Terms of Service
Welcome
Welcome to the Viamagus Platform (the "Viamagus Platform").
The Viamagus Platform is operated by Viamagus Technologies Private Limited ( “Viamagus" ). The Viamagus Platform is the integrated online platform on which our various cloud-based services are built and published. It caters to a wide range of users from single business owners to consultants to small and medium enterprises. The Viamagus Platform is available as SaaS (Software as a Service), is on the cloud, is always available, and can help your business get online and stay connected! Use of the Viamagus Platform is governed by the following terms and conditions ( “Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by Viamagus (including access to its websites) may be governed by separate terms and conditions. By using the Viamagus Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Viamagus Platform. The terms “we” and “us” refers to Viamagus and its affiliates, and the term “you” refers to you, the user of the Viamagus Platform.
What do we provide on the Viamagus Platform
The Viamagus Platform is designed to unify your business’ entire online presence across functions on one single platform. Our cloud-based services assist you in tasks ranging from creating a web presence to managing your schedules and services online to enabling e-commerce to assisting you in communicating with your clients through social and other channels and more – all while giving you complete power over your content and information. And it all comes together on The Viamagus Platform! We provide these services through the Viamagus Platform and any other related websites, toolbars, widgets, applications or other distribution channels (including application programming interfaces) we may, from time to time, operate. You may use the Viamagus Platform for your personal and business use or for business purpose of the business entity or organisation that you represent.
Acceptance of the Terms
By using the Viamagus Platform, you are agreeing to comply with and be bound by the Terms of Service. Your use of the Viamagus Platform is subject to the Terms of Service, which may be updated from time to time without notice to you. The Terms of Service apply only to your use of the Viamagus Platform. The use of any other product or service offered by Viamagus may be governed by separate terms and conditions. Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Viamagus Platform). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Viamagus Platform, and the services that are provided to you through the Viamagus Platform.
Eligibility
By using the Viamagus Platform, you represent and warrant that
(a) you are fully able, competent and authorised to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service;
(b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information;
(d) have attained the age to legally accept these Terms of Service as per the laws applicable to you and/or at your location, or the age of 18 years, whichever is higher; and
(e) your use of the Viamagus Platform does not violate any applicable law or regulation. Use of the Viamagus Platform is void where prohibited.
You are not eligible to use the Viamagus Platform if you are our competitor, or if you operate a similar business or platform. The Viamagus Platform is available only to genuine users who are accessing it for their business purposes.
Registration and Your Account
You can create an account with us by registering on the Viamagus Platform. The registration of your account on the Viamagus Platform is subject to you satisfying the Terms of Service at all times. If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the Viamagus Platform.
Security and Access of Your Account
You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorised access and/or use of your account, or otherwise. You agree not to use the account, username or password of another user (unless validly authorised) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your account. You agree not to access or use the Viamagus Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Viamagus Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorised access to any parts of the Viamagus Platform or any accounts, computer systems or networks, etc. You agree not to use any robot, spider, scraper or other automated means to access the Viamagus Platform or any other product, service or website operated by us or any other person. We may, at our sole discretion, permit the use of distribution channels such as application programming interfaces for the Viamagus Platform.
Your Content, User Data and Privacy
We are concerned about your privacy and have developed a policy to address privacy concerns. Any personal information collected on the Viamagus Platform may be accessed and stored globally and will be treated in accordance with our Privacy Policy.
Any content you create or store on the Viamagus Platform (collectively, "Content") remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use), transferable and sub-licensable (so that we are able to use our affiliates and sub-contractors such as Internet content delivery networks), and worldwide (because the Internet is global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Viamagus Platform from your customers / visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through the Viamagus Platform. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.
You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service or any applicable law, rule or regulation. We are not under any obligation to keep back-up copies of the Content once your account is deleted. We make no guarantee that Content will be safely stored on the Viamagus Platform. To be safe, you should independently back-up your Content, to the extent permitted herein and by applicable laws, rules and regulations.
The Viamagus Platform may also provide you with the ability to modify any Content. You acknowledge and agree that you are solely responsible for the Content and that any modifications you may make are required to be in accordance with applicable law.
Fees and Subscription Plans
The services on the Viamagus Platform are available on monthly, quarterly and yearly subscription plans ("Paid Services"). We may provide other subscription plans from time to time. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. Subscriptions are non-refundable. We may, at our sole discretion, provide you with a trial period for a whole or a part of the Viamagus Platform. The subscription fee will be charged to you through the payment method selected by you at the time of registration on the Viamagus Platform. If you would like the payment for the renewal to be made through a different method or if you do not wish to renew the subscription, you agree to inform us at least seven (7) days prior to the renewal date. We reserve the right to change the subscription fee and to charge for use of the Viamagus Platform that are provided free of charge or at a discounted rate. The changes shall only apply prospectively to the Paid Services you've purchased.
For information on the subscription options and charges for all Paid Services, please contact support@viamagus.com.
Subscription to Beta Services
We may offer certain services on the Viamagus Platform as closed or open beta services ("Beta Services") during the testing and evaluation period. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. You will be under no obligation to acquire a subscription to use any Paid Services (defined below) as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. We also reserve the right to make the Beta Services available for a subscription fee (which may or may not be lower than the subscription fee payable for Paid Services).
Payments
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. Your use of the Viamagus Platform and/or the Paid Services we provide you pursuant to our arrangement may be subject to taxes, duties and fees payable in India and/or your location. You shall be solely responsible for payment of all such taxes, duties and fees and the subscription fees provided by us are exclusive of any taxes, duties and fees. In certain cases, we may have the obligation to pay taxes, duties and fees arising out of our arrangement and such taxes, duties and fees shall be charged to you in addition to any payments you make for the Paid Services. You authorise us to charge you for the Paid Services according to the payment method specified at the time of subscription and retain any information we need to charge you as per the preferred payment method. If the payment method specified by you fails or your account is past due, then
(a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
(b) we may collect fees owed using other collection mechanisms, if it remains unpaid; and
(c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account.
You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Refunds
We generally do not refund any amounts received from your for the Paid Services or any other services delivered through the Viamagus Platform. However, in cases or erroneous transactions and other similar exceptional cases, you can write to us at support@viamagus.com with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.
Prohibited Activities
You agree not to use the Viamagus Platform for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. You agree to indemnify us for any liability on us which may arise due to your misuse of the Viamagus Platform.
Despite these prohibitions, content communicated by other users of the Viamagus Platform may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates the Terms of Service, any applicable law, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
Inactive Accounts Policy
We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [60] days. In the event of such termination, all data associated with such account may be deleted. We will provide you prior notice of such termination by email.
Monitoring
We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.
Service Communication
We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail or important notices pertaining to our arrangement. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Viamagus Platform, or our offers.
Third Party Links and Interaction
Additionally, we may provide hyperlinks though the Viamagus Platform, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Viamagus Platform. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Viamagus Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms of Service.
Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Viamagus Platform and that you will indemnify us for any claims which may arise on us in this regard.
We have invested substantial time and effort into developing the Viamagus Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Viamagus Platform. You agree that any infringement of these restrictions will cause us irrepairable loss.
Disclaimer of Warranties
We do not warrant that:
(a) the Viamagus Platform will meet your specific requirements;
(b) the services on the Viamagus Platform will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Viamagus Platform will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Viamagus Platform will meet your expectations; and
(e) any errors on the Viamagus Platform will be corrected.
Limitation of Liability
You expressly understand and agree that Viamagus, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Hercule Platform;
(b) the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Viamagus Platform;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the Viamagus Platform;
(e) or any other matter relating to the Viamagus Platform.
Your sole and exclusive remedy for any dispute regarding the Viamagus Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such the use of the Viamagus Platform in the previous three (3) months. You may use the Viamagus Platform to interact, communicate and/or deliver services to your customers. Further, your customers may have the right to modify and add Content as well. We have no responsibility to your customers or their actions, and shall not be liable for any claims which may arise out of your relationship with your customers. You shall indemnify us against any claims which may out of your interactions with your customers or actions of your customers pursuant to your use of the Viamagus Platform.
Indemnification
You agree to indemnify, defend, and hold harmless Viamagus, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
(a) any Content you submit, post, transmit, or make available through the Viamagus Platform or any other service provided by us;
(b) your use or misuse of the Viamagus Platform;
(c) your connection to and use of the Viamagus Platform;
(d) your breach or alleged breach of these Terms of Service; or
(e) your violation of any rights (including intellectual property rights) of a third party.
Changes to the Viamagus Platform
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Viamagus Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Viamagus Platform.
Amendment of these Terms of Services
We may amend, modify, change, add or remove portions of these Terms of Service at any time without notice to you. The latest Terms of Service will be posted at this URL, and you should review the Terms of Service each time before you use the Viamagus Platform. By your using the Viamagus Platform, you are presumed to have notice of the latest version of the Terms of Service.
Term and Termination
You may terminate your account and end your use of the Viamagus Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to:
(a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Viamagus Platform;
(b) remove and discard any Content within any account or anywhere on the Viamagus Platform; or
(c) shut down an account, with or without notice.
If you terminate your account, we will have no obligation to refund you any fees you may have paid. Upon deactivating your account, these Terms of Service terminate and your access rights to the Viamagus Platform immediately cease to exist. Our rights survive the termination of these Terms of Service.
Governing Law and Dispute Resolution
These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Bangalore, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
General
A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Questions and Suggestions
If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please contact us at: support@viamagus.com
Welcome to the Viamagus Platform (the "Viamagus Platform").
The Viamagus Platform is operated by Viamagus Technologies Private Limited ( “Viamagus" ). The Viamagus Platform is the integrated online platform on which our various cloud-based services are built and published. It caters to a wide range of users from single business owners to consultants to small and medium enterprises. The Viamagus Platform is available as SaaS (Software as a Service), is on the cloud, is always available, and can help your business get online and stay connected! Use of the Viamagus Platform is governed by the following terms and conditions ( “Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by Viamagus (including access to its websites) may be governed by separate terms and conditions. By using the Viamagus Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Viamagus Platform. The terms “we” and “us” refers to Viamagus and its affiliates, and the term “you” refers to you, the user of the Viamagus Platform.
What do we provide on the Viamagus Platform
The Viamagus Platform is designed to unify your business’ entire online presence across functions on one single platform. Our cloud-based services assist you in tasks ranging from creating a web presence to managing your schedules and services online to enabling e-commerce to assisting you in communicating with your clients through social and other channels and more – all while giving you complete power over your content and information. And it all comes together on The Viamagus Platform! We provide these services through the Viamagus Platform and any other related websites, toolbars, widgets, applications or other distribution channels (including application programming interfaces) we may, from time to time, operate. You may use the Viamagus Platform for your personal and business use or for business purpose of the business entity or organisation that you represent.
Acceptance of the Terms
By using the Viamagus Platform, you are agreeing to comply with and be bound by the Terms of Service. Your use of the Viamagus Platform is subject to the Terms of Service, which may be updated from time to time without notice to you. The Terms of Service apply only to your use of the Viamagus Platform. The use of any other product or service offered by Viamagus may be governed by separate terms and conditions. Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Viamagus Platform). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Viamagus Platform, and the services that are provided to you through the Viamagus Platform.
Eligibility
By using the Viamagus Platform, you represent and warrant that
(a) you are fully able, competent and authorised to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service;
(b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information;
(d) have attained the age to legally accept these Terms of Service as per the laws applicable to you and/or at your location, or the age of 18 years, whichever is higher; and
(e) your use of the Viamagus Platform does not violate any applicable law or regulation. Use of the Viamagus Platform is void where prohibited.
You are not eligible to use the Viamagus Platform if you are our competitor, or if you operate a similar business or platform. The Viamagus Platform is available only to genuine users who are accessing it for their business purposes.
Registration and Your Account
You can create an account with us by registering on the Viamagus Platform. The registration of your account on the Viamagus Platform is subject to you satisfying the Terms of Service at all times. If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the Viamagus Platform.
Security and Access of Your Account
You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorised access and/or use of your account, or otherwise. You agree not to use the account, username or password of another user (unless validly authorised) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your account. You agree not to access or use the Viamagus Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Viamagus Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorised access to any parts of the Viamagus Platform or any accounts, computer systems or networks, etc. You agree not to use any robot, spider, scraper or other automated means to access the Viamagus Platform or any other product, service or website operated by us or any other person. We may, at our sole discretion, permit the use of distribution channels such as application programming interfaces for the Viamagus Platform.
Your Content, User Data and Privacy
We are concerned about your privacy and have developed a policy to address privacy concerns. Any personal information collected on the Viamagus Platform may be accessed and stored globally and will be treated in accordance with our Privacy Policy.
Any content you create or store on the Viamagus Platform (collectively, "Content") remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use), transferable and sub-licensable (so that we are able to use our affiliates and sub-contractors such as Internet content delivery networks), and worldwide (because the Internet is global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Viamagus Platform from your customers / visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through the Viamagus Platform. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.
You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service or any applicable law, rule or regulation. We are not under any obligation to keep back-up copies of the Content once your account is deleted. We make no guarantee that Content will be safely stored on the Viamagus Platform. To be safe, you should independently back-up your Content, to the extent permitted herein and by applicable laws, rules and regulations.
The Viamagus Platform may also provide you with the ability to modify any Content. You acknowledge and agree that you are solely responsible for the Content and that any modifications you may make are required to be in accordance with applicable law.
Fees and Subscription Plans
The services on the Viamagus Platform are available on monthly, quarterly and yearly subscription plans ("Paid Services"). We may provide other subscription plans from time to time. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. Subscriptions are non-refundable. We may, at our sole discretion, provide you with a trial period for a whole or a part of the Viamagus Platform. The subscription fee will be charged to you through the payment method selected by you at the time of registration on the Viamagus Platform. If you would like the payment for the renewal to be made through a different method or if you do not wish to renew the subscription, you agree to inform us at least seven (7) days prior to the renewal date. We reserve the right to change the subscription fee and to charge for use of the Viamagus Platform that are provided free of charge or at a discounted rate. The changes shall only apply prospectively to the Paid Services you've purchased.
For information on the subscription options and charges for all Paid Services, please contact support@viamagus.com.
Subscription to Beta Services
We may offer certain services on the Viamagus Platform as closed or open beta services ("Beta Services") during the testing and evaluation period. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. You will be under no obligation to acquire a subscription to use any Paid Services (defined below) as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. We also reserve the right to make the Beta Services available for a subscription fee (which may or may not be lower than the subscription fee payable for Paid Services).
Payments
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. Your use of the Viamagus Platform and/or the Paid Services we provide you pursuant to our arrangement may be subject to taxes, duties and fees payable in India and/or your location. You shall be solely responsible for payment of all such taxes, duties and fees and the subscription fees provided by us are exclusive of any taxes, duties and fees. In certain cases, we may have the obligation to pay taxes, duties and fees arising out of our arrangement and such taxes, duties and fees shall be charged to you in addition to any payments you make for the Paid Services. You authorise us to charge you for the Paid Services according to the payment method specified at the time of subscription and retain any information we need to charge you as per the preferred payment method. If the payment method specified by you fails or your account is past due, then
(a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
(b) we may collect fees owed using other collection mechanisms, if it remains unpaid; and
(c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account.
You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Refunds
We generally do not refund any amounts received from your for the Paid Services or any other services delivered through the Viamagus Platform. However, in cases or erroneous transactions and other similar exceptional cases, you can write to us at support@viamagus.com with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.
Prohibited Activities
You agree not to use the Viamagus Platform for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. You agree to indemnify us for any liability on us which may arise due to your misuse of the Viamagus Platform.
Despite these prohibitions, content communicated by other users of the Viamagus Platform may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates the Terms of Service, any applicable law, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
Inactive Accounts Policy
We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [60] days. In the event of such termination, all data associated with such account may be deleted. We will provide you prior notice of such termination by email.
Monitoring
We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.
Service Communication
We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail or important notices pertaining to our arrangement. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Viamagus Platform, or our offers.
Third Party Links and Interaction
Additionally, we may provide hyperlinks though the Viamagus Platform, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Viamagus Platform. You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Viamagus Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms of Service.
Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Viamagus Platform and that you will indemnify us for any claims which may arise on us in this regard.
We have invested substantial time and effort into developing the Viamagus Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Viamagus Platform. You agree that any infringement of these restrictions will cause us irrepairable loss.
Disclaimer of Warranties
We do not warrant that:
(a) the Viamagus Platform will meet your specific requirements;
(b) the services on the Viamagus Platform will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Viamagus Platform will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Viamagus Platform will meet your expectations; and
(e) any errors on the Viamagus Platform will be corrected.
Limitation of Liability
You expressly understand and agree that Viamagus, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Hercule Platform;
(b) the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Viamagus Platform;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the Viamagus Platform;
(e) or any other matter relating to the Viamagus Platform.
Your sole and exclusive remedy for any dispute regarding the Viamagus Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such the use of the Viamagus Platform in the previous three (3) months. You may use the Viamagus Platform to interact, communicate and/or deliver services to your customers. Further, your customers may have the right to modify and add Content as well. We have no responsibility to your customers or their actions, and shall not be liable for any claims which may arise out of your relationship with your customers. You shall indemnify us against any claims which may out of your interactions with your customers or actions of your customers pursuant to your use of the Viamagus Platform.
Indemnification
You agree to indemnify, defend, and hold harmless Viamagus, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
(a) any Content you submit, post, transmit, or make available through the Viamagus Platform or any other service provided by us;
(b) your use or misuse of the Viamagus Platform;
(c) your connection to and use of the Viamagus Platform;
(d) your breach or alleged breach of these Terms of Service; or
(e) your violation of any rights (including intellectual property rights) of a third party.
Changes to the Viamagus Platform
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Viamagus Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Viamagus Platform.
Amendment of these Terms of Services
We may amend, modify, change, add or remove portions of these Terms of Service at any time without notice to you. The latest Terms of Service will be posted at this URL, and you should review the Terms of Service each time before you use the Viamagus Platform. By your using the Viamagus Platform, you are presumed to have notice of the latest version of the Terms of Service.
Term and Termination
You may terminate your account and end your use of the Viamagus Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to:
(a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Viamagus Platform;
(b) remove and discard any Content within any account or anywhere on the Viamagus Platform; or
(c) shut down an account, with or without notice.
If you terminate your account, we will have no obligation to refund you any fees you may have paid. Upon deactivating your account, these Terms of Service terminate and your access rights to the Viamagus Platform immediately cease to exist. Our rights survive the termination of these Terms of Service.
Governing Law and Dispute Resolution
These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Bangalore, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
General
A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Questions and Suggestions
If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please contact us at: support@viamagus.com
