TERMS OF USE & PRIVACY POLICY

TERMS OF USE & PRIVACY POLICY

Date of last revision – 1/12/2018
  1. Introduction

Visiaro, an India company registered under Maharashtra Shops & Establishments Act, 1948, having its registered office at 27, Kika Street, Ground Floor, Mumbai, Maharashtra, India, Pincode 400004, owns and operates the domain name www.visiaro.com to provide/supply industrial / home building products, home design products, hardware products and industrial fashion products whereby the Users (as defined hereinafter) can access the Website and avail of the following product and services:

  • View and make purchases of products/subscription populated or listed on the Website;

All Users of the Website are advised to carefully read and understand these terms and conditions (“Terms of Use”) and all applicable policies, which are either included herein by way of reference or are otherwise available on the Website (“Policies”). By accessing or using the Website or its mobile application on any computer, mobile phone, tablet, console or any other device a User agrees to be bound by the Terms of Use, any applicable law and all such Policies whether or not you are registered/unregistered member/subscriber of Visiaro.com website.

For the purpose of these Terms of Use, wherever the context so requires, “you” or “User(s)” shall mean any natural or legal person who either uses or browses the Website, with or without registering on the Website, or avails any Product or Service or transacts on the Website, after registering as a user on the Website. The terms “we”, “us”, “our” shall mean Visiaro.

If you do not agree with the Terms of Use or any of the Policies, please do not use or access the Website. As such, your access or use of the Website implies your acceptance of the Terms of Use and the Policies, each as amended from time to time, and constitutes an agreement between you and Visiaro for use of the Website and/or provision of Visiaro.com products and Services to you.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use or Policies, at any time, without any prior written notice to you. It is your responsibility to review these Terms of Use and Policies periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to all such revisions. These changes are effective immediately, after they are posted on this page. As long as you comply with these Terms of Use and the Policies, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

  1. User Eligibility

Use of the Website is available only to persons who are capable of entering into legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including children, un-discharged insolvents etc. are not eligible to use the Website. Our Product and Services do not address anyone under the age of 13. If you are a child i.e. under the age of 13 years, you shall not register as a User of the Website and shall not transact on or otherwise use or access the Website. As a child under the age of 13, if you wish to use, access or transact on the Website, such use or transaction may be made by your legal guardians or parents after registering themselves on the Website. Visiaro reserves the right to terminate your account / membership and / or refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 13 years.

  1. User Account and Registration Obligations

You will have to register on the Website if you wish to transact on the Website and avail any Product and Service. Any User can register on the Website by following the instructions provided in this regard on the Website. The User has to provide a unique username/email and password in line with the prescribed instructions and requirements. The User can register as an Individual or Firm where User has to provide valid address and company details. Confirmation of registration on the Website will be sent by e-mail or sms to the User’s e-mail address and mobile phone number provided in the registration form. Visiaro.com shall, upon completion of the registration process by the User and subject to acceptance of the Terms of Use and the Policies by the User, at its sole discretion, create an account for the User on the Website (“User Account”). You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate not current or incomplete or not in accordance with the Terms of Use, we shall have the right to indefinitely suspend, terminate and/or block the User’s access to the User Account and/or refuse to provide such User with access to the Website.

Visiaro.com solely reserves the right to accept or reject the registration request submitted by a User, without any obligation of providing an explanation. Visiaro.com reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that Visiaro.com also continues to maintain the right to close the User Account, without any prior notice, for any reasons whatsoever.

The User shall be responsible for maintaining the confidentiality of the username/email and password of the User Account and shall be fully responsible for all activities that occur from such User Account. You agree to:

  • Immediately notify Visiaro.com for any unauthorized use of your User Account or any other breach of security, and
  • Ensure that you exit/logout from your User Account at the end of each session.

Visiaro.com shall not be liable for any loss or damage arising from the User’s failure to comply with the above stipulations.

  1. General Conditions

Use of the Website

The User agrees, undertakes and confirms that his/her/its use of the Website shall be governed strictly by the following binding principles:

  • The User shall access the Website only for lawful purposes and shall be responsible for complying with all applicable laws, statutes and regulations in connection with the use of the Website.
  • The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this Website and shall not create a hypertext link to the Website, except with the prior written permission of Visiaro.com.
  • You shall be responsible for any notes, messages, comments, e-mails, billboard postings, photos, profiles, opinions, ideas, images, videos, audio files or other materials or information posted on or transmitted to/through the Website or on a third-party social media site belonging to Visiaro.com (“User Content”). Such User Content will become our property and you grant us the worldwide, perpetual and transferable rights in such User Content.
  • You are required to make polite comments and questions. Insults and links to other website are prohibited including any abuse or harm to any person or website. Do not post any personal information of self or other users. Do not post any advertising, solicitation or commercial content whatsoever on the Website.
  • Do not impersonate any person or entity, including without limitation VISIARO.COM employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for a Visiaro.com account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
  • You are solely responsible for your interactions with other people, whether online or in person. Visiaro.com is not responsible or liable for any loss or damage resulting from any interaction with other Visiaro.com Website users, persons you meet through this Website, or persons who find you because of information posted on, by or through the Website, by on a third-party social media site belonging to Visiaro.com. You agree to take reasonable precautions in all interactions with other users on the Website and conduct any necessary investigation before meeting another person. Visiaro.com is under no obligation to become involved with any user dispute, but may do so at its own discretion.
  • No product, designs or other such material should be copied, saved or printed without buying or without obtaining prior permission in writing from Visiaro.com.
  • com claims its ownership on the commentary of the subject/s, design/s, the development of the Website, its pages, the idea on which the site is floated, glossary, information database, the answer to the queries, literature and other material and products except the HSN/BIS Codes published by Government or its agencies and the government publications, which may be available on the Website.
  • The User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information on any other User of the Website, or any other customer, including any account on the Website not owned by such User, to its source, or exploit the Website or any product or service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than the User’s information, as provided by the Website.
  • The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • The User shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Website or related to us.

Other Conditions

If any material or product chosen by you is currently unavailable, we shall inform you of the same and you may be required to select another alternative.

  1. Payment

All payments in respect of Visiaro.com Product and Services shall be made through one or more of the methods available on the Website. The full and complete payment for the Visiaro.com Product and Services is the essence of the Terms of Use and if, in any way, the payment is not made or is incomplete, the User will not be able to avail the relevant Visiaro.com Product and Services in any form and the use of the Website or any Visiaro.com Product and Services by such User will be considered as illegal and such User will be liable for civil and criminal consequences and Visiaro.com shall have all the right to initiate civil and criminal proceedings against such User and claim damages and losses which may arise from such illegal use.

While availing any of the payment method/s available on the Website, Visiaro.com shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

  • Lack of authorization for any transaction/s;
  • Exceeding the preset limit mutually agreed by You and between “bank/s”;
  • Any payment issues arising out of the transaction; or
  • Declining of a transaction for any other reason/s.

All payments made in respect of Visiaro.com Product and Services on Website by the User shall be compulsorily made in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the transactions made on the Website.

For availing Visiaro Product and Services, the Users will have to make payments in the manner, in such intervals and using such payments methods as may be specified in agreements executed between Visiaro.com and the Users for providing such product and services.

All valid Credit / Debit/ Cash Card and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective issuing bank and payment instrument issuing entity.

  1. Indemnification

The User shall indemnify and hold harmless Visiaro.com, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions (including reasonable attorneys’ fees), made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use or any of the Policies, or violation by the User of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  1. Delivery Policy

The delivery commitment of Visiaro.com is subject to the following conditions:

  • Timely Payments: The products will be sent and User can avail service only after receiving the payments as per agreed payment terms.
  • Timely communication from the User: If required information for successful completion of any Visiaro.com transaction is not communicated in a timely manner, any delay or failure in delivering such Visiaro.com Product and Services, arising out of such situations, shall not be attributable to Visiaro.com.
  • Completeness of information provided by the User: If the information provided to Visiaro.com is incomplete and/or complete information/scope in relation to the Visiaro.com Product and Services is not provided at the time of availing the Visiaro.com Product and Services, Visiaro.com will not be bound to maintain its delivery time.
  • Compensation for the delay of delivery: Visiaro.com will not make any compensation for the delay in delivery under any circumstances, except in accordance with any agreement executed with the User with this regard to the Visiaro.com Product and Services.
  • Delivery of Subscription plan: After successful receipt of payment for a subscription / service selected by the User, the selected transaction invoice will be sent to the User (by e-mail) within 72 hours from the receipt of payment.
  • Mode of Delivery of Products: All product purchased will be delivered either by Courier or Post or Transporters to the address mentioned while placing the order.
  • Invoicing: All invoice / bill of product or services purchased on the Website shall be delivered by e-mail in Portable Document Format (.pdf), which would be suitable for printing on A4 to A1 size paper. In addition to the soft copy of the invoice / bill, the User can request for a hard copy of the invoice / bill. In such case, the User would need to pay an additional price for the hard copy along with delivery charges and additionally provide the delivery postal address and contact details so that the invoice / bill document can be delivered by Courier / Post. As of now. All Users outside India can make an online payment and receive hard copies of the invoice / bill by e-mail.

Further detailed Product Shipping and Delivery policy is given in below link:

http://visiaro.esy.es/shipping-return-policy/

  1. Return, Refund and Cancellation Policy

We process your order Return / Refund / Cancellation in accordance with our current Shipping Return Policy available at:

http://visiaro.esy.es/shipping-return-policy/

  1. Privacy

We view protection of your privacy as a very important principle. We store and process your information in accordance with our current Terms of Use and Privacy Policy.

Information we collect

  • Contact information: We might collect your name, email, mobile number, phone number, street, city, state, pincode, country, ip address and other information as mentioned in the website.
  • Payment and billing information: We might collect your billing name, billing address and payment method when you buy a Product / Service / Subscription. We NEVER collect your credit /debit card number or credit /debit card expiry date or other details pertaining to your credit /debit card on our website. Net Banking or Credit /Debit card information will be obtained and processed using a payment gateway or appropriate payment system infrastructure.
  • Demographic information: We may collect demographic information about you, products / services you like, events / surveys you intend to participate in, products / service you buy, or any other information provided by you during the use of our website. We might collect this as a part of a survey also.
  • Other information: If you use our website, we may collect information about your IP address and the browser you’re using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

We collect information in different ways

  • We collect information directly from you: We collect information directly from you when you register on our website or buy products /services. We also collect information if you post a comment on our websites or ask us a question through phone or email.
  • We collect information from you passively: We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
  • We get information about you from third parties: For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name, phone number, email address and other information.

Use of your personal information

  • We use information to contact you: We might use the information you provide to contact you to confirm or coordinate or communicate regards to any purchase made on our website or for other promotional purposes.
  • We use information to respond to your requests or questions: We might use your information to confirm your registration on our website or placement of any order.
  • We use information to improve our products and services: We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
  • We use information to look at site trends and customer interests: We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
  • We use information for security purposes: We may use information to protect our company, our customers, or our websites.
  • We use information for marketing purposes: We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy any product / service from us we’ll enroll you in our newsletter.
  • We use information to send you transactional communication: We might send you emails or SMS about your account or any order placed or purchase of a product / service.
  • We use information as otherwise permitted by law.
  • If you have any objection in respect of yourinformation being collected, shared or used in the manner specified therein, please do not use the Website.
  1. Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

  1. Sharing Information

We may share / transfer User Information to / for:

  • SERVICE PROVIDERS / THIRD PARTIES who perform services on our behalf / BUSINESS PARTNERS / EVENT ORGANIZERS

We may employ third-party companies and individuals due to the following reasons:

  1. To facilitate our Service such as manage online registration process, or payment processors or transactional message processors;
  2. To fulfill the purchase obligation;
  3. To provide the Service on our behalf;
  4. To perform Service-related services; or
  5. To assist us in analyzing how our Service is used.
  6. To provide or sponsor an event or sale

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. Some vendors may be located outside of India.

  • BY LAW OR TO PROTECT RIGHTS

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property or safety. We may share information to prevent illegal uses of Visiaro.com Products and Services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

  • BUSINESS TRANSFERS

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Visiaro company. If this should happen, notice will be provided by posting to the website or other form of communication.

We may share your information for reasons not described in this policy. We will tell you before we do this.

  1. Modifying or Deleting Your Data Information

You can modify or disable your account profile within certain Visiaro.com limitations, through your account or raising a request. Your information previously posted may still be publicly viewable. Visiaro.com may keep information and content in our backup files and archives. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

  1. Website Contents

All contents available on the Website including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, design, structure, selection and computer code (collectively, “Content”), is owned and controlled or licensed by us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of such Content shall be reproduced in any form, whether electronically or otherwise, without the prior consent of Visiaro.com, other than temporarily in the course of using the Website or to keep a record of transactions entered into while using the Visiaro.com Product and Services.

  1. Disclaimer

Website

This Website and all Product and Services included on or otherwise made available to you through the Website are provided without any representation or warranty, express or implied, except otherwise specified in writing. Without prejudice to the forgoing, we do not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way or in relation to the Content of, or use of, or otherwise in connection with, the Website. We do not warrant that this Website, the Content or Product or Services included on or otherwise made available to you through the Website, their servers or electronic communication sent from us are free of viruses or other harmful components. Product or/and Service is being made available for use, without any representation or warranty that all services, features, functions or operations will be available or be performed as described. Product feature /specification/ details mentioned and/or Services mentioned and/or the Website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless, without limiting the foregoing. Visiaro.com is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website.

Nothing on Website constitutes, or is meant to constitute, advice of any kind.

Force Majeure

Visiaro.com, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees shall not be held responsible for failure or delay in performing their obligations and shall not be liable for any damage or loss due to deficiency in performance of the Visiaro Product, Transaction or Services resulting, directly or indirectly, from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, or any other event which is beyond the control of Visiaro.com or such other concerned person.

Advertising Material

Parts of the Website may contain advertising/other material submitted to Visiaro.com by third parties.  Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable law is exclusively on the advertisers and Visiaro.com will not be responsible for any claim, error, omission or inaccuracy in advertising material. Any transactions with third parties including advertisers in this Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  Visiaro.com shall not be responsible or liable for any part of any such dealings or promotions.

Other Vendors

Visiaro.com does not endorse or guarantee on quality of any goods and services that are being promoted by the vendors of such goods and services through the medium of the Website or which may be otherwise used for providing Visiaro.com Product and Services.

Links to Other Sites

The Website may contain images of and links to third party websites (“Linked Sites”).  The Linked Sites are not under the control of Visiaro.com and Visiaro.com is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to Linked Site. Visiaro.com is not responsible for any form of transmission received from any Linked Site nor is Visiaro.com responsible if the Linked Site is not working appropriately. Visiaro.com is providing these links to you only as a convenience or value addition, and the inclusion of any link does not imply endorsement by Visiaro.com of the site or any product / service offered therein or any association with its operators.  The User is responsible for viewing and abiding by the privacy statements and terms of use as prescribed by the Linked Sites.

  1. Communications

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.

Visiaro.com may send you product and service-related communications. To unsubscribe and stop receiving messages, please change your settings in your account or follow the instructions in the email, text message, notification or other message type.

  1. MOBILE SERVICES

The Website contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Visiaro.com mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

  1. Limitation of Liability

You understand and agree that, to the fullest extent permissible by law, under no circumstances shall Visiaro.com, its successors and assigns or affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers be liable for any loss or damage, of any kind, direct or indirect, whether based in contract, torts (including for negligence) or otherwise, in connection with or arising from use of the Visiaro.com Product and Services or from these Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

  1. Governing Law and Jurisdiction

These Terms of Use, your use of the Website and/or the Visiaro.com Product and Services and related rights and obligations shall be governed by, interpreted and enforced in accordance with, the laws of India and courts in Mumbai, Maharashtra, India shall have exclusive jurisdiction to try all disputes in this regard.

  1. Entire Agreement

These Terms of Use and the Policies constitute the entire agreement between Visiaro.com and you in respect of your use of the Website and/or any Visiaro.com Product and Service. However, for the purposes of availing any other Services, you may be required to execute a separate agreement with Visiaro.com regarding/and those other services. These Terms of Use shall be read in conjunction with such agreement. In case of any conflicts or inconsistency between the Terms of Use and such agreement, the latter shall take precedence.

  1. Third Party Rights

Except as expressly stated otherwise, nothing contained in this Terms of Use shall be taken as granting any right, expressly or implicitly, whether contractual or statutory, to persons other than you or Visiaro.com.

  1. Assignment

In the event Visiaro.com enters into a joint venture or is acquired by or amalgamated into another entity or if Visiaro.com otherwise so requires for any other reason, Visiaro.com may assign its rights or obligations under the Terms of Use, in whole or in part, without the consent of the User. The User cannot assign its rights or obligations under the Terms of Use, in whole or in part, without the consent of Visiaro.com, which consent may be withheld, delayed or conditioned.

  1. Severability

If any provision of the Terms of Use or Policies is held to be illegal, invalid or unenforceable under any present or future applicable law: (a) such provision shall be fully severable; (b) the Terms of Use shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and (c) the remaining provisions of the Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance herefrom.

  1. Waiver

The failure to exercise or delay in exercising any right or remedy under this Terms of Use shall not be construed as a waiver of the right or remedy, waiver of any other rights or remedies under these Terms of Use or at law. A waiver by Visiaro.com of any terms or conditions in any instance should not be considered to be a waiver of any term or condition for the future or of any subsequent breach.

  1. No partnership

The Visiaro.com Products and Services shall be provided to the Users on a principal-to-principal basis. Nothing in this Terms of Use is intended or is deemed to constitute a partnership, joint venture, an agency relationship or employment of any kind between Visiaro.com and the User.

  1. Contact Us

You may contact us for any questions or comments regarding the Website or the Terms of Use.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder (as modified or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signature.