GENERAL PROCONTACT TECHNOLOGIES PRIVATE LIMITED, A Private Limited Company incorporated under the Companies Act, 2013 having its registered office at D504, Vaswani Reserve Apartments, Panathur Main Road, Kadubesanahalli, Bangalore – 560103, Karnataka, India ,hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the mobile application https://procontact.app/ (hereinafter collectively referred to as the “Platform”).
DEFINITION For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
“We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
“User/Customer” shall mean and refer to natural and legal individuals, who use the Website and who intend to seek information about the services offered by the Platform or purchase products and services displayed on the platform for sale. They must be competent to enter into binding contracts, as per Indian laws.
“Services” refer to providing a Platform in the form a digital business card mobile application. In addition to replacing the printed business card, the Platform helps employers keep a track of whom, when and where their employees are giving their Business card to.
“Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
The term “Platform” refers to the mobile application which generates digital business cards. In addition to replacing the printed business card, the Platform helps employers keep a track of whom, when and where their employees are giving their Business card to.
TERMS
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the Company, from time to time, at its sole discretion. If the User continues to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.
The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately.
If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
SERVICE OVERVIEW The Company shall act as a service provider who operates the platform which shall enable generation and sharing of digital business cards. The Application shall also help Employers keep a track of who, when and where their employees are giving their business cards to, thus it provides the Company’s central CRM team efficient data of potential client. Users can also scan paper visiting cards that they receive, hence digitising them instantly which helps manage their professional contacts efficiently.
Users can share a link of their digital business cards by entering the recipient’s email id or phone number. The users shall have the facility of scanning paper visiting cards they receive and the Platform shall capture all the information and store it in the contacts section of the platform, ensuring easier access to the Users. The Platform will trace and display common connections to the Users for every new connection / card scan they upload on the Platform, which shall be generated from the global user data on the Platform
REGISTRATION
Registration is mandatory .Users have to register themselves to access information or purchase the products, services offered for sale on the Platform and scan business cards or update their list of contacts on the Platform. The Users would require to furnish their Name, Email id, Contact number, details regarding the Company in case of Corporate Users or Companies and any other information that the Company deems necessary to seek from Users may be updated at regular interval on the Platform
The Users can link their LinkedIn and Google accounts to their account on the Platform.
The access and Registration on the Platform is free and no extra charges are levied for the same, but the Company shall have the discretion of levying charges for the same at any point of time.
Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. For any minors accessing the Platform, the responsibility for such individuals shall lie solely with their guardians and the Platform or Company shall bear no onus in this regard.
Further, at any time during the use of this Platform, including but not limited to the time of registration, the Customers are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
TYPES OF USERS
Mobile Application User: Users of the Platform registered on the mobile Application can share a link of their digital business cards by entering the recipient’s email id or phone number. The users shall have the facility of scanning paper visiting cards they receive and the Platform shall capture all the information and store it in the contacts section of the platform, ensuring easier access to the Users. The Platform will trace and display common connections to the Users for every new connection / card scan they upload on the Platform, which shall be generated from the global user data on the Platform.
Employer/Admin: The Employer or admin shall have access to a web dashboard. Theycan use the web dashboard to manage the access and usage of the Platform by their employees. The Employer can track with whom and where their employees are sharing the digital business cards. The Employer/ Admin can see all the connections their employees make in real time along with location tags and time stamps. The Employer shall have the right to decide what information should be added in the business card of their employees. The Employer can either provide all data through web dashboard or allow the employees to fill in their details when they download and register on Platform as a user. Only those users who are permitted or provided access by company admin will be able to access the Platform through the company account with their official email id.
Individual Users: Such users can directly get access to the Platform by downloading the application on their mobile and registering on the same. Advertisements may be visible to such Users. As of now the Platform does not charge such users, but fee may be levied on them at time in future on the discretion of the Company and the Platform.
ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The User shall not approach the platform with a fraudulent intent of cheating or defrauding.
The User shall post reviews of the services provided by the Platform in an ethical manner. He shall not use slanderous, abusive or obscene language while posting reviews or during any other time when he is communicating on the Platform.
The User use the Platform only for generating Business cards for businesses legally permissible in India. In the event of the Platform being used for a business venture which is not permissible by law within the Indian Territory, the onus for such act shall vest with the User alone, the Company or the Platform will not be responsible in any manner.
TRACKING AND CONNECTING FEATURES OF THE PLATFORM
The Platform stores all the information from Users when they scan any paper visiting cards or when they share their e-business card link with anyone.
The links through which the digital business cards are shared can be traced and data is also collected regarding when and where and to whom the link was sent.
The recipient shall have the option of saving the details in his phone contact or the contact section of the Platform, if the recipient is also a user of the Platform.
.The Platform will be able to trace whether the recipient of the link has saved the contact details from the digital business card.
The Platform shall track whether the recipient of the link of the digital business card has forwarded the same to any third party.
If the Users consent to the Platform accessing their phone contacts, email contacts and social media contacts, the data thus collected shall be used to find common connections for among all the users on the platform.
The above mentioned data shall be used to auto suggest details when user is connecting with a new contact through the Platform.
CONTENT
The Content displayed on the Platform that is created by the Company is subject to copyright of the Company and shall not be reused by any party (or a third party) without the prior written consent of the company and the copyright owner.
The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to have submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive.
The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof in the form of ratings and review that is deemed to be untrue, inaccurate or misleading.
PAYMENT Charges
Registration . However, in case of purchase of service, the Customer shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of
Payment Methods
Debit Card
Credit Cards
Amex Card
Net Banking
Online Payment Gateways: Pay U
The An additional processing charge of 3% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any User
The payment is processed through a third party gateway and the User shall be bound by the third party’s terms and conditions.
REFUND AND RETURN Payment once made by the Users will not be refunded by the Company. In case of refund requests raised by the Users, the final discretion of accepting or processing the request shall vest with the Company alone.
TERM & TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform
A User may terminate their use of the Services and the Platform at any time.
The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular User, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other users to the Platform.
The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
COMMUNICATION
By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
Customer can report to the Company any grievances or suggestions that they have through e-mail or communication section of the platform. If they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT The Customer agrees and acknowledges that they are a restricted User of this Platform and that they:
Agree to provide genuine credentials during the process of registration on the Platform.
Agree that they are solely responsible for maintaining the confidentiality of their account password. The Customer has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption’s, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the Customer including but not limited to acts of fraud and falsification of information.
Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
Agrees that the platform will be used by the User solely for the purpose of viewing and purchase of the products offered for sale on the Platform for personal use.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, transmit, or in any manner share any information that:
belongs to another person or business and to which the Customer has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
violates any law for the time being in force;
deceives or misleads the other users
INDEMNIFICATION The Users agree to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
INTELLECTUAL PROPERTY RIGHTS Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
FORCE MAJEURE Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of _________.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
JURISDICTION The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of___________________.
GRIEVANCES Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to_________.
MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at ________________