This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from VDrink (hereinafter referred to as the “App”). The App is created and owned by VDrink Labs Private Limited, a company incorporated in India (hereinafter referred to as “We” or “Our” or “Us” or “Company”).
By accessing the App from any computer, computer device, mobile, smartphone or any electronic device, you (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”).
1. Acceptance of Terms, etc.
1.2. You consent to have these Terms and all notices provided to You in electronic form.
2.1. The minimum age to use the App is 18 (eighteen) years. By using the App, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access the App.
2.2. Using the App may be prohibited or restricted in certain jurisdictions. If You use the App from such prohibited/restricted jurisdiction, You are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof.
2.3. By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
2.4. By using the App, You represent and warrant that You have never been convicted under the law of any country, including India, concerning any matter concerning or relating to any sexual offence, pornography, obscenity, defamation and the like. We expressly reserve the right to conduct a background check, criminal or otherwise, at any time and by utilizing available public records, to confirm possibility of any misrepresentation by You of this Clause 2.4. By agreeing to these Terms, You hereby consent to and authorize such verification.
2.6. Unless otherwise specified, the App is offered in India only[LM2] . We make no representation that the App will be offered to be appropriate or available for use in other jurisdictions. Those who choose to access the App from outside India can do so on their own account and We shall not be responsible for any circumstances thereof.
2.7. The period to avail the feature/product/service made available through the App shall end at the time as indicated before availing such feature/product/service.
3. App Account.
3.2. Your membership and account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the App that takes place under Your account.
3.3. We provide You with a technology platform to deal with third parties and hence We have no contractual liability of any sort to You in respect of any of your dealing or association with such third party through the App.
3.4. By agreeing to these Terms, You grant Us the permission to send electronic communications to You as part of Our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to us at [•].
3.5. Any account You open with Us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.
4. Term and Termination.
4.1. These Terms will remain in full force and effect while You use the App or any part thereof.
4.2. You may terminate or disable Your App account at any time and for any reason by following the instructions in “Settings” section in the App.
4.3. We may terminate or suspend, whether temporarily or permanently, Your App account at any time without notice and for any reason. Further, at Our sole discretion, We may terminate or suspend, whether temporarily or permanently, Your App account at any time without notice if We reasonably believe that You have breached these Terms, or for any other reason, with or without cause. After Your App account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4.4. You acknowledge that We reserve the right to terminate or delete Your account in case it remains 'inactive' for a duration as determined by Us in Our sole discretion. If We terminate or suspend Your account because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees paid by You for availing any in-app purchases/ subscriptions.
4.5. Following termination of these Terms, We will only retain and use Your content in accordance with these Terms. However, pursuant to termination or suspension of Your App account for any reason whatsoever, We do not guarantee that We will return any of Your content back to You. Further, We may permanently delete Your content without notice to You at any time after termination/suspension.
5. App Usage.
5.1. The App is strictly available for Your personal and non-commercial use only.
5.2. You are hereby strictly prohibited from and against:
(i) undertaking any marketing, promotion, advertising or soliciting any other App user to buy or sell any products or services whether through the App or not;
(ii) transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other App users or posting the same on the App or anywhere else; and
(iii) contacting any App user or using the details of any App user for any purpose not expressly permitted under these Terms.
5.3. It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
5.4. You agree to take all necessary precautions in all interactions with other App users when You communicate with them whether through the App or off the App or meet in person, or if You decide to send any money.
6. Account Security.
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your App log-in (username and password) details as well as for any and all activities that occur under Your log-in. You agree to immediately notify Us of any disclosure or unauthorized use of Your log-in or any other breach of security at [•] and ensure that You log-out from Your account at the end of each session.
7. Proprietary Rights.
7.1. You confirm and agree that We are the owner of the App and of all proprietary information made available to You through the App and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information. Except as expressly set out in these Terms, nothing in these Terms confers upon You any right in respect of any intellectual property owned by Us or Our licensors and You acknowledge that You do not acquire any ownership rights by downloading the App or on any content from the App.
7.2. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App without first obtaining Our prior written consent.
7.3. Other App users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
7.4. By posting information or content to any profile pages or public area of the App, or making it accessible to Us by linking Your account to any social network accounts (e.g. via Facebook, Twitter, Instagram etc.), You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the App or create, add, test or implement new features or programs on the App in which You may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
8. User Information.
8.2. You agree that You will not post any of Your personal contact information such as e-mail address/es, personal website address, phone/cell numbers, fax numbers, instant messaging contact details or any other contact information identifiable to You on a third party website, or other contact information in the App or in any other communications You may have with other App users. [LM6] It is hereby expressly agreed and understood by You that for exchanging any such contact information of Yours with any other App user, You shall be solely responsible and liable for any and all risks and consequences thereof and You hereby agree to indemnify Us for the same.
8.3. Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending Ours, any App member’s or any third party's rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks; or (v) as the information involves a party who may be a victim of any abuse in any form. You acknowledge and understand the provisions of this Clause 8.3 and grant Us an unconditional, perpetual right and permission to make such disclosure.
8.4. By using the App, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the App and its functionality as well as for promotional purposes, including the permission to publish Your profile in any of Our partner websites.
9. Prohibited Activities.
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us if You undertake any of the following acts:
b. abuse, impersonate or defame Us or any App user or any other person, entity or any religious community;
c. use the App for any commercial use or activity not expressly permitted hereunder;
d. “stalk” or otherwise harass any App user or any other person;
e. make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by Us without Our specific prior written consent;
f. use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by Us;
g. access the App from a jurisdiction in which it is illegal or unauthorized or barred;
h. use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the App;
i. collect any personal information, including contact details, of any App users by electronic or any other means and for any purpose, not expressly permitted hereunder;
j. send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these Terms;
k. undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without Our prior written authorization;
l. interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;
m. email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;
n. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);
o. use meta tags, code, programs or other devices, tools or technology containing any reference to Us or the App (or any trademark, trade name, service mark, logo or slogan of Ours) to direct any person to any other website or application for any purpose;
p. directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or
q. post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the App other than solely in connection with Your use of the App in accordance with these Terms.
10. Content Posted by You.
10.1. You are solely responsible for any and all content or information that You post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as “post”) on the App or transmit to other App users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly posted or privately transmitted (hereinafter collectively referred to as “Content”).
10.2. We do not verify or validate the completeness, accuracy or truth of any Content You post on or through the App. We are not the publisher of the Content and only provide You with a technology platform to facilitate You to post such Content. Further, We are merely acting as an “intermediary” as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder and as may be amended from time to time. We assume no responsibility or liability of any sort whatsoever for providing a technology platform to Our App members to facilitate them to post their Content. To protect the integrity of the App, We reserve the right to exercise editorial control over Your Content, including the right to block any member from accessing the App, whether temporarily or permanently.
10.3. You shall not post to Us or to any other App user (either on or off the App), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates Ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
10.4. You represent and warrant that (i) all information and Content that You submit upon creation of Your App account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) You have the right to post the Content on the App and grant the licenses as agreed in these Terms.
10.5. You understand and agree that We may monitor or review any Content You post on the App. We may delete any Content, in whole or in part, that in Our sole judgment violates these Terms or may harm the reputation of the App or Ours.
10.6. By posting Content on the App, You automatically grant Us and to Our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of Your Content by Us will not infringe or violate the rights of any third party.
10.7. You shall not post, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:
(i) promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;
(ii) advocates harassment or intimidation of another person;
(iii) relates to or promotes or encourages money laundering, sex trafficking or gambling;
(iv) requests money from, or is intended to otherwise defraud, other users of the App;
(v) involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;
(vi) is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
(vii) belongs to another person and to which You are already aware that the same does not belong to You or that You do not have any right to the same;
(viii) directly or indirectly deals with child pornography;
(ix) is an illegal or unauthorized copy of another person’s copyrighted work;
(x) contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(xi) contains unauthorised, restricted or password only access pages or hidden pages or images;
(xii) provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder;
(xiii) provides information about illegal activities prohibited by applicable laws;
(xiv) contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;
(xv) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xvi) provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(xvii) disrupts the normal flow of communication between App users or otherwise negatively affects a users’ ability to engage in real time communication through the App;
(xviii) solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
(xix) contains any advertising or commercial messages not expressly permitted under these Terms;
(xx) infringes upon or violates any third party's right to privacy, including any intellectual property rights;
(xxi) hinders the App functionality in any way or interferes or affects other App users’ use and enjoyment of the App; or
(xxii) violates any applicable law for the time being in force.
We reserve the right, in Our sole discretion, to investigate and take any legal action against anyone who violates this Clause 10.7, including deleting or removing the offending Content from the App and/or terminating or suspending the App account of such violating members. Whilst We reserve Our right to delete or remove such Content, We do not guarantee that such offensive Content will be removed or deleted. Failure by Us to remove or delete such Content does not waive Our right to remove or delete the same in subsequent or similar cases.
10.9. We assume no responsibility or liability for any deletion of or failure to store any of Your Content.
11. Membership, Subscriptions, Renewals and Cancellations.
11.1. You may register Your profile for free on the App and have access to most of the App. Subscription fees may be levied to gain full access to the App. Such paid subscription is entirely voluntary and You may use the App as a free member.[LM7]
11.2. If You avail App’s paid subscription that We offer for a fee, You authorize Us and Our designated payment processors, gateways and service providers to store Your payment related details and other related information. You also agree to pay the applicable fees for availing such paid subscription as and when they become due plus all applicable taxes. You further acknowledge that the amount of the subscription fee may change if the applicable tax rates change. All fees hereunder are subject to change without notice.
11.3. Unless expressly stated in these Terms, all fees are non-refundable and non-transferable and there shall not be any refunds or credits for any partially used subscription periods.
11.4. You agree to provide current, accurate and complete billing information and agree to promptly update all such information. You shall promptly notify Us if Your payment is cancelled or if You become aware of a potential breach of security related to Your payment. If You fail to provide any of the foregoing information, You acknowledge that Your current payment may continue to be charged and You shall remain responsible for all such charges.
11.5. If You avail a paid subscription for using any of the App features by credit or debit card (or other payment method with an automatic renewal subscription option) and You do not cancel Your subscription prior to the end of the term, Your subscription will be automatically extended at the end of each term for successive renewal periods of the same duration as the subscription term originally selected by You. If You fail to cancel such subscription before the expiry of the term, You acknowledge that Your current payment will continue to be charged and You shall remain responsible for all such charges.
11.6. We shall not be responsible for not providing You with any prior notification about the renewal of your subscription or lapse of your subscription term.
11.7. To change or cancel Your subscription of the App, please go to the "Settings" page of Your App account, click on "Update your Membership" or "Cancel your Membership" and follow the instructions. If You cancel Your membership subscription or Your App account, Your subscription benefits will continue until the end of Your then current subscription term, but Your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
11.8. We reserve Our right to amend the subscription pricing, options, renewal terms or App at any time.
12. Modifications to the App.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App. Any access or usage by You of the App shall imply that You have accepted any new or modified Terms. [LM8] Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
13.1. To the maximum extent permitted by applicable law, We have provided the App on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the App will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the App will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the App at all times and the results of the use of the App.
13.2. Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us.
13.3. You hereby acknowledge and agree that You are of legal drinking age in Your state in India to use the App and avail its features. We are not manufacturers, wholesalers, retailers, sellers or traders of any product or service featured on the App that promotes consumption of beer, alcohol, tobacco or any banned substances.
13.4. From time to time, We may offer new features or tools which Our App users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer section shall apply with full force to such features and tools.
13.5. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the App.
14. Limitation of Liability.
14.1. To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the App, result of using the App including, without limitation, damages for recommendation of the App, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.
14.2. To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation or use of the App, the conduct of any App user or anyone else in connection with the use of the App, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications or meetings with other users of the App or as a result of using the App.
You agree to indemnify, defend and hold Us harmless, as well as Our affiliates, subsidiaries and parent/holding companies, and each of their respective officers, directors, employees, agents, consultants, partner websites and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the App, including but not limited to (i) any violation by You of these Terms, or (ii) any action arising from the Content that You post on the App or using the App that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defences in such case.
16.1. We may check new member profiles strictly for verifying any unsuitable, objectionable or inappropriate content. However, We may not be able to verify the identity of any member or the accuracy of their content, nor can We guarantee that We will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any member content as fully accurate and/or complete. We will not be liable or responsible for any false and misleading content and information given by any member. If You have any concerns over any member content, please write to us on [•] with the details thereof.
16.2. You hereby acknowledge and agree that You shall ensure that at all times Your interaction with other members of the App will always be lawful and appropriate and that You alone shall be responsible for all consequences thereof.
16.3. We caution You that there may be risks of dealing with any member acting under a false pretense or with a criminal intent. We have no control as to what happens between members inter se once they decide to meet in person. Should You encounter any such meeting whereby the behaviour of the other member may be deemed inappropriate or harmful in any way to other members of the App, You are requested to contact Us with full details of such offending member and We may, if deemed appropriate and at Our sole discretion, suspend or delete the offending member's profile.[LM9]
17.1. Entire Agreement: These Terms constitutes the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
17.2. Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the App once the revisions have been posted onto the same. You should therefore check the App from time to time to review the current Terms as applicable to You.
17.3. Survival: Termination or suspension of Your App Account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
17.4. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at New Delhi[LM10] and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
17.5. No Assignment: These Terms are personal to You. You cannot assign Your rights or obligations, whether partly or fully, to anyone.
17.6. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
17.7. Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
18. Grievance Officer.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
19. Contact Us.