TERMS OF USE
These Terms of Use (“Terms”) are applicable for the use and access of the website, www.vari.co.in (the “Website”) and mobile application, “VARI” (the “App”) (collectively as “Vari”), both owned and operated by PADMAVTI AND VARI AGRO SERVICES PRIVATE LIMITED (“Company”). Vari provides virtual stores for plurality of merchants, sellers and vendors (“Sellers”) and facilitates direct communication and interaction between buyers (“Buyers”) and Sellers including farmers, agriculturalists, individuals, retailers, wholesalers, distributors, cooperatives, and companies, for sale and purchase of products from agricultural and allied sectors including but not limited to crops, vegetables, medicinal plants, flowers seeds and other planting materials, manure, livestock and livestock products, equipments, tools, apparatus and machinery used for agriculture and other related services, as approved by the Company (“Products”), by interested buyers (“Buyers”) from the Sellers (“Services”). Wherever the context so requires, the terms “you”, “your”, and “User” mean any person who visits the Website and/or any Buyer or Seller who has registered himself/itself with the Website and/ or App for use of the Services.
Access and use of Vari is subject to the following Terms that you have read, understood, and agreed to be bound. Any other services offered by the Company or other features, content, or applications offered from time to time through Vari are governed by the following Terms.
Eligibility
You are eligible to use the Services , if and only, you comply with the following conditions:
You have completed the legal age of 18 years. However, if the law requires that you can be younger than the above prescribed limit in order for Vari to lawfully provide the services to you, then the legal age is such younger age;
You are competent to enter in to a legally binding contract; and
You are not barred from entering into a contract by any applicable law for the time being in force.
In case you are not an individual but wish to use the Services as a legal entity, then you should comply with the following conditions:
You are fully authorized to represent your legal entity to receive the Services;
The legal entity you are representing is a duly organized and validly existing under the applicable laws; and
The legal entity has obtained all such licenses and permissions which are in full force and effect.
You further represent and warrant that:
You have the right, authority, and capacity to enter into these Terms of Use.
You agree that in order to use and have access to certain Services available on Vari, you will have to register with Vari;
You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
You are entitled to submit the information to Vari and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
Your use of the Services does not violate any applicable law; and
You own or have the necessary licenses, rights, consents, and permissions to use and authorize Vari to use all the proprietary rights in and to any and all of the User Content (hereinafter defined) and intellectual property pertaining to such User Content to enable their inclusion and use in the course of Services being provided by Vari.
Registration
You agree that, in order to access and use certain Services of Vari including but not limited to the provision of virtual store, you will provide certain personally identifiable information of yours, including name, age/ date of birth, gender, address, mobile phone number, email address, alternate email address, details of the legal entity that you represent in case you are not an individual, or any other detail, as required by Vari at the time of registration.
The Company acknowledges that it employs industry standard security protocol to ensure that the information which Users store in, transmit or transfer through Vari is protected and Vari is hosted on a secure server.
You shall be solely responsible for maintaining the confidentiality of the username and password provided to you at the time of registration and for all activities that occur under your username. You agree to: (a) notify the Company immediately of any unauthorized use of account or any other breach of security; and (b) ensure that you log off from your account at the end of each session, if you are accessing the Website through a shared device or computer. The Company shall not be liable for any loss or damage arising from your failure to comply with this clause.
As a condition to register with Vari to use certain Services, the You agree that:
This Agreement is binding and enforceable against you;
You will not use or register with Vari if you are not eligible in accordance with Section 1.1or Section1.2of these Terms or do not have the requisite mental and legal capacity to enter into these Terms as per the laws of the jurisdiction where you are situated;
To the extent that the you are an individual accepting these Terms on behalf of an entity, you have the right and authority to agree to all of the terms set forth herein on behalf of such entity;
You will keep your contact information accurate and up-to-date;
You will not provide any false personal information to the Company, or create an account for anyone other than yourself without permission;
You will not create multiple accounts in the same name or under different fictitious names;
If the Company disables your account, you will not create another one without its permission;
You will not share your permanent and temporary log-in credentials or do anything else that might jeopardize the security of your account or any other User’s account;
You are the sole and legal owner of the Products advertised by you on Vari for sale and you have the unconditional rights to sell such Products to others without any third party’s consent;
You will not indulge in any fraudulent activity or make any misrepresentation or mislead any other User or deal in any illegal, counterfeit, adulterated or stolen Products;
License
The Company grants you a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on your personal device as made available through Vari. The Company may, from time to time, update or modify the features of Vari, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to Vari through the respective login credentials authenticated for you. Unless agreed otherwise in writing with the Company, nothing in the Terms gives you or any third party a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
User Content
Vari allows you to upload/submit your personal information including but not limited to your name, address, mobile phone number, email address, location coordinates, price and description of the Products, photo of the Products, reviews, clarifications, comments, views, queries, endorsements, statuses and other information (“User Content”) which may be hosted, shared or published as part of the Services, and may be visible to other registered Users of the Company. You own all of the User Content, network data and other information that you may upload on or share through the Company. However, you agree to grant a non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, moderate, modify, distribute, publish and process the User Content, without any further consent. Further, the Company is not obligated to publish any information or User Content on Vari and can remove it at its sole discretion, with or without notice.
You represent that you shall not have any objection to such User Content and also agree not to hold the Company solely responsible for the User Content made and for the consequences of uploading them. The Company is only acting as a repository of data, User Content and those submissions made by you and do not represent the views/ clarifications of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any User Content.
You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all User Content and intellectual property of them to enable inclusion and use of such User Content in the course of Services being provided on Vari.
You further agree that you will not: (a) submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from your rightful owner to share the material and to grant Company all of the license rights granted therein; (b) publish falsehoods or misrepresentation that could damage the Company or any third party, including, without limitation, loss of reputation, credibility, revenue; and (c) post any User Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party.
Apart from the information or listing being uploaded by the User on Vari which are publicly accessible by any other User, other personal and sensitive information are required to be provided by the User on Vari for using certain Services, the collection, storage, usage and security shall be governed by the Company’s policy as given in www.vari.co.in/privacypolicy.
The Products being listed by the Seller for sale or purchase should be strictly confined and related only to the agricultural and allied sectors. Vari does not facilitate the virtual sale of any other products except as listed on it. You will not list or post or provide information or content that are considered illegal under the applicable laws including without limitation:
Content that contain or endorse any indecent representation of women, obscene, pornographic information or content including content relating to child pornography;
Content that are product of crime or that involves in crime, encourage murder, violence, public disorder or crimes against humanity;
Liquors, alcoholic beverages, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances or any link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the applicable law for the time being in force;
Any information, content, goods or services that involves, encourages or is unconstitutional, affect the national spirit or sentiments of any person or group of persons or hurts the religious sentiments of any person or group of persons or is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party or is prohibited under the Emblems an Names (Prevention of Improper Use)Act, 1950 and Prevention of Insults to National Honour Act, 1971;
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia; prescription drugs and medical devices; and nonprescription drugs that make false or misleading treatment claims or treatment claims requiring approval from any government authority under applicable law;
Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural; any blood, bodily fluids and/ or body parts; restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests; living, dead creatures and/or the whole or any part of animal which has been kept or preserved by any means or other animals products that are restricted under the applicable laws;
Pesticides or hazardous substances, or items containing hazardous substances including without limitation contaminated toys, or art or craft material containing toxic substances without a warning label.
Counterfeit, replica, or knock-off brand name goods; material or goods that infringes copyright, patent or trademark or any items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy; and
Stolen property or items, or goods for which you are not the owner; airline tickets that restrict transfer, and tickets of any kind; coupons or gift cards that restrict transfer, and coupons or gift cards; and bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information including financial information of yourself or any other third Party; and military or police badges, uniforms, coat-of-arms and/or any Government emblems, insignia and/or items in violation of the applicable law.
You further represent and warrant that you will not
submit or publish or post any information or content that is libelous, defamatory or obscene;
publish falsehoods or misrepresentation that could cause any loss or damage to the Company or any third party, including, without limitation, loss of reputation, credibility, revenue;
submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
publish any information or content that implies or state, whether directly or indirectly, that you are affiliated with or endorsed by the Company without our express consent;
do any act to stalk, harass or abuse any other User; and
engage in any activity that is in violation of these Terms or Privacy Policy of the Company.
Sellers agree to offer for sale such Products that are part of regular commerce and further warrants that buying and usage of such goods/ services including its rental are legal and authorized. Seller hereby represents that the Products offered for sale on Vari contain no defects that would put the Buyer in danger. Further, the Seller agrees not to offer for sale such Products that are banned or the usage or sale of which would constitute a violation of law.
In the event of violation or non-compliance of this Section Error: Reference source not found, the Company reserves the right to suspend or terminate your registration with Vari or permanently block your access to Vari or report you to the law enforcement authority under the applicable law, as the case may be.
You will not:
remove any copyright, trademark or other proprietary notices from any portion of Vari;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Vari except as expressly permitted by the Company;
submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from your rightful owner to share the material and to grant the Company all of the license rights granted therein;
decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law;
link to, mirror or frame any portion of the Services;
reformat or frame any portion of the pages that are part of Vari;
access Vari through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into Vari;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
attempt to gain unauthorized access to or impair any aspect of Vari or its related systems or networks or Services;
attempt to interfere with service to any other registered User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc or transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
infringe any intellectual property or other proprietary rights of any third party;
copy or use the information, content or data of others available on Vari (except as expressly authorized); and
override any security feature of the Services.
You understand and agree that the Company may review any User Content posted on Vari, and in case the Company finds, that you violate any of these Terms, then it reserves the right, to take actions to prevent/control such violation at its sole discretion, including without limitation, removing the offending User Content from Vari and/or terminating your registration and/or blocking your use of the Services.
The Company will also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you when involved in such violations.
You acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. You also acknowledge that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
Listing of Allowed Products for Sale
You, as a Seller can post the image of the Products which you intend to sell to a prospective Buyer, its description, quantity, price and other related information, if any on Vari (“Listing”). You represent that you are the sole owner of such Products that are being offered for sale. Further, it is agreed that you are responsible for any content posted by you on Vari. All the Products shall be put up in the appropriate category of goods and within the applicable city. Placement of a Listing in a particular category by the seller can in no instance be interpreted as a guarantee on the Company’s part regarding the origin and authenticity of the listed Products. The Company may, at its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently.
The Listing can be posted on Vari by the following authorized means: (i) uploading the Listing including the photo of the Product, by the Seller directly upon registering with Vari; (ii) sending an SMS or Whats App text by the Seller to the contact number as given on Vari with a request to place a Listing upon registration; or (iii) calling the customer care of Vari with a request to place a Listing upon registration. In case of (ii) and (iii), online registration with Vari is not mandatory.
Other provisions for a particular sale like delivery, price and any other charges or service in relation to the sale shall be clearly mentioned for a particular Product. The Company is not responsible for any exchange of Products between the Seller and Buyer and it is the User’s responsibility to handle the delivery of the Products. A Buyer always has the option to pick the Products from the Seller’s place directly or to request the seller for delivery. However, Vari lists few third party service providers for delivery of the Product, which can be opted by the Buyer or Seller, at their own discretion. Vari does not exercise any control over the terms of the delivery services including charges etc., which shall be at the discretion of such delivery providers.
Further, the Sellers may mention about his/ her personal information such as address, phone number, email address etc. anywhere on the Listing so that the prospective Buyer can contact him directly. In no event, the Seller shall modify the price upon confirmation of any order placed by the Buyer.
Purchase
Depending on the Buyer’s search on Vari, Vari will display the available Products for sale from plurality of Sellers. The Buyer is free to select any Seller depending on his requirement. Upon selection of a particular Product, the Buyer can contact the Seller by sending a message or calling on the contact number given by the Seller or any other means of communication. The sale or purchase and the delivery of the Product are at the discretion of the Buyer or the Seller. The Company takes no responsibility upon connecting the Buyer and Seller
In case of Virtual Store, the complete process of listing the Products by Seller, Searching for the required Product by Buyer, buying the selected Products, making the payment for the purchase made etc. shall be online. The Buyer can also opt for Cash on delivery on selected Products. In case of Virtual Store, the delivery may be handled by Vari through third party service providers, as applicable from case to case basis.
Product Quality and Pricing Policy
The Price for all Products advertised on the Website will be expressed in Indian Rupees as accepted in the Republic of India. The price of any Product displayed on the website will be subject to taxes payable under applicable laws.
You agree and acknowledge that the Company is only a platform that facilitates interaction amongst its Users for sale and purchase of the Products and that the Company exercises no control over the price, quality and delivery of the Products provided by any User on Vari. The prices and description of the Products provided on Vari are based on the information provided by the Users and the Company will not be responsible for any change or cancellation or unavailability with regard to the Products.
The Company does not endorse any User or any Product and will not be responsible for any loss, injury, damage or harm resulting from any interaction amongst the Users. By using the Services, the you agree that any legal remedy or liability that you seek to obtain for actions or omissions of any other User will be limited to a claim against the particular User or other third parties that caused the loss, injury, damage, or harm. You agree and acknowledge that the Company will not be responsible for:
Quality and delivery of the Products provided by the any User;
Accuracy, reliability or correctness of the description of any Product displayed or advertised on the Website.
The Products provided by any User not being up to your expectations or leading to any loss, injury, damage or harm to you;
The availability or unavailability of certain Products listed on the Website; or
Any User delivering the incorrect Product.
The Seller hereby agrees that Seller will be solely responsible for any loss caused due to any such act or omission of the Seller. In no event the Company shall be held liable for any act or omission of the Seller or Buyer. The risk involved during the transport and delivery of the Products shall be borne by the party who takes such responsibility.
Remedies and Disputes
Users are encouraged to resolve disputes between them. Dispute resolution is the sole responsibility between the Seller and Buyer. User acknowledges that the Company is not responsible for any dispute resolution.
Intellectual Property Rights
You acknowledge and agree that the Company or its licensors or such other third party own all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in Vari, its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
Unless agreed otherwise in writing by the Company, nothing in these Terms gives the User or any third party a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
The Company acknowledges and agrees that unless otherwise specified in these Terms or in any other document pertaining to specific content, that it obtains no right, title or interest from you under these Terms in or to any content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that content, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Unless the Company agrees to otherwise in writing, you agree that you are responsible for protecting and enforcing those rights and that the Company has no obligation to do so on your behalf.
You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
You agree that in using the Services, you will not use any trade mark, service mark, trade name or logo owned by the Company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
If a copyright/ intellectual property owner or an agent thereof believes that any User Content or other content on the Website infringes upon their copyrights or other intellectual property, kindly contact the Company at contact@vari.co.in.
The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your account, notices posted on the Website, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Wesbsite.
Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
These Terms shall remain in full force and effect unless and until your account is terminated as provided herein. Any licenses contained in this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
The Company further reserves the right to terminate this Agreement or discontinue the Services provided through Vari or any portion or feature thereof for any or no reason and at any time without liability to you.
You may also terminate this Agreement for any or no reason and at any time. Upon such termination for any reason, you shall cease to have access to Vari. However, you agree that User Content may be stored in the servers of Vari even after termination to comply with the applicable laws. It is agreed that your grant of non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content that are already posted shall survive the termination of this Agreement.
The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
Sections Error: Reference source not found,6, 10.4,13,Error: Reference source not found,14,15, 16, 17, and 18of this Agreement shall survive following any termination of this Agreement.
The Company may contain features and functionalities that allow access to third party content, including websites, data, information, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Please note that if you allow a third party mobile app or site to authenticate you or connect with your Vari account, that mobile app or site can access information on the Website related to you and your connections. Third party mobile apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should make whatever investigation you may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for their dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. If you have any problem resulting from use of any third party services, or suffer data loss or other losses as a result of problems with any of other service providers or any third-party services, the Company shall not be responsible for the same. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites.
These Terms shall be governed by and interpreted and construed in accordance with the laws of Republic of India. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts in Vijayawada, Andhra Pradesh.
If anyone brings a claim against the Company related to your actions, User Content, comments or information on the Company, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Vari and is not responsible for the User Content you transmit or share on or use on the Website or for any of your actions using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on the Website. The Company is not responsible for the conduct, whether online or offline, of you.
The Company is only acting as an online market place, and any User Content or any submissions made by you and do not represent the views/ clarifications of the Company and the Company makes no guarantee as to the validity, accuracy or legal status of any User Content. It is agreed by you that the Company neither endorses, nor promotes any of the Products, views, ideas, expressions, postings, actions of any of the Users or other information shared by any User on Vari.
The Company strictly encourages you to exercise reasonable diligence as you would adopt in traditional off line channels and practice judgment before committing to or complete intended purchase, sale or exchange of information from other Users of Vari.
The Company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness of any guidelines, Services, tools etc. provided through Vari. Few services provided here will be through a third party and Vari doesn’t take any guarantee of any loss caused due to the actions of such third party. Any content posted by you is your own views and should not be contemplated as views of Vari. The contents of Vari could include technical or typographical errors. Any reliance you place on such information is therefore strictly at your own risk.
You agree not to hold the Company or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the User Content and/ or Listing, save and except to the extent provided in this Section.
You acknowledge and agree that the Company shall not be liable for your interactions with other Users on Vari or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between the Users. You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.
THE COMPANY TRIES TO KEEP VARI, BUG-FREE, AND SAFE, BUT YOU AGREE TO USE IT AT YOUR OWN RISK. VARI IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY TRIES TO PROTECT YOUR DATA ON VARI, BUT YOU AGREE TO UPLOAD/KEEP YOUR DATA AT YOUR OWN RISK. VARI IS NOT RESPONSIBLE FOR MISUSE OF YOUR DATA BY ANOTHER USER OR BY A THIRD PARTY.
THE COMPANY DOES NOT GUARANTEE THAT YOUR DATA WILL ALWAYS BE INTACT OR THAT YOUR DATA WILL NOT BE ERASED OR FORMATTED. HOWEVER THE COMPANY SHALL TAKE NECESSARY PRECAUTIONS TO THE BEST OF ITS ABILITIES TO SAFEGUARD YOUR DATA WITHOUT BEING ERASED OR LOST.
THE COMPANY DOES NOT GUARANTEE THAT VARI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR BUG-FREE OR THAT VARI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN FROM VARI WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER INFORMATION OBTAINED BY YOU THROUGH VARI WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; OR (F) THAT THE SERVICES WILL BE MERCHANTABLE AND WILL NOT INFRINGE UPON ANY INTELLECTUAL PRPERTY RIGHTS.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE COMPANY, THE COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF VARI.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO YOU OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICES PROVIDED BY VARI.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF VARI OR DUE TO SPECIFICATIONS, CONTENT, OR OTHER PRODUCTS AND SERVICES PROVIDED BY VARI, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
If a copyright/ intellectual property owner or an agent thereof believes that any User Content or other content on the Website infringes upon their copyrights or other intellectual property or for any questions regarding these Terms of the Services, you may contact us at contact@vari.co.in..
These Terms along with the Privacy Policy make up the entire agreement between the Parties regarding the use of Vari and the Services, and supersedes any prior agreements or understandings.
If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
You will not transfer any of your rights or obligations under these Terms to anyone else without the Company’s consent.
All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent the Company from complying with the applicable laws.
These Terms do not confer any third party beneficiary rights.
You should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information you may submit on the Website.
The Company reserves all rights not expressly granted to you. It further reserves the right to limit your use of the Services, including the number of your connections, curtailing storage space for your User Content on the Company’s cloud server and your ability to contact other registered Users of Vari. The Company reserves the right to restrict, suspend or terminate your account if it believes that you may be in breach of this Agreement or law or are misusing the Services.
The Company reserves the right to periodically delete at its discretion, the expired and dated data, including but not limited to your messages, your notifications, your Product details, your endorsements, your comments and your publications.
The Company reserves the right to research and publish general user behavior categorized at its discretion.
If under any law, you are entitled or obligated to act contrary to these terms, you consent to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 (thirty) days before you act in such manner.
You will comply with all applicable laws when using or accessing the Services.
By using Vari, you agree to the Company’s Terms of Use and further to receive account and feature e-mails, calls and messages from the Company.