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
- That you will not collect or "harvest" from our Sites the personal information ("Information") of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, "spamming" or for any other unlawful purpose;
- That you will not access our Website and Services by any means other than through interfaces expressly authorized by us and these Terms.
- That you will not attempt to circumvent the payments system or payment method or Vendor Fees in any way including, but not limited to, making or processing payments outside of the Website, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner.
- That you will not use the Website to solicit for any business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Website as set forth herein;
- That you will not use the Website in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
- That you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
- That you only use Website for communicating for requests, orders, information and updates on Vendor Services and/or Company Paid Services. Users who engage and communicate outside the Website will not be protected by our Terms. Website has third party integrated platforms for the purposes of communicating, engaging, meeting and engaging between the Vendors and Clients. You shall therefore be subject to the applicable policies of these platforms and We shall not be liable for the performance of services of these platforms and the information shared therein.
- That you will not share your User identities with any other User. Requesting or sharing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Website in order to circumvent or abuse the Website platform is not permitted.
- That you shall not submit proposals or solicit Users identified through the Website to contact, hire, manage, or pay outside the Website.
- That you shall not accept proposals or solicit Users identified through the Website to contact, hire, manage, or pay outside the Website.
- That you shall not cancel any Vendor Service Contract for the purpose of contracting outside the Website with a User who you may have contacted through the Website
- The Services includes a forum where Users may post and browse listings for technology products, solutions, and services (each a “Listing”). Such Listings are provided by Users, and not by us. WE DO NOT SELL, RENT OR OTHERWISE MAKE AVAILABLE ANY SUCH LISTINGS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS, THEIR ACCURACY OR COMPLETENESS, FOR ANY TRANSACTIONS LISTINGS (EXCEPT AS SET FORTH IN THESE TERMS) AND SUCH LISTINGS DO NOT CONSTITUTE AN OFFER FROM THE COMPANY. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING, LEASING, HIRING OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING, OR MAKING OR RECEIVING PAYMENT FOR ANY LISTING.
- The availability or promotion of a Listing through the website does not imply our endorsement of the Listing or the provider or the guarantee of the completeness or accuracy of any such listings. We make no representations whatsoever about any Listings, or any users. Information about and the availability of any Listing are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of the subject of any Listing. We reserve the right to remove any Listing for any reason.
- You may submit information that could be used to personally identify you through Listings, the creation of profile pages, submissions in forums, connection via a social network, message boards, chat, comments, or various other interactive channels of the Service (each, a “Submission”). You are responsible for any Submission you make. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of your Submissions.
- You retain ownership of your Submissions but for each Submission you make you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit each Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials)
- In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and made without restriction, and does not create any obligation whatsoever by us.
- You represent and warrant that you have all right and title necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
3.4. Vendor Services:
- For the purposes of Vendor Services, the Website is a marketplace which merely enables Client and Vendors to identify and transact with each other.
- Unless sought under the Company Paid Services, Company does not help the Clients find products or solutions. Clients at all times are responsible for evaluating and/or determining the suitability of any products or services on the Website. If Users decide to purchase Vendor Services on the Website from any Vendor, they shall be subject to contractual provisions of the separate agreement entered directly into between the Client and the Vendor through the Website only (“Vendor Service Contract”). Any Vendor Service Contract entered into between the Vendor and Client outside this Website shall be a violation of these Terms and may lead to termination of Services of the Website, or deletion or suspension of User Account. Company provides the Website to Users, including hosting and maintaining the Website, facilitating the formation of Vendor Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Vendor Service Contracts. When a User enters a Vendor Service Contract, the User uses the Website to invoice and pay any amounts owed under the Vendor Service Contract.
- With respect to any Vendor Service Contract, Clients and Vendors may enter into any written agreements that they deem appropriate through the Website only, provided that any such agreements do not conflict with, narrow, or expand or adversely affect in any manner the Company’s rights and obligations under these Terms.
- Clients and Vendors shall have complete discretion with regard to whether to enter into a Vendor Service Contract with each other and with regard to the terms of any Vendor Service Contract. Users acknowledge, agree, and understand that Company is not a party to any Vendor Service Contract, that the formation of a Vendor Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Company and any User or a partnership or joint venture between Company and any User.
- You acknowledge, agree, and understand that Company is not a party to the relationship or any dealings between Client and Vendor. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Vendor Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Vendor Service Contracts; (d) performing Vendor Services; or (e) paying for Vendor Services.
- You also acknowledge, agree, and understand that (a) Company will not have any liability or obligations, including under or related to Vendor Service Contracts and/or Vendor Services for any acts or omissions by you or other Users; (b) Company does not, in any way, supervise, direct, or control any Vendor or Vendor Services; does not impose quality standards or a deadline for completion of any Vendor Services; and does not dictate the performance, methods or process Vendor uses to perform services; (c) Vendor is free to determine when and if to perform Vendor Services, including the days worked and time periods of work, and Company does not set or have any control over Vendor’s pricing, work hours, work schedules, or work location, nor is Company involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Vendor for Vendor Services; (d) Vendor will be paid at such times and amounts as agreed with a Client in a given Vendor Service Contract, and Company does not, in any way, provide or guarantee Vendor a regular salary or any minimum, regular payment; (e) Company does not provide Vendors with training or any equipment, labor, tools, materials or infrastructure related to any Vendor Service Contract. Vendors are free to use subcontractors or employees to perform Vendor Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Vendor’s subcontractor(s) or employee(s); and (f) Company does not provide shipping services for any physical work product that may be a result of or related to Vendor Services.
- You acknowledge that the Vendors registered with Us are independent contractors and thereby the Company has an independent contractor relationship with such Vendors and therefore in no event the Company will be directly or vicariously liable for any Vendor Services or Vendor Work Product, or any loss arising therefrom that the Vendors may provide to you or you may avail as part of the Services.
- You acknowledge that the solutions displayed on the Website on search are not owned by Us and are only to facilitate the User to enter into a transaction of sale with the Vendor of the displayed Vendor Services. You further agree and acknowledge that We will only act as an aggregator and assume no responsibility and/ or liability in relation to the Vendor Services provided by Vendors, which shall at all times be at your sole risk and the sole responsibility of the Vendors.
- The Website is designed to support your search for the Vendor Services that you intend to purchase. We cannot make decisions for you. However, the Website can be used by the Clients to find and connect with Vendors for making the purchase of solutions or availing the Vendor Services.
- Unless sought under the Company Paid Services, We do not recommend or endorse any specific Vendor, product, solution, service, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at your own risk.
- You acknowledge that the inclusion / empanelment of Vendors or Vendor Services on the Website or in any directory on the Website does not imply recommendation or endorsement of such Vendors or Vendor Services nor is such information intended as a tool for verifying the quality, genuineness. Such information is provided on an "as-is" basis and the Company disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Website (including Information provided in direct response to your questions or postings), not create a buyer-seller relationship, Any Information and data available on the Website should be used for information purposes only. Further, the Information available on the Website may not be correct as such Information is updated / amended at regular intervals. We do not guarantee the accuracy or completeness of any content or Information provided on the Website. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, Vendors and third party service providers engaged by the Company, the content or information provided on the Website in relation to any User or services provided by such User.
3.5. Company Paid Services:
- We may offer certain paid services, including technology solutions and advisory services which may include fixed price services; or custom projects, which can be fixed price, price per hour or price per item, available only upon purchase by the Users as per the payment terms agreed for these services against a service order to the Company (“Company Paid Services”). Details of these services can be found at https://varselor.com/advisors
- Any services bought under the Company Paid Services shall be subject to additional service terms and conditions applicable to the Clients and Company (“Company Service Contract”). In case of any disputes or conflict between these Terms and the Company Service Contract, the terms of Company Service Contract shall prevail to the extent of such conflict only.
- You acknowledge and agree to cooperate reasonably at all times during Company’s performance of the Company Paid Services, and you warrant that you will provide timely responses, approvals, authorizations, access and applicable information, as necessary. You further acknowledge and agree that Company’s performance of the Company Paid Services is dependent on your timely and accurate fulfilment of the foregoing warranty obligations.
- You acknowledge and agree that Company owns all rights, including without limitation all associated intellectual property rights, in the Company Work Product. Nothing in these Terms and Conditions is intended to grant or transfer any ownership interest in the Company Work Product.
- You agree that, upon payment in full, you shall be entitled to a non-exclusive, non-transferable, perpetual, royalty-free, license to use the Company Work Product for your internal purposes only.
- We cannot confirm the Company Paid Service Fee until you order the Company Paid services. Despite our best efforts, our catalog or page of Company Paid Services may be mispriced. If the correct Company Paid Service Fee sold by the Us is higher than our stated price, we will, at our discretion, either contact you for instructions before we the initiation of Company Paid Services or cancel your order and notify you of such cancellation. Other Vendors may follow different policies in the event of a mispriced item.
4. Fees and Payments
4.1. Vendor Fees
- Client agrees to pay to the Vendor, the Vendor Fees, for the purchase of Vendor Work Product pursuant to the terms of the Vendor Service Contract, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the Vendor Fees becomes payable.
- You expressly understand, acknowledge and hereby authorize Company to collect Vendor Fees on behalf of the Vendor for the Vendor Services purchased by the Client under the Vendor Service Contract. The Company manages the payment service for the disbursement of Vendor Fees in accordance with the procedure set out in Section 4.5.
- Subject to this being varied as part of the Vendor Service Contract, ownership in and to the Vendor Work Product and any intellectual property rights therein, will be assigned to the Client upon successful payment to the Vendor. If the Client and Vendor wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Client and Vendor should negotiate and document these Terms in the Vendor Service Contract.
4.2. Company Paid Service Fees
- Client agrees to pay to the Company for Company Paid Service Fees, for the Company Paid Services the Client purchases on the Website, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the Company Paid Service Fees becomes payable.
- Subject to complete payment for Company Paid Service Fees by the Client to the Company pertaining to the Company Work Product, and subject to terms to the Company Service Contract, any or all ownership in and to the Company Work Product and any intellectual property rights therein, shall remain with and vest in the Company only.
4.3. Payment Method:
- In order to use certain Website Services, User must provide account information for at least one valid Payment Method.
- By providing Payment Method information through the Site and authorizing payments with the Payment Method, User represents, warrants, and covenants that: (a) User is legally authorized to provide such information; (b) User is legally authorized to make payments using the Payment Method(s). When User authorizes a payment using a Payment Method via the Website, User represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms or the other terms of service cannot be collected from User’s Payment Method(s), User is solely responsible for paying such amounts by other means.
- Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Company is not liable to any User (Client or Vendor) if Website does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method.
- Invoices for purchases made by Clients using the payment method will be issued in the name of the business defined by the Client and sent solely to the Client.
- Invoice payments can be made only through the Payment method provided on this Website
4.4. Transaction Fees & Taxes:
- Clients may be charged with transaction fees (applicable for use of Third Party Payment Service Providers) and indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Client before payment and would be in addition to the Vendor Fees and/or Company Paid Service Fee, as applicable.
- Users agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Website are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- It is your responsibility to ensure your compliance at all times with such Third Party Terms. If you do not agree with such Third Party Terms, you must immediately cease and forever desist from accessing the Website or using Our Services.
- It is your responsibility to provide accurate and complete information about you and your business, and you authorise Company to share it and transaction information related to your use of the Third Party Payment Service with the respective Third Party Payment Service Provider.
- Together with these Terms, such Third Party Terms will govern your use of Our Services or any other services made available by us to you.
- You agree to indemnify Us and our employees, directors, contractors, agents, and related parties (“ Those Indemnified”) and keep Those Indemnified from any direct, indirect or consequential loss, cost, expense, damage or liability arising as a result of, or as a natural consequence of, or in connection with or in relation to any act or omission, whether negligent or otherwise, which constitutes a breach of any Third Party Terms applicable to your use of our Services, and whether such loss, cost, expense, damage or liability is founded in contract, tort or any other legal theory, and whether such loss, cost, expense, damage or liability is actual or contingent, present or future, quantified or unquantified.
4.6. Payment Process:
5.1. Vendor Fees Refund Requests:
- You hereby authorise us on your behalf to assist in resolving refund pertaining to Vendor Services on a case-by-case basis as there are usually unique reasons why a refund request is made.
- Please note that we can only assist in refund requests for only the Vendor Fees (exclusive of paid transaction fees) that are made only during the Objection Period through our Client Care,
- We may require documented proof that the quality of the Vendor Services is low or incomplete. Should you feel it necessary to make a refund request, we will immediately send your Vendor Work Product to the concerned Vendor for refund confirmation.
- If the Vendor agrees for refund request, the Client has the option to:
- stop the transfer of Vendor Fees to the Vendor, and request the refund to the Advance Deposit for purchase of services from other vendors; or
- stop the transfer of Vendor Fees to the Vendor, and request the refund of Advance Deposit in Client’s provided bank account details
- If the Vendor refuses the refund request, the Client has the option to either:
- Invoke the Informal Dispute Resolution; or
- Raise the dispute with Vendor as per the terms of Service Contract
5.2. Company Paid Service Fees Refunds: Client can raise refund requests through our Client Care for charged Company Paid Service Fees on a case-by-case basis as there are usually unique reasons why a refund request is made.
- Please note that refund requests for Company Paid Service Fees (exclusive of paid transaction fees) can only be made during the Objection Period.
- We may require documented proof that the quality of the Company Paid Services is low or incorrect or incomplete. Should you feel it necessary to make a refund request, we will immediately send your Company Work Product to our Quality Assurance Department (QA) for verification. After comparing their findings with the reasons for dissatisfaction, the necessary corrective actions will be taken. Our QA Department, at its sole discretion, after evaluating the quality of the Company Paid Services, may initiate a refund of an amount comparable to the percentage of incorrect or incomplete or low quality services.
6. Informal Dispute Resolution:
6.1. We encourage our Vendors and Clients to try and amicably resolve any disagreements between themselves only through the communication channel on the Website. However, should that not be possible, our Client Care can provide an Informal Dispute Resolution.
6.2. You agree and acknowledge that the Company reserves a right to pause or delay any payments if a dispute arises, or when a dispute may potentially arise.
6.3. Informal Dispute Resolution is available only (i) if the Vendor refuses the refund request under Section 5.1; and/or (ii) if there is any dispute regarding User interactions and transactions after the expiry of the Objection Period, in accordance with, and under these Terms.
6.4. Disputes are reviewed and handled on a case-by-case and voluntary basis. If you have any dispute regarding the Vendor Services, you may report the same to our Client Care at firstname.lastname@example.org
6.5. Once the dispute is initiated, our Client Care team shall first contact both the parties with an incident ticket, and document the complaint and factual response from both the parties.
6.6. In case of responsive communications:
- Both Client and Vendor shall timely respond to communications made by our Client Care team within 7 business days from the date of first communication, along with the requested information and supporting documents.
- Our Client Care team shall review claims and supporting documents from both the sides and shall endeavour to provide a nonbinding resolution and shall notify both Vendor and Client of the same.
- The proposed resolution is non-binding. Client and Vendor are free to accept or reject the proposed resolution.
- Upon acceptance of both Client and Vendor, in writing to the proposed resolution, Company shall assist in transferring the disputed payments in accordance with the terms of agreed proposed resolution.
- Users agree and accept that any payments and/or other actions made by Company in accordance with the accepted proposed resolution decision are made in good faith and Users shall have no cause of action against the Company (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold Company liable for a Client or Vendor’s alleged actions or failures.
- In case, both Client and Vendor do not accept the proposed resolution, or the Company fails to reach at any resolution, Client and Vendor are free to approach dispute resolution as per the terms of Vendor Service Contract.
- Notwithstanding anything contained elsewhere in these Terms, you agree that the Company is irrevocably authorised and instructed to immediately transfer or release any disputed funds held by Company of the Disputed Vendor in the Platform Account in favour of the disputing Client.
6.7. In case of unresponsive communications:
- If the any of the disputing parties does not respond to our Client Care emails or communications within 7 business days from the date of first communication, the Company may resolve the dispute in favour of the responding party in the following manner:
- a. If the Vendor does not respond to the Client Care emails within 7 business days, the Vendor shall not receive the disputed Vendor Fees. If the Vendor has already received the disputed Vendor Fees for the concerned Vendor Work Product, the disputed amount will be deducted from the Vendor’s future payouts from same or other clients.
- b. If the Client does not respond to the Client Care emails within 7 business days, the Client authorises Company to charge the Client for the full disputed Vendor Fees of the Vendor Work Product, and the Vendor will receive the said amount.
7. Third-Party Website.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such website, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked websites on our Site does not imply approval or endorsement of the linked website by us. This Website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Website and access these third-party linked sites, you do so at your own risk.
8. Third-Party Products and Services.
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, solutions, freebie offerings or free trial services. You understand that we do not operate or control the products, solutions, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of information displayed, order processing, fulfilment, billing and Client service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
9.1. THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES PUBLISHED ON OR THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE TECHNOLOGY PRODUCTS AND RELATED SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, SCREENSHOTS, VIDEOS, LIST OF PRODUCT AND SERVICE FEATURES, VENDOR COMPANY INFORMATION, GENERAL PRODUCT DESCRIPTIONS, ETC.). COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY COMPANY. ALL SUCH INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY COMPANY. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS, OR ANY EMAIL SENT FROM COMPANY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
9.2. We make no representations or warranties with respect to any User Content published on the Website. Notwithstanding the foregoing, Company may at all times investigate and edit (including anonymizing) User Content, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the compliance with our Terms.
9.3. We disclaim all liability for the content of User Content. Our non-liability applies, without limitation, to any User Content, including User Content which has been edited by us. We are not liable for any links to third party websites in the User Content, including for the content of the page to which the User Content links.
9.4. Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
9.5. Company makes no representations that the Website is appropriate or available for use outside of the United States. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
10.1. The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
10.2. To the fullest extent permitted under applicable law, In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to,
10.2. To the fullest extent permitted under applicable law, In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “ Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to,
- the use of, or the inability to use, the Website or the content, Company Paid Services, Company Work Product, materials and functions related thereto,
- User’s provision of information via the Website,
- lost business or lost sales,
- any delay, non-payment, under payment and non-delivery of payment to your designated financial institution,
- any Force Majeure Event.
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website
10.3. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or a User’s use of the Website or Company Paid Services exceed Twenty-Five US Dollars ($25.00).
10.4. In no event shall the Protected Entities be liable for failure on the part of the Vendors to provide agreed products or services. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the Services.
10.5. The Website may be linked to the website of third parties, affiliates, business partner, business associate, business facilitator and the Protected Entity shall not be liable for any direct, and/ or indirect, , incidental, special, exemplary or consequential damage or harm and/or claims related to, in connection with or otherwise resulting from the Services rendered/ availed/ sought by/ from such third party, affiliates, business partner, business associate, business facilitator, etc., through the Website and such third party, affiliates, business partner, business associate, business facilitator shall fully, exclusively and solely be liable for that event.
10.6. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Vendors and the Users by providing a platform for them to sell and purchase the listed products/services. In no event shall the Protected Entities be held liable for any of the losses attributable to Vendor Services offered to the Users through the Website.
10.7. The listing of Vendors on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing of the Vendors on the Website.
11.1. User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of these Terms, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. Term, Termination and Disputes
12.1. These Terms will remain in full force and effect while the User is a user of the Website in any form or capacity.
12.2. The User can terminate his/her/its account with the Website at any time by providing 30 (thirty) days’ prior written notice to email@example.com. We need this period to inactivate User’s account, only after verifying if there are any ongoing or pending Services or payments. The Company may want the User to continue until the completion of an on-going Service should the situation warrant.
The User shall be obligated to pay the Company for any services which the User has procured.
12.3. Company reserves the right to terminate any account in cases:
- The Company is unable to verify or authenticate any information provide to the Company by a User; or
- The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for the Company or are contrary to the interests of the Website.
12.4. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of the Services the User has rendered in order to comply with his/her/its record keeping process and practices.
12.5. Even after your right to use the Website is suspended, terminated or limited, these Terms will remain enforceable against you. Company reserves the right to take appropriate legal action pursuant to these Terms.
12.6. Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Services subscription, the Company will make available to the User for download a copy of such User’s data in comma separated value (.csv) format. After such 30 (thirty) days period, The Company shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. Provided, that the Company will not own any responsibility in case the data is lost due to any inadvertent technical failure.
12.7. Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Website and immediate termination of the User’s account with or without ability to access the Website and the other Services, upon any breach by the User of these Terms or if the Company is unable to verify or authenticate any information the User submits to the Company, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Services to the User.
12.8. Except for any mandatory application of local law, any action related to these Terms shall be governed by the law of the State of Delaware, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction.
12.9. Any dispute that arises from or under these Terms or the applicable transaction document/contract or that relates directly or indirectly to our relationship with the User and that cannot be resolved amicably within thirty (30) days shall be resolved by binding arbitration before a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. Judgment on any award arising from such arbitration may be entered in any court of competent jurisdiction. Discovery may be performed according to the Federal Rules of Civil Procedure. The fees and expenses of the arbitration shall be borne equally by the Parties but may be awarded, together with reasonable attorneys’ fees and expenses, to the prevailing Party (if any) in the informed discretion of the arbitrator. Notwithstanding anything to the contrary set forth herein, either Party may seek injunctive or other equitable relief at any time in federal or state court. The forum for any such arbitration and for any such court shall be located in State of Delaware. Client agrees that it shall not join or lead any class of claimants pursuing any claim related to the subject matter of these Terms and/or your use of the Site.
12.10. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
13. Severability & Waiver Contact Information
9.1 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14. Contact Information
If any User has any question, issue, complaint regarding any of our Services, please contact our Client service at Support@varselor.com
10.2 If a User has any questions concerning Company, the Website, these Terms, or anything related to any of the foregoing, Company can be reached at the following email address Support@varselor.com
15. Change to Terms
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service Users.