Terms of service
Updated On: 19-12-2022
In this Terms of Service, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Terms of Service that you do not agree with, please discontinue use of our services immediately.
Index
About the Application
Acceptance of the Terms
Your obligations as a Member
Payment
Refund Policy
Copyright and Intellectual Property
Privacy
General Disclaimer
Competitors
Limitation of liability
Termination of contract
Indemnity (insurance)
Dispute and Resolution
Venue and Jurisdiction
Governing Law
Independent Legal Advice
Severance
Redressal Of Grievances
Consent to use of data
Accountability and credibility
Prohibited Activities
Profile Creation
Eligibility Criteria
ByVisit’s Rights
1. About the Application
(a) Welcome to ByVisit (the ‘Application). The Application (the Services).
(b) The Application is operated by . Access to and use of the Application, or any of its associated Products or Services, is provided by. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree With the Terms, you must cease usage of the Application, or any of its Services, immediately.
(c) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by using or browsing the Application.
You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
3. Your obligations as a Member
As a Member, you agree to comply with the following:
(A)you will use the Services only for purposes that are permitted by:
(i) the Terms, and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your credential and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services; you will not use the Services or the Application in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of;
(f) you will not use the Services or Application for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by for any illegal or unauthorized use of the Application; and
(h) you acknowledge and agree that any automated use of the Application or its Services are prohibited.
4. Payment
(a) where the option is given to you, you may make payment by way of online payment gateway under byvisit.com
(b) All payments made in the course of your use of the Services are made using. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on the Application.
(c) You acknowledge and agree that where a request for the payment of the is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with your payment provider.
(d) You agree and acknowledge that it can vary at any time.
5. Refund Policy
We will only provide you with a refund of the subscription, if in the event we are unable to continue to provide the Services or if the manager of our company makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (of the Refundable).
6. Copyright and Intellectual Property
(a) The Application, the Services and all of the related products are subject to copyright. The material on the Application is protected by copyright under the laws of India and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by ,who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Application pursuant to the Terms;
(ii) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(iii) print pages from the Application for your own personal and non-commercial use. We do not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by us.
(c) We retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d)You may not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does extend to materials on the Application, which are available in the public domain.
7. Privacy
We takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to the Privacy Policy, which is available on our privacy policy
8. General Disclaimer
(a) Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Indian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity. pursuant to statute or otherwise.
(c) Use of the application and the services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the services or any products or services (including the products or Services of ) referred to on the application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability or currency of any information on the application, the services, or any of its services related products (including third party material and advertisements on the application): ;
(iii) costs incurred as a result of you using the application, the services or any of the products of; and
(iv) the services or operation in respect to links which are provided for your convenience.
9. Competitors
If you are in the business of providing similar services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of us. Competitors are not permitted to use or access any information or content on Our Application. If you breach this provision, will hold you fully responsible for any loss that we may Sustain and hold you accountable for all profits that you might make from such a breach. As well as the fine would be applicable for breaching of our terms of services.
10. Limitation of liability
(a) User’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.
(b) You expressly understand and agree that, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of contract
(a) The terms will continue to apply until terminated by either you or by as set out below.
(b) may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision;
(i) is required to do so by law; the provision of the Services to you by is, in the opinion of , no longer commercially viable.
(c) Subject to local applicable laws, reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ‘s name or reputation or violates the rights of those of another party.
12. Indemnity (insurance)
(a) You agree to indemnify, its affiliates, employees, agents, contributors, third party content providers and licensors from and against
(i) all actions, Suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(iii) any breach of the Terms
13. Dispute Resolution
(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice: A party to the Terms claiming a dispute (‘Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) Must
(i) Within days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii)If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
(iii)The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in India.
(d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of Evidence.
(e) Termination of Mediation: If have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
(f) User Disputes: Users are solely responsible for any interactions with any other user in connection with the services of byvisit.com. Byvisit will have no liability or responsibility of the dispute. Byvisit reserves the right, but has no obligation, to become involved in any way with the disputed between users and their connections who use our services.
14. Venue and Jurisdiction
The Services offered by is intended to be viewed by residents of India. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of India.
15. Governing Law
The Terms are governed by the laws of India. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of India, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. As our services secures rights to make changes to its platform on provided terms and conditions above
18. Redressal Of Grievances
1. If the Merchant has any questions or complaints regarding the Services, you may directly reach out to us through the modes provided at.
2. You ensure that you will address all questions and/or complaints that a Customer has and include appropriate clauses detailing the mechanism that shall be followed to resolve Customer grievances in the terms and conditions applicable to the sale of such product and/or service.
19. Consent to use of data
We may use information and data pertaining to your use of the Services for analytics, trends identification, service updates/notifications/support, and purposes of statistics to further enhance the effectiveness of the Services and efficiency of the Platform. All data that we collect in order to provide you the Services shall be governed in accordance with our Privacy Policy.
20. Accountability and credibility
Under the IT Act Sec 66D, “Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend up to three years and shall also be liable to a fine.
In case of fake accounts that are used to cheat others by appropriating the personalcablexxxv. information of other users without their consent or by using made-up personal details, the creator can be held liable under Section 416 of the IPC which deals with cheating by personation. The provision states that a person is said to ‘cheat by personation’ if he cheats by pretending to be some other person. The imposter would be held guilty whether the individual personated is a real or imaginary person. Under Section 468, any person who commits forgery of an electronic record for the purpose of cheating would also be held guilty.
21. Prohibited Activities
Services/Goods providers as below listed are strictly prohibited to pursue their networking by our services. And will be deleted as we found such activities by reports/audit. Direct Person/Entity will be responsible for any jurisdictional consequences and will have information provided to jurisdictional prosecution throughout worldwide jurisdiction societies.
i. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media, escort or prostitution services);
ii. Alcohol or goods which includes Alcohol content or any other alcoholic beverages such as beer, liquor, wine, or champagne;
iii.Body parts which includes organs or other body parts including blood and other bodily fluids;
iv.Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
v. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
vi. Child pornography which includes pornographic materials involving minors;
vii.Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
viii.Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
ix.Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
x. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods;
items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
xi. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
xii. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
xiii. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
xiv. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
xiv.Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
xv.Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
xvi.Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
xvii.Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
xviii.Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
xix.Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals;
xx. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;
xxi. Pyrotechnic devices and hazardous materials which includes fireworks and related xxii. Regulated goods which includes air bags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
xxiii. Securities which includes stocks, bonds, or related financial products;
xxiiv. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, electronic cigarettes and related products;
xxv. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;
xxvi. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
xxvii. Wholesale currency which includes discounted currencies or currency exchanges;
xxix. Live animals;
xxx. Multi-Level Marketing collection fees;
xxxi. Matrix sites or sites using a matrix scheme approach;
xxxii. Work-at-home information;
xxxiii. Drop-shipped merchandise;
xxxiv. Overseas foreign exchange trading;
xxxv. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of US;
xxxvi. Remote Access Technical Support;
xxxvii.Illegal weapons, Product violating someone’s privacy, providing or creating computer viruses;
xxxviii.Product that tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
xxxvix.Interferes with another’s use and enjoyment of the Website;
xl. 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 offense or prevents investigation of any offense or is insulting any other nation;
xli.Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xlii.Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
xliii.Web Hosting;
xliv.Financial Consultants;
xlv.Resume writing and Recruitment services xlvi.Fortune tellers/Astrology;
xlvii.Credit repair or protection or restoration;
xlviii.Dating/Matrimonial services;
xlix.Charities/Donations;
l. Auction houses;
li. Real Estate agents/brokers;
lii.Prepaid cards;
liii. Adoption of children and babies;
liv. Code that carries out any “denial of service” or any other harmful attacks on application or internet service;
lv. Inappropriate, illegal or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum;
liv. Disruption, placing unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to the Store (as defined in GMAS Terms) of any other User;
lv. Antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “briefing” as those terms are commonly understood and used on the internet;
viii. Block chain and digital payment systems such as Bitcoins.
22. Profile Creation
1. In order to avail the Services, you will be required to create an account on the Platform by setting up a username and password which will be linked to your phone number and email address (“Account”).
2. You agree that you shall implement reasonable measures to secure access to:
(a) any device associated with the email address or phone number linked to your Account with the Platform; and
3. You are responsible for maintaining the confidentiality of your username and password assigned during the Account registration process. You agree to immediately notify us of any disclosure or unauthorized use of your Account, or any other breach of security with respect to your Account.
4. We reserve the right to disable any password or any such other unique code which gives access or identifies your acts on the Platform if in our reasonable opinion you are in breach of any provision of the Terms.5. If you know or suspect that anyone other than you knows your password, you must cease using the same password, change your password immediately and promptly notify us as provided under clause 19. You must ensure that you log out from your Account at the end of each session to prevent misuse of your Account.
6. The Services provided whether or not as a collective work and/or compilation, are protected pursuant to the copyright laws, international conventions, and other intellectual property laws of the territory where the Services are performed. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
7. You expressly agree and consent to be liable and accountable for all activities that take place through your Account. We shall in no manner be held liable for any unauthorized Transaction, refund requests, Dispute requests through your Account due to unauthorized access including but not limited to hacking and security breaches.
8. You agree to receive communications from us regarding:
(i) information relating to Transactions on the Platform;
(ii) Transaction Amount received; (iii) information about us and the Services;
(iv) promotional offers and services from us and our third-party partners; and
(v) any other matter in relation to the Services.
23. Eligibility Criteria
1. You represent and warrant that you
(a) have full legal capacity and authority to agree and bind yourself to these Terms;
(b) are eighteen years of age or older;
(c) are an Indian resident; and
(d) have all requisite licenses, registrations, rights, power, and authority in full force to enter into this Terms and Conditions. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
24. ByVisit’s Rights
ByVisit specifically secures rights to make the necessary changes in one’s account when it is found that the account is under any kind of misuse and mismanagement. To ensure customer safety and security, ByVisit would take any action at any point of time when it notices any kind of breach and disturbance. The company would constantly inspect the customer behavior after a customer has signed up with us to increase the quality of legitimacy in networks and smooth communication in the ByVisit ecosystem.
Approved by:
BYVISIT.COM
Powered by:
IZZARDTECH SOLUTIONS
Date: 15/09/2022
Contact: support@byvisit.com