If You do not agree with any part of these Terms kindly refrain from using our services available via the Platform.
1 Definitions and Interpretation
1.1 An "Account Holder" is an individual who has opened an account on the Platform.
1.2 A "Card" refers to all types of cards with a function of "payment", "charge", "debit", "credit", "virtual" and/or similar.
1.3 "Client Application" shall mean the application opened by the Account Holder in order to use the Services.
1.4 "Content" shall mean all information, data, images, photographs, videos, text and other content displayed on the Platform and/or the Services (including within limitation the Third Party Content):
1.5 The "Agreement" is the contractual relationship between Viaan and an Account Holder formed when an Account Holder opens an Account via the Platform which shall be governed by the Terms.
1.6 A "Financial Institution" is a bank and/or other institution regulated by an applicable domestic financial services Act or similar.
1.7 "Force Majeure" refers to any occurrence or condition beyond Viaan’s reasonable control which leads to a delay or default in the performance of the affected party's contractual obligation and shall, for the purposes of the Terms, include Acts of God, government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, power outages, internet outages and/or any other cause beyond the reasonable control of the party whose performance is affected.
1.8 The "Governing Authorities" are the authorities of Mumbai, Maharashtra, India.
1.9 The "Governing Law" is the law of Mumbai, Maharashtra, India.
1.10 A "Payment Solution Provider" is an intermediary acting as a payment agent for various different payment methods.
1.11 The "Place of the Agreement" is Mumbai, Maharashtra, India.
1.12 The "Services" are the interactive experiences provided by Viaan to the Account Holder through the Platform.
1.13 "Third Party Content" means any content available on the Platform belonging to a third party including without limitation the names and images of any athletes, sports teams, event organizers, or players displayed on the Platform.
1.14 "Viaan" is Viaan Industries Ltd., a company duly registered under the laws of India, with Company Registration No.-----, and having its registered office and business address at 702, 7th Floor, Shalimar Morya Park, Off Link Road, Andheri West, Mumbai 400 053. Email - email@example.com; website www.verefiedcarbonzero.com.
1.16 An "Account" is an account held by an Account Holder.
1.17 A "User" is a visitor of the Platform or Account Holder as applicable.
1.18 The "Platform" is the website www.verefiedcarbonzero.com and all variants thereof, including our mobile apps where all current and relevant information regarding Viaan's operations is published, and through which the Services are provided to the Account Holders.
1.19 "Balance" is the number of trees currently supported by the account holder from the Viaan Tree inventory to offset their carbon footprint. This value is represented in the My Forest section of the Account.
1.20 "Sponsor" shall mean the individuals, organisations, or any other such entities who may or may not be Indian resident/entity, who agrees to pay the Sponsorship or Subscription Fees or make the donations for the purposes of maintaining tree within the Territory. Such sponsors shall not be the owners of the trees sponsored by them.
1.21 All references to "the" shall include "a/an" and vice versa.
1.22 The Terms as published in English. Translations into other languages are made as a service and in good faith. In the event of discrepancy between the English version and a translation, the English version shall prevail.
2.1 By opening or logging into an Account, or otherwise using the Services, each User confirms that:
- he/she has read, understood and agrees to be bound by the Terms;
- is aged 18 years or over;
- he/she has opened only one account. If Viaan has reason to believe that a User has more than one Account, Viaan may treat such accounts as one single joint account.
- he/she will not open more than one account for any reasons including the benefit of any offer or promotion more than once.
2.2 Viaan may update, amend, edit and supplement the Terms at any time. Any amendment to the Terms shall be notified to Users via a communication on the Website or by email using the contact details provided by the User. If following notification of any amendment to the Terms, a User continues to use the Services, such continued use shall be taken as his/her acceptance to the amendment.
2.3 If a User does not wish to accept or cannot comply with the amended Terms, he/she must stop using the Services with immediate effect.
2.4 If a User considers the type of products and/or services made available through the Service and/or Platform to be offensive, objectionable or indecent, he/she must stop using the Services with immediate effect.
3 Use of The Services
3.1 A User must not use the Platform, or any content provided thereof:
- to interfere with, or disrupt, the Services or any servers or networks connected to the Services, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. A User may not inject content or code or otherwise alter or interfere with the way any page of the Services is rendered or displayed in a user's browser or device;
- to access the Services via a means not authorized in writing in advance by Viaan, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
- to attempt to restrict another user of the Services from using or enjoying the Services and Users must not encourage or facilitate the breach of these Terms by others;
- to use the Services for any illegal or unauthorized purpose; or
- to change, modify, adapt or alter the Services or change, modify or alter another website so as to inaccurately imply an association with the Services or with Viaan.
- To Use the Platform, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or under Applicable Law.
- To Use the Platform, or any content provided thereof:
- to host, display, upload, modify, publish, transmit, update or share any information that belongs to another Person and to which the User does not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
- that is relating to or encourages money laundering, or is otherwise unlawful in any manner whatsoever;
- that harms minors in any way;
- that infringes any patent, trademark, copyright or other proprietary rights; violates any Applicable Law for the time being in force;
- that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- which impersonates another Person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any other computer resource;
- that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; threatens critical information infrastructure.
3.2 A User will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Platform or any component or content thereof, available to third parties without the permission of Viaan.
3.3 A User will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use the Platform in a manner that threatens the integrity, performance, or availability of the Platform.
3.4 A User will not attempt to or engage in any activity that may:
3.4.1 reverse engineer, decompile or otherwise extract the source code related to the Platform or any part thereof, unless it is expressly permitted by Viaan to You in writing or is required by the Applicable Law;
3.4.2 use any robot, spider, retrieval application, or other device to retrieve or index any portion of the Platform or content thereof;
3.4.3 collect information about Users for any illegal or unlawful purpose;
3.4.4 create any Account by automated means or under false or fraudulent pretenses for using the Platform;
3.4.5 transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform;
3.4.6 use the Platform in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Platform, or interfere with any other Users’ use and enjoyment of the Platform;
3.4.7 carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Platform or any part of the Platform or any User of the Platform;
3.4.8 forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform; and/or
3.4.9 obtain any materials or information through any means not intentionally made available, in the opinion of Viaan, through the Platform.
3.5 A User will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent their affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
3.6 If We detect any activity from a User Account that is fraudulent, suspected to be defrauding the Platform, or if Users are found colluding or participating in any kind of fraudulent activity on the Platform in any manner, then such Users shall be barred from participating in any Contest available on the Platform.
3.7 Viaan reserves the right to deactivate or delete an Account and all related information on it and forfeit related Balances and/or take any other appropriate action, at our sole and absolute discretion, in the event of any fraudulent, illegal or suspicious activities from said Account on the Platform.
3.8 Any deductions or forfeiture of Balances made from Your Account shall be made at Our sole and absolute discretion and shall not result in any liability on Viaan whatsoever. We may choose to provide a right of appeal to the User after deleting, closing or forfeiting the Balances in his/her Account. However, such right shall be provided at the sole and absolute discretion of Viaan and the User shall not claim such right or any other recourse from Viaan.
3.9 Indemnification: Users shall defend, indemnify and hold Viaan, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from (a) Your use of the Platform or any content thereof; or (b) Your breach of any rules, regulations and/or orders under any applicable law.
4 Account Rules
4.1 Creation of an Account
4.1.1 To access and use the Platform a User much register their details and become a valid account holder. To be registered as an Account Holder an individual must complete the registration process by approving and agreeing to this Agreement and providing their valid email address on the Platform. The individuals’ email address will be verified by Viaan using a one-time password ("OTP") system. Upon successfully verifying the OTP, an account will be created for said individual (“Account”). In addition, an individual must provide at least the following information for Account Creation:
- their first and last name;
- their state of residence; and
- a phone number and a password
4.1.2 An individual applying to become an Account Holder must not be under the age of 18 years. Viaan reserves the right to request proof of age and perform checks in order to verify the information provided. An Account may be suspended until satisfactory proof of age is provided. Viaan will in any event cancel any account where an Account Holder is under 18.
4.1.3 Viaan may, acting in its sole discretion, decline to open an Account without any explanation whatsoever.
4.1.4 Each individual who submits an application to become an Account Holder confirms and agrees that he/she:
- (i) is a physical person (a legal entity will not be accepted as an Account Holder);
- (ii) is not restricted by limited legal capacity;
- (iii) is not acting on behalf of another party;
- (iv) is not and/or included (whether voluntarily or involuntarily) on any register or database of excluded persons;
- (v) is not depositing monies originating from criminal and/or other unauthorized activities;
- (vi) is not depositing monies through a Card and/or bank account which the Account Holder is not authorized to use;
- (vii) is not conducting criminal activities whereby an Account is directly or indirectly involved;
- (viii) will not use the Services if such use is illegal in his/her country of residence or location or he/she is otherwise restricted from using the Services; and
- (ix) will maintain his/her Account details up-to-date in terms of the following: first and last name, address, valid email address and phone number.
- (x) Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of Viaan.
- (xi) The Users also accepts to receive news, updates, offers/campaign related SMS, to the mobile phone number provided by the User, except when prohibited under Applicable Laws.
4.1.5 Each individual who submits an application to become an Account Holder confirms and agrees that any information provided in their application form is true, complete and correct.
4.1.6 If Viaan discovers that the individual is in breach of any of the Terms, Viaan will not register the individual as an Account Holder, or where that individual has already been registered, Viaan may with immediate effect suspend and/or close the Account. Where Viaan closes an Account, the provisions of paragraph 4.3 shall apply.
4.1.7 To the extent an individual whose previous Account was closed as a result of the individual being in breach of the Terms ("Blacklisted Individual") wishes to reapply for a new Account, it may only do so with the prior written consent of Viaan. To the extent that Viaan discovers that the Blacklisted Individual has opened an Account without its prior written consent, Viaan may suspend and/or close the Account with immediate effect.
4.1.8 Each individual applying to be an Account Holder confirms that he/she understands and agrees that:
- (i) there is no requirement on the individual to use the Services, and such participation, if elected by the individual, is at the individual’s sole choice, discretion and risk
4.2 Management of the Account
4.2.1 Viaan reserves the right at its own discretion, and at all times, to:
- decline to accept purchases without any explanation whatsoever;
- require any information/ documentation reasonably required: (i) to verify the identity of the Account Holder, (ii) to confirm the Account Holder’s authority to use a specific Card, (iii) to confirm other facts and information provided by the Account Holder, (iv) in order to meet our legal and regulatory requirements or comply with our internal fraud prevention procedures. Such requirement may be made at any given moment and Viaan reserves the right to suspend an account pending satisfaction of any such requirement;
- forfeit and/or confiscate Balances in an Account if: (i) the Terms have been violated; and/or (ii) other unauthorized activities have occurred in connection with the operation of an Account (such as, but not limited to, breach of the law or other regulations, breach of a party’s rights, fraud, and cheating);
4.2.3 An Account is non-transferable. It is prohibited for Sponsors to sell, transfer or acquire accounts from or to other Sponsors.
4.2.4 An Account Holder shall not allow any other individual, including any minor, to use or reuse its Account, access and/or use any material or information from the Platform , or access the Services.
4.3 Suspension/Closure of an Account
4.3.1 An Account Holder may close their Account via the Platform or by contacting Customer Service using the contact details provided in the “Contact Us” section on the Platform, either by phone, email or live chat.
4.3.2 In certain circumstances Viaan may ask the Account Holder to provide further information to Viaan directly in order to complete the Checks. For this purpose, Viaan will be entitled, at its sole discretion, to require that you provide Viaan with documentation concerning ID, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction Viaan may prevent any activity to be undertaken by the Account Holder in relation to the Account.
4.3.3 Viaan, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
4.3.4 Viaan may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
- reject, move, or remove any material that may be submitted by the User;
- move or remove any content that is available on the Platform;
- deactivate or delete an Account and all related information and files on their Account;
- establish general practices and limits concerning use of the Platform and the services; and
- assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
5 Payment Rules
5.1 Payments from an Account shall at all times be made through a Financial Institution or a Payment Solution Provider. Procedures, terms and conditions, availability, and duration for Payments may vary depending on time as well as the Financial Institution in question.
5.2 Returns, Refund and Cancellation
5.2.1 You acknowledge the fact that services provided by Viaan are irreversible i.e. trees once planted can’t be uprooted and this action would be against our work ethic. Therefore, once the order is placed we do not entertain any refund or cancellations.
5.2.2 In the event, that there is an error in the Services provided by us, we may refund the Purchase, provided the reasons are genuine and proved after investigation by Viaan.
5.2.3 We do not cancel purchases once completed, however, in case of exceptional circumstances wherein the fault may lie with the payment gateway or from Our side, We will cancel your purchase on request and refund the amount to You within a reasonable amount of time.
6 Intellectual Property
6.1 The design of the Platform and the Services, all software contained within the Platform and Services, and Content are protected by copyright, trade marks, patents and other intellectual property rights and laws belonging to Viaan and/or its licensors.
6.2 A User may only view, download and store on any compatible device, print out, use, quote from and cite the Content for its own use and on the condition that it give appropriate acknowledgment to Viaan where appropriate.
6.3 Viaan expressly reserves all intellectual property rights in and to Services and Content and a User may not use the Services or any Content for any purpose other than those set out above.
6.4 In particular, a User may not under any circumstances:
- remove the copyright or trade mark notice or other proprietary notice contained in the Content and/or from any copies of Content made under these Terms;
- use any Content in any manner that may infringe any of Viaan’s rights or the rights of a third party;
- use the Content in any way that might be illegal or breach the Terms;
- use, reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Services and/or the Content in any way for your commercial gain. 'Commercial gain' may include any activity attracting any advertising revenue or subscription payments on distribution of or access to Viaan’s content, or by reducing the need for any third party to subscribe to
- copy, publish, republish or redistribute, communicate or disseminate to third parties Content or any information obtained or derived therefrom in any way; or archive or store any Content for access by anyone other than a User.
7 Change to Services
The User understands that Viaan reserves the right to change or remove any of its Services at any time without liability to the Account Holder. Any amendment to the Services shall be notified to User via a communication on the Platform or by email using the contact details provided by the User.
Viaan shall provide the Services with reasonable skill and care in accordance with the Terms. However, Viaan cannot guarantee that the Services will:
- be compatible with all or any hardware or software which a User may use;
- be available all the time or at any specific time;
- be entirely error-free or free of viruses, electronic bugs, Trojan horses or other harmful components.
- meet the User’s requirements.
8.2 User responsibility for compliance with law
The User must comply with applicable laws in the jurisdiction in which they are domiciled, resident and/or located. Viaan is not responsible for providing advice to Users regarding tax and/or other legal matters. Should a User wish to obtain advice regarding tax and legal matters, they are advised to contact appropriate advisers and/or authorities in the jurisdiction in which they are domiciled and/or resident or located.
8.3 No liability for inaccuracies
The User acknowledges and agrees that despite Viaan’s best efforts, Viaan cannot guarantee that the Services and Website always be accurate and/or up-to date. Should the User detect or become aware of such an error or incompleteness, they shall:
- refrain from taking any advantage whatsoever thereof;
- keep strictly confidential such error or incompleteness;
- upon detection or becoming aware of such error or incompleteness, notify it to Viaan by sending an email to firstname.lastname@example.org.
8.4 No liability for behavior of users
The User specifically acknowledges and agrees that Viaan is not liable to the fullest extent permitted by law for any defamatory, offensive or illegal conduct or behavior of any other account holder or user of the Services or Platform.
8.5 No liability for computer system and Internet failures
- Viaan does not accept any liability whatsoever for delays, losses or damage suffered or incurred by an Account Holder and/or a third party caused directly and/or indirectly due to: any failure of the User’s device and/or computer system (including without limitation the Client Application);
- any failure arising in the Service which arises from incompatibility of the User’s device and/or computer system;
- any failure of any third party telecommunications or any other data transmission system;
- any failure of the Internet; and/or
- any third party virus attack or hacks or other malicious acts that can be traced to the Platform
8.6 No liability for third party websites and/or Third Party Content
8.6.1 The Services may include Third Party Content and/or links to third party websites that are controlled and maintained by others.
8.6.2 To the fullest extent permitted by law, Viaan gives no warranties or representations in respect of, and accepts no responsibility for, any Third Party Content.
8.6.3 Any link to other websites is not an endorsement of such websites. The User acknowledges and agrees that Viaan is not responsible for the content or availability of any such websites. Viaan recommends Users review those website's terms and conditions and privacy policies to ensure Users are happy to use them.
8.7 Notification Service disclaimer
The notification service is purely for the benefit of the Account Holder. Viaan does not acknowledge or accept any liability should there be a mistake in the content of the notifications or should the Account Holder fail to receive the notification(s).
9 General exclusion of liability
9.1 Viaan does not acknowledge or accept any liability for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to any:
mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical failure, technical hazard, registration error, manifest error, cancellation of a game for any reason;
violation of the Terms by the Account Holder or third party;
collusion and/or criminal actions by the Account Holder or third party;
advice or recommendations provided by Viaan or third party via the Services or Platform;
Viaan shall under no circumstances whatever be liable to the Account Holder, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss or damage arising under or in connection with an Account Holder’s use of the Services or Viaan’s failure to comply with the Terms that is not reasonably foreseeable to both Viaan and the Account Holder at the time of entering the Contract.
10 Limitation of liability
Limitation of liability: A Users use of the Platform, or any content available thereof is entirely at their own option and risk and Viaan shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to their use of the Platform or any content thereof. To the maximum extent permitted by Applicable Law, Viaan’s total liability to a User for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the Balance in the Users Account.
Your opening of an account and completion of purchases constitutes permission for us to use Your name, likeness, voice and comments for advertising and promotional purposes in any media worldwide, without any further permissions or consents and/or additional compensation whatsoever.
12 Governing Law and Dispute Resolution
These Terms are governed by and interpreted in accordance with the laws of India. The courts at Mumbai shall have exclusive jurisdiction over all disputes arising under or in connection with these Terms. The arbitration proceedings shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996. Each disputing party shall appoint its own arbitrator who shall thereafter jointly appoint a third arbitrator. The language of the arbitration shall be English and the venue will be Mumbai, India.