This Application is operated and service are provided by VMate Team (“Us” or “Our” or “We”).
These Terms of Service (“Terms”) govern your access to and use of Our services, directly or indirectly, whether through a computer or a mobile phone or tablet or any other device, including Our websites, mobile / computer applications, APIs, SMS / email notifications, links, ads, commerce services, as well as to all information, recommendations and / or services provided to you on or through the Application (“Service”). The said Service may be provided by Us or through Our subsidiaries, affiliates or third-party service providers. VMate Team has no control whatsoever over such third party generated Contents and is merely an intermediary (as defined in the applicable laws, including but not limited to the Information Technology Act (2000) of India).
The Terms is a legal contract between you and Us. This document is an electronic record in terms of Applicable Law, (including but not limited to the Information Technology Act (2000) of India and rules thereunder), as applicable, and the provisions pertaining to electronic records in various statutes and laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I Accept” button, or by installing the Application on your device, or by accessing the website http://www.VMate.in or Service, you consent to be bound by these Terms. Please ensure that you read and understand all these Terms before you use the Application or avail any of our Service. If you do not accept any of the Terms, then please do not use the Application or avail any of the Service being provided therein. Your agreement to these Terms shall operate as a binding agreement between you and VMate Team in respect of the use of the Application.
All of the defined and capitalized terms in these Terms will have the meaning assigned to them here below:
(a) “Account” shall mean the account created by the User on the Application for availing the Service provided by VMate Team.
(b) “Applicable Law” means any applicable statute, law, enactment, regulation, ordinance, policy, treaty, rule, judgment, notification, directive, guideline, order, decree, bye-law, permit, license, approval, consent, authorization, determination, interpretation or pronouncement having the force of law of, any government authority or statutory authority or court or tribunal or any other person having jurisdiction over the matter in question.
(c) “Application” shall mean the applications (including but not limited to “VMate”) updated by VMate Team from time to time and the websites, (including but not limited to http://www.vmate.com) operated by VMate Team or any other software or such other URL or software that may be specifically provided by VMate Team, as the case may be.
(d) “Contents” refers to any and all types of contents, including but not limited to any information, text, links, graphics, photos, audios, videos, or other materials or arrangements of materials uploaded to, downloaded from or appearing on the Service.
(e) “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of VMate Team.
(f) “Registration Data” shall mean and may include the present, true and accurate name, email ID, phone number and such other information as may be required by VMate Team from the User for registration on the Application initially and from time to time.
(g) “User/ you” means a person who uses the Application / Service.
2.1 You will be eligible to use the Service only when you fulfil all of the following conditions:
(a) You have attained at least 18 (eighteen) years of age; and
(b) You are competent to enter into a contract under the Applicable Laws.
2.2 If you reside in a jurisdiction that restricts the use of the Service because of age or any other reason whatsoever or restricts the ability to enter into contracts such as these Terms, you must abide by such limitations.
3. Registration and Account
3.1 In order to access certain password-restricted areas of the Application and to use certain Service offered through the Application, you are required to register with Us.
3.2 You understand and acknowledge that you can register on the Application only after complying with the requirements of this Clause 3 and by entering your Registration Data.
3.3 You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you and shall be entitled to terminate the Service if we determine that such Registration Data is inaccurate.
3.4 You shall not permit any other person to use your account. You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
3.5 We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.6 Except for the Registration Data or any other data that is sought specifically by Us (“Confidential Information”), VMate Team does not want you to, and you should not, send any confidential, personal, sensitive or proprietary information to VMate Team or upload or post the same on the Application. By accepting these Terms you agree that any information or materials that you provide or are provided through usage of your Account to VMate Team other than the Confidential Information will not be considered confidential, personal, sensitive or proprietary and VMate Team shall have no obligation in relation to such information or materials. For the avoidance of doubt, Confidential Information does not include alias, nick name, screen name or user name, and the profile photo used by you, or any other Contents that you may reasonably understand that it will not be treated confidential when you send it to us.
3.7 You are allowed to open only one Account in association with the Registration Data provided by you.
3.8 You will not use an Account owned by another person.
3.9 You may also be able to register to use the Service by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Google，WhatsApp etc.). You confirm that you are the owner of any such account and that you are entitled to disclose your account login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
3.10 For enhancing your experience of using VMate App, we would like to synchronize your WhatsApp status within your account in VMate after your approval. The synchronized status could only be viewed and read by you, and cannot be examined by any other users of Mate.
4. Application And Service
4.1 Subject to your compliance with these Terms, VMate Team grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single device that you own or control, to use such Application and to run such copy of the Application solely for your own personal use and to use the Application.
4.2 VMate Team provides you the option to read, search, navigate and explore Contents accessible through the Application, but does not warrant the correctness, authenticity or validity of the Contents.
4.3 The Application may be accessed free of charge, or in any other manner determined by VMate Team from time to time. Provided however that for accessing the latest Contents updates you are required to have access to an uninterrupted internet connection.
4.4 You hereby agree and acknowledge that nothing contained in these Terms constitutes an obligation on the part of VMate Team to offer or provide Contents as mentioned herein. VMate Team may at its sole discretion disable access to the Contents without any notice.
4.5 By using the Application or the Service, you further agree that:
(a) you will only use the Service or download the Application for your sole personal use and will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
(b) you will not modify or make derivative works based upon the Service or Application;
(c) you will not carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Application or Service;
(d) you will not disrupt or place unreasonable burdens or excessive loads on the Application or Service, or interfere with or attempt to make, or attempt any unauthorized access to the Application or Service, or any part of the Application or Service, or any user of the Application or Service;
(e) you will not try to harm the Service, Application or our network in any way whatsoever;
(f) you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Application or Service;
(g) you will not use the Service or Application for unlawful purposes;
(h) you will provide VMate Team with such information and documents which VMate Team may reasonably request;
(i) you will only use an authorized network to avail the Service;
(j) you are aware that when requesting Service, standard data charges of your phone network service providers or other data service providers will apply;
(k) you will comply with all Applicable Laws from your country, state and/or city of domicile and residence and the country, state and/or city in which you are present while using the Application or Service;
(l) you are aware of and shall comply with the Information Technology Act (2000) of India, Digital Millennium Copyright Act (1998) of the United States, and the rules, regulations and guidelines notified thereunder;
(m) you shall not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees;
(n) you will not reverse engineer for any reasons or purposes;
(o) you will not access the Application or Service in order to:
(i)design or build a competitive product or service;
(ii)design or build a product using similar ideas, features, functions or graphics of the Service or Application;
(iii)copy any ideas, features, functions or graphics of the Service or Application, or
(iv)launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
VMate Team will have the right to investigate and prosecute violation of any of the above to the fullest extent of the law. VMate Team may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
4.6 It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device.
4.7 VMate Team or an authorised representative of VMate Team, shall have the right to provide information regarding services, promotions or advertisements provided by VMate Team or any third party to you by way of an SMS or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time.
4.8 VMate Team shall have the right to store the information provided by you to VMate Team in relation to its Service.
4.9 VMate Team will be entitled to store and process your information including Confidential Information on its servers and transfer such information including Confidential Information to a server outside the country where you are located in order to perform its Service. You understand and agree that you shall NOT provide any Personal Data, including Sensitive Personal Data, (as defined under applicable law) to VMate Team, unless it is expressively agreed by VMate Team in written.
4.10 You agree to grant VMate Team, and its users, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise (including but not limited by reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public) the copyright, publicity, database rights or any other rights you have in information posted by you other than Registration Data, in any media now known or not currently known, with respect to your information. You agree and permit VMate Team to share your information , with third parties.
4.11 VMate Team will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those contained herein. In such case, depending upon the modality and the mechanism as may be devised, Service may be provided to you by VMate Team jointly and/or severally with the party/ies in joint venture. You hereby give your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4.12 VMate Team has no obligation to monitor your access to or use of the Application or Service, but has the right to do so for the purpose of operating the Application and Service, to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body.
4.13 We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device or in the event VMate Team considers your use of the Application or Service to be in violation of these Terms or otherwise harmful to the Service or Application.
5. Liability And Disclaimers
5.1 You agree and acknowledge that the Application does not report and/or broadcast any Contents (including Contents) generated by VMate Team and VMate Team is not responsible or liable for the accuracy, reliability, correctness, authenticity or validity of the Contents or its summary that may be accessed by you through the Application.
5.2 The information, recommendations and/or Service provided to you on or through the Application are for general information purposes only and do not constitute advice.
5.3 VMate Team will reasonably keep the Application and its Contents up to date but does not guarantee that the Application is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
5.4 VMate Team shall not be liable for any damages resulting from the use of or inability to use the Application, including damages caused by wrong usage of the Application, network issues, malware, viruses or any incorrectness or incompleteness of any information or Application.
5.5 VMate Team does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application or any hyperlinked services or featured in any banner or other advertising, and VMate Team will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution while undertaking any transaction pursuant to any advertisements displayed on the Application and you agree that any damage including personal injury or property damage, of any nature whatsoever shall not be to the account of VMate Team and VMate Team disclaims any liability relating thereto.
5.6 VMate Team does not assure complete sustainability / non-interruption of the Service and shall not be held responsible or liable for the same, in any manner.
5.7 In no event shall VMate Team be liable for any damages whatsoever whether direct, indirect, punitive, incidental, special or consequential damages and whether based on contract, tort, negligence, strict liability or otherwise, even if VMate Team has been advised of the possibility thereof.
5.8 VMate Team and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Service or the Application, or your reliance upon the Service or the information contained upon the Application (whether arising from VMate Team or any other person's negligence or otherwise).
5.9 VMate Team shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.
5.10 In addition, and without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will VMate Team be responsible for the liability arising out of or in connection with these Terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise.
5.11 If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of VMate Team shall be the minimum permitted under Applicable Law.
5.12 VMate Team does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Application.
5.13 We do not authorize anyone to make a warranty on Our behalf and you shall not rely on any statement of warranty as a warranty by Us.
5.14 This Application and all Contents herein are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Application, that your access of the Application and availing of Service is at your sole risk, that you assume full responsibility for your access and use of the Application, and that VMate Team shall not be liable for any damages of any kind related to your access and use of this Application.
5.15 All images, audio, video and text in the Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Service in any manner.
5.16 VMate Team has no control over the third party generated Contents and is merely an intermediary (as defined in the Information Technology Act, 2000) for the purposes of these Terms.
6. Contents Posted by Users
6.1 VMate Team may permit posting of any Contents on the Application by you (“Posted Contents”). You represent that you have obtained all permissions and consents required to post the Posted Contents and such Posted Contents complies with all requirements of Applicable Laws. You confirm that you shall solely be responsible for all Posted Contents and VMate Team shall not in any manner be responsible for nor shall it be deemed to have endorsed the Posted Contents.
6.2 You agree that you will not post, upload, modify, publish, or share any Posted Contents that:
(a) belongs to another person and to which you do not have any right;
(b) is grossly harmful, violence, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, abuse of narcotics, psychotropic substances, and other addictive substances, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) give rise inter-ethnic, inter-religious, inter-racial and inter-group conflicts or enmity;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights or intellectual rights of any person;
(f) violates any Applicable Law for the time being in force;
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) mpersonates another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(k) advertise or offers to sell or buy any goods or services for any business purpose;
(l) conducts or forward surveys, contests, pyramid schemes or chain letters;
(m) downloads any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
(n) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or
(o) harvests or otherwise collects information about others, including name, e-mail addresses, telephone numbers etc.
6.3 VMate Team has no obligation to monitor your access to or use of the Posted Contents, but has the right to ensure your compliance with these Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body.
6.4 VMate Team reserves the right, at our sole discretion, to remove alleged infringing / illegal / improper Contents without prior notice and without liability to you.
6.5 VMate Team reserves the right, at any time and without prior notice, to remove or disable access to any Contents that VMate Team, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Service or Application.
7. Intellectual Property Ownership
7.1 Except for Contents licensed to VMate Team by third party owners of such property, VMate Team alone (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to:
(a) the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
(b) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained in the Application; and
(c) other information owned or generated by VMate Team.
7.2 Third party trademarks/Contents appearing on the Application and all rights therein are reserved to the respective owners of those trademarks/Contents. For use of any third party's intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
7.3 These Terms do not constitute a sale or license and do not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by VMate Team or any third party. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Service or the Application.
7.4 Subject to Clause 10 below, you agree that the Contents or any information provided in the Application shall be for your personal consumption/use only and you shall not copy, save, download or in any manner retain such Contents or information.
If permitted by VMate Team, you may establish a hypertext link to the Application or any Contents for the purposes of sharing it with any person, provided that the link does not state or imply any sponsorship or endorsement of your site by Us. You must not use on your site or in any other manner any VMate Team trademarks or service marks or any Contents belonging to VMate Team and appearing on the Application, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the Contents or other materials on the Application without our prior written consent.
By accepting these Terms and using the Service, you agree that you shall defend, indemnify and hold VMate Team, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; or (c) your use or misuse of the Application or Service.
10. Term and Termination
10.1 Unless terminated in accordance with this Clause 12, this agreement between VMate Team and you is perpetual in nature.
10.2 You are entitled to terminate this agreement at all times by ceasing your access to the Application / Service. For technical reasons, it may be impossible for us to determine whether you have stopped using the Application / Service.
10.3 VMate Team is entitled to terminate the agreement at all times and with immediate effect (by disabling your use of the Application and the Service) for any reason whatsoever, including:
(a) technical / maintenance reasons;
(b) upgrade of Application and cease Service on previous versions of Applications;
(c) violation or breach of any term of these Terms;
(d) occurrence of misuse the Application or the Service, in the opinion of VMate Team,;
(e) if required to do so by Applicable Laws (for example, where the access to and/or provision of the Application to you becomes, unlawful); or
(f) the third party, if any, with whom we offered the Application to you has terminated its relationship with Us or ceased to offer the related services to Us or to you.
10.4 VMate Team is not obliged to give notice of the termination of the agreement in advance. After termination VMate Team will give notice thereof in accordance with these Terms.
10.5 Termination of this agreement will not prejudice accrued rights of VMate Team.
10.6 Clause 5 (Liability and Disclaimers), 6 (Contents Posted by Users), 7 (Intellectual Property Ownership), 9 (Indemnification), 10 (Term and Termination), 15 (Notices) and 17 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these Terms in accordance with their terms.
The invalidity of any term of these Terms shall not affect the validity of the other provisions of these Terms. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that subject to Applicable Law, most closely accomplishes the intent of the invalid term and the other provisions of the Terms will remain in full force and effect.
You are an independent contractor and you have been engaged solely on a principal to principal basis. Neither of you nor VMate Team is the legal representative or agent of the other, or has the power to obligate (or has the right to direct or supervise the daily affairs of) the other for any purpose. You expressly acknowledge that you and VMate Team have a business relationship based entirely on, and defined by, the express provisions of this Agreement and that no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by reason of this agreement.
13. No Waiver
No failure or delay on the part of either Party to this Agreement to exercise any right hereunder will operate as a waiver of that right. No waiver by either Party of any breach by the other Party of any provision of this Agreement shall operate as a waiver of any preceding or subsequent breach of any provision of this Agreement.
In the event of any contradiction or inconsistency between these Terms and any other agreement executed between you and VMate Team, the terms of the Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant clause sought to be modified under these Terms.
15. Modification of the Service and Terms
15.1 VMate Team reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
15.2 VMate Team shall not be required to notify you of any changes made to these Terms. The revised Terms shall be made available on the Application. You are requested to regularly visit the Application to view the most current Terms. You can determine when VMate Team last modified the Terms by referring to the “Last Updated” legend above. It shall be your responsibility to check these Terms periodically for changes. VMate Team may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Application and the Service. If no such separate consent is sought, your continued use of the Application, following the changes to the Terms, will constitute your acceptance of those changes. Your use of the Application and the Service is subject to the most current version of the Terms made available on the Application at the time of such use.
VMate Team may give notice by means of a general notice on the Application, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address on record with VMate Team.
You shall not assign your rights under these Terms without prior written approval of VMate Team. VMate Team can assign its rights under the Terms to any affiliate or third party.
18. Applicable Law and Dispute Resolution
18.1 These Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of VMate Team as VMate Team may designate.
18.2 In the event the Dispute is not resolved internally after at least 30 (thirty) days of negotiation in good faith, the same shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
19. Customer Relationship Management and Grievance Redressal
19.1 All complaints relating to our Service or Contents, including any unauthorized use of your Account or inability to access your Account, shall be communicated to the Grievance Officer, whose details are provided in this Clause.
19.2 You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Service.
19.3 Reporting of any issue needs to be within 30 days of the happening of the issue, failing which, such issues may be entertained only at Our sole discretion.
19.4 Any issue reported on channels other than the above may be addressed by VMate Team only on a best-effort basis. VMate Team takes no liability for inability to get back on other channels.
19.5 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Attention: Grievance Officer
Time: Monday - Friday (09:30 AM to 18:00 PM)