VSIF Partners and Users T&C
Term & Condition
Scope and Definitions
Terms and Condition is made by Vitsan India (as defined hereinafter) and shall apply to your visit and your use of Services (as defined hereinafter) provided through our Site/ or Application (as defined hereinafter)
Members are hereby allowed to use the Services, subject to acceptance in full, of the Conditions mentioned herein below and any other conditions as specified by Vitsan India from time to time on the Application/ and or the Site.
Defined Terms “Application” shall mean such mobile applications which are owned, maintained and operated by Vitsan India and all screenshots, pages appearing, appended, available along with such mobile applications. “Conditions” mean these Terms & Conditions and Privacy Policy of Vitsan India as notified on the Site and / or the Application. Vitsan India shall mean the offspring company under Vitsan India Pvt. Ltd., a company incorporated under the Companies Act 1956 with Corporate Identity Number ___________ and having it’s registered office at Plot Number 182 Vitsan Phase-1 Beed, Pincode: 431126, India who owns, operates and maintains the Site and Application. “Privacy Policy” shall mean such privacy policies published on the Site and /or the Application along with these Terms and Conditions.
Variation of the Conditions, Site, Application and Service
Vitsan India reserves the right to change, modify or amend any or all of the Conditions at any time without any prior notice. In addition, Vitsan India may vary or amend the Services provided through the Site/ and or Application, functionality of the site and / or Application and/ or the “look and feel” of the Site and / or the Application at any time without notice and without any liability towards the registered Members on the Application. Any modification to the Site, Application, Services or Conditions shall come into effect as soon as such changes are published on the Site and / or the Application. Members shall be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site or the Application following publication of the varied Conditions. However, changes will not apply to any bookings which have been made prior to publication of the varied Conditions
Use of Service
User Account
In order to use the Service, each Member must create a User Account and shall agree to provide any information requested by Vitsan India
Disclaimer of Liability
All appointments are subject to availability of operators and service slots. In case of any issue, every attempt will be made to inform the Customer and our liability will be limited to rescheduling the appointment to the next convenient available time slot. By choosing to do a service at our listing partner, you understand and agree that while our aim is to deliver a great service experience every time, in the rare event to the contrary, our liability will be limited to the value equivalent to the cost of the service.
User Provided Information
When you register with us and use the Application, you generally provide your;
a)name, email, and other social media login information ;
b) information you provide us when you contact us for help,
c) transaction-related information, such as when you make appointments , respond to make any offers, or download or use application from us ;
d)credit card information for purchase and use of the Application ;
e)information you enter into our system when using the Application, such as contact information and project management information. The more information you provide, the better benefits you may derive from the services provided through this Application as it helps in defining your professional identity. It enables us to serve you relevant content, our suggested/ recommended services or offers as we deem fit. We may also use the information you provided us to contact you from time to time and to provide you with important information, required notices and marketing promotions or offers. We may also use your information to understand trends and statistics, conduct research surveys and analyses to evaluate the services or products you use or purchase through us; make any improvisations; develop new features and tools, for correcting technical glitches, or for audit purposes. When you provide us with your location information, we may use it to help you find a nearest our service provider around the area you have selected or are present.
Membership Card Policy
Amount received against any service will not be refunded and cannot be redeemed against any other service. Deals once sold cannot be exchanged or returned. Vitsan India is not liable for any loss or damage of any personal belonging and reaction to skin or hair. Offers/ Packages need to be redeemed within stipulated duration of time or they hold expire by default. You will receive transaction related and promotional SMS’es. To unsubscribe or to file a complaint, please email us at info@vitsanindia.com. Rights of admission reserved. All disputes are subject to Mumbai Jurisdiction.
Refund, return and cancellation policy
In the event that you need to reschedule or cancel your business partner listing we ask for a 24 hour notice. In case of cancellations, there will be no refund, but the business partner can be rescheduled to any of your outlets subject to location.
Bill Policy
Amount received against any service will not be refunded and cannot be redeemed against any other service. Deals once sold cannot be exchanged or returned. Vitsan India is not liable for any loss or damage of any personal belonging and reaction to skin or hair. Offers/ Packages need to be redeemed within stipulated duration of time or they hold expire by default. You will receive transaction related and promotional SMS’es. To unsubscribe or to file a complaint, please email us at info@vitsanindia.com. Rights of admission reserved. All disputes are subject to Mumbai Jurisdiction.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, your location and information about the way you use the Application.
Disclosure by Third Parties
From time to time, we may make certain third party offers available through our Application. If you choose to accept such an offer, we will disclose your contact and billing information to the third party who made the offer available to you.
We may also disclose your personal data:- as requested by law, such as to comply with any legal, judicial, regulatory process; – when we believe in good faith that disclosure is necessary to protect our rights, protect your safety, or the safety of others, investigate fraud, or respond to a government. -if (Co Name) is involved in a merger, acquisition or sale of all or a portion of its assets, be notified via email and/ or a prominent notice on our Website and Application of any change in ownership or uses of this information, as well as any choices you may have regarding this information. Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service.
Opt Out Rights
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall process as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email by writing to us at info@vitsanindia.com.
Data Retention Policy, Managing Your Information
We will retain your personal information for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 36 months and thereafter may store it in aggregate. Please note that some or all of the personal information may be required in order for the Application to function properly.
Security
We are concerned about safeguarding confidentiality of certain personal information of yours, such as your payment instrument and bank details. We provide physical, electronic and procedural safeguards to protect information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breached.
Amendments
This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
Your Consent
By using this Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/hand held device or using touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.
SMS
Vitsan India reserves the right to send customers transactional and promotional SMS.
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Vitsan India and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability, with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Please note that the images used are for representation purpose only. Any reliance you place on such information is therefore strictly at your own risk. In no event we will be liable for any loss or damage, including without limitation, indirect or consequential, or any damage whatsoever arising from or in connection with the use of this website. Through this website you may be able to link to other websites which are not under the control of Vitsan India. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Vitsan India takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Documentation for Become a VSP Partner
Agreement
This E-commerce Business Proposal Agreement (“Agreement”) is made and entered into on ____/____/2019 between _____________________________________________a Makeup Academy having office at______________________________________ through Mr or M/s ________ ______________ __ ___ ___ ___ ___________its
Authorized Representative (hereinafter referred to as Business Partner ”), of the First Part; AND
_ __ _ ___ ___ _ __ _ ___ ___a company having its registered office at _______________________ ______________________ (hereinafter referred to as “Company”), represented by Mr. _______ ____ ___ ____ _____ ___ Employee Id________________ of the Second Part.
The Company shall offer to the VSIF Authorized Business Proposal its services for facilitating online & offline business promotion and also other services provided in paid amount as shown in VSP sheet.1
For this arrangement, the VSIF Authorized Business Proposal shall pay service charges as specified under these presents VSP sheet.1
Based on mutual discussions, it is agreed by and between the parties hereto that the VSIF Authorized Business Proposal shall put up for paid services, subject to the terms and conditions hereinafter contained.
Consideration and Payment Terms:
VSIF Authorized Business Proposal shall make the payment for paid services fees as specified in VSP Sheet.1 at the time of execution of this Agreement. Payment for paid services fees shall be made 100% in advance unless specified. The service tax if any shall be charged by the Company, at the applicable rates.
The said sign-up fee is a non- refundable fee for the creation of paid services.
VSIF Authorized Business Partner agrees to bear all the applicable taxes duties, or other similar payments (including GST) arising out of the sales transaction of the product through the Training Academy or Approved Centre and www.vitsanindia.com shall not be responsible to collect, report, or remit any taxes arising from any transaction.
Obligations of the Business Partner:
The Business Partner shall:
Through the interface provided by the Company on the creation on Application or offline, shall upload the Course/Service/Services description, duration, disclaimer, syllabus, fees and such other details for the Course/Service/Products/Services to be displayed and offered for admission or service booking or product selling through the said online.
Business Partner shall ensure not to upload or show any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Business Partner shall ensure to upload or show the Course/Service/Products /Services description and image only for the Course/Service/Products/Services which is offered for admission or service booking or product selling through the said online.
Business Partner shall provide full, correct, accurate and true description of the Course/Service/Products/Services so as to enable the students/clients to make an informed decision.
Business Partner shall be solely responsible for the quality, quantity, merchantability, guarantee, surety, fees, in respect of the Course/Service/Products/Services offered for student through online or offline.
Warranties, Representations and Undertakings of the Business Partner:
They have the right and full authority to enter into this Agreement with the Company.
There are no proceedings pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement;
That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct their business and to enter into an arrangement with the Company. They shall at all times ensure compliance with all the requirements applicable to their business and for the purposes of this arrangement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. They confirm that they have paid and shall continue to discharge all their obligations towards statutory authorities.
Company reserves the right:
Business Partner agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to cancel agreement/remove/block/delete any text, graphic, image(s) uploaded on the online or offline by the Business Partner without any prior intimation to Business Partner in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions. In such an event, the Company reserve the right to forthwith remove/close the agreement of the Business Proposal without any prior intimation or liability to the Business Partner. Company reserves the right to provide and display appropriate disclaimers and terms of use
At any time if the Company believes that the services are being utilized by the Business Partner or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of Vitsan India, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, without liability to refund the amount to the Business Partner to forthwith remove/block/close the agreement of the Business Partner and furnish such details about the Business Partner and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
Company not Liable
The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Business Partner , or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the service being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations.
Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Business Proposal or any of its representatives.
Term and Termination
Term:
The Term of this Agreement shall commence on the date of execution of the contract and shall continue for a period of ______________to______________ unless terminated earlier. The Agreement may be extended for such further period as may be mutually agreed by and between the parties hereto in writing to this effect.
This Agreement may be terminated by the Company in the event:
Ø Business Partner fails to make payment of the agreed amount, by giving 48 hours written notice,
Ø Business Partner commits a service breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not rectified within 30 days after written notice given by the Company.
Ø If the Business Partner is in infringement of the third party rights including intellectual property rights.
Notices
All notices and other communication under this Agreement shall be in writing and in English and either delivered by hand or sent by telex or telephonic, fax or courier in each case to the addresses set out at the beginning of this Agreement.
Entire Agreement
This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
Relationship of Parties
Nothing in this Agreement will be construed as creating a relationship of Partner, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Business Partner, and Business Partner shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.
Signature form
Date, / /2020
Business Proposal
Business Name ________________________________
Business Partner Name_________________________
Business Address______________________________
City ___________ State_____________ Pin_________
Contact number__________________
Email_________________________________________
Website______________________________________
Signature___________________
Company representative
Representative Name ________________________________
Employee ID________________________________________
Company Business Name______________________________
Company Branch Address______________________________
City ___________ State_____________ Pin________________
Contact number______________________________________
Email_______________________________________________
Website_____________________________________________
Signature___________________