IMPORTANT: BY ACCESSING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT - YOU SHOULD NOT ACCESS THE WEBSITE FROM YOUR MOBILE DEVICE (AS DEFINED BELOW) , IF APPLICABLE.
1. Using the MECARD
Once you have become an Online Card Owner, You will be able to view your Online Card on the Website, Claim, modify and delete any of the contact information which appears about You thereunder. Including, inter alia, Your name, company, job title, phone numbers, email address, social media profiles, picture, and company's logo ("Contact Details"). If you encounter any difficulties with Claiming, modifying or deleting any of your Contact Details, please send Us an email to: email@example.com.
2. If the Online Card was created by an Online Card Owner other than Yourself, You will be sent an email by the applicable Online Card Owner through website, inviting You to visit Our Website and review your Online Card and Claim it. We rely solely on such Online Card Owner representations and warranties that she/he received Your explicit permission to create Your Online Card. If You do not want to have the Online Card on Our Website and/or any of Your Contact Details modified/removed, You may simply do so by visiting Your Online Card on the Webstie or otherwise sending Us an email to the email address above. We will only share Your Contact Details with Online Card Owners who represent and warrant to Us that they have received Your explicit permission. If You suspect that Your Online Card has been shared with another Online Card Owner who was not permitted by You, please notify Us immediately at the email address mentioned above.
2.1. You understand and agree that You are solely responsible for any Paper Card scanned by You via website and the consequences of scanning or otherwise using the Contact Details which appear thereunder. You represent and warrant that You have (and will continue to have during Your use of the website) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement, and/or otherwise to use the Contact Details in the manner contemplated by this Agreement. You agree that You will not scan any Paper Card which You are unauthorized to possess, scan or upload any of the Contact Details which appear thereunder in the country in which You are resident, or of which use by the Company in connection with this Agreement is not explicitly authorized by the applicable individuals to whom Contact Details belong. The Company explicitly reserves the right, but not the obligation, to remove any Contact Details without prior notice, at its sole discretion. In addition, Company may remove the Contact Details upon any request by an Online Card Owner.
2.2. You hereby further undertake not to interfere with or violate other individuals' rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without their express consent.
3. Representations and Warranties
As a condition to Your use of the Website, You hereby represent and warrant that:
3.1. You are at least 18 years of age and possess the legal authority to enter into this Agreement, to use the Website in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder;
3.2. You are financially responsible for Your use of this Website;
3.4. Your use of the Website has not been previously suspended, nor Your access to the Website has been previously blocked by Us.
4. Use Restrictions
4.1. While using Our Website, there are certain types of behaviors that are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of your use of the Website and may expose You to civil and/or criminal liability.
4.2. You may not, whether by Yourself or anyone on Your behalf:
4.2.1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Website, including but not limited to, other users' Contact Details;
4.2.2. create a browser, frame, border environment or GUI around the Website;
4.2.3. interfere with or disrupt the operation of the Website, or the servers or networks or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
4.2.4. publish or make use in any way any information about users of the Website including,inter alia, any Contact Details, without their expressed consent.
4.2.5. impersonate any person or entity or provide false or misleading Contact Details and/or other personal information;
4.2.6. transmit or otherwise make available through or in connection with any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
4.2.7. use the Website or other Contact Information for any illegal, unlawful or unauthorized purposes;
4.2.8. use the Website for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.
4.2.9. use the Website and/or Contact Details for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users.
5. Intellectual Property Rights
5.1. The Website, including without limitation, the proprietary algorithms and methods, inventions, patents, and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Haystack Intellectual Property"), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
The Online Cards
5.2. Any Contact Details, including, inter alia, the companies' logos and trademarks and the Online Card Owners' photos, shall remain vested with their applicable owners, and the use of the Website as pursuant to this Agreement, does not, by itself, transfer the ownership of intellectual property rights to the Company, but rather grants the Company with an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display and make available to other Online Card Owners any of the Contact Details.
6. Account and Security
6.2. You are solely and fully responsible for all activities that occur in Your User Account or under Your name as a User. We cannot and will not be liable for any loss or damage arising from (i) Your failure to comply with this Agreement; (ii) any breach of security; (iii) any activity under Your User's Account conducted by others on Your behalf and/or under Your supervision, whether or not Company was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of Company or others due to any such use.
6.3. If You would like to close Your User Account and discontinue, You should contact Our support services staff at firstname.lastname@example.org. We will assist You in closing Your User Account as long as You are acting in good faith and are committed to meet any of Your pending obligations.
"MECARD", Our product logo and other commercial identifiers are all trademarks and/or trade names of Ours or of Our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.
8. Limitation of Liability
THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR INFORMATION TRANSLATED THROUGH THE OCR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE E SMART DIGITAL CARD ON YOUR RESPECTIVE MOBILE DEVICE, THE USE OF THE WEBSITE , YOUR RELIANCE ON THE INFORMATION PROVIDED THROUGH THE WEBSITE , REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Us, Our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the eSamrt Digital Card. This defence and indemnification obligation will survive this Agreement.
10. Copyright Agent
We respect the intellectual property rights of others, if You believe that any content displayed through the Website is infringing Your rights, including, but not limited to circumstances leading You to believe that content relating to any of Your Contact Details have been copied in a way that constitutes copyright infringement, please provide the following information in writing to Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that You claim has been infringed; (iii) A description of the material that You claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Haystack to locate the material; (iv) Information so that We can contact You, such as address, telephone number and e-mail address; (v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Copyright Agent can be reached at the following address: email@example.com.
11.1. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
11.2. Any claim relating to the website or its use thereof will be governed by and interpreted in accordance with the laws of the India without reference to its conflict-of-laws principles.
11.3. Any dispute arising out of or related to your use of the Website and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the India. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
11.4. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
11.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
11.6. This Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and the Company.
If You feel that any of Your personal rights has been compromised by the Service, please contact Us at: firstname.lastname@example.org and We will exert Our best efforts to address Your complaint.
13. Refund Policy
Once purchached the Card, amount shall not be refundable.
Given the nature of work on customized design of the card, once approved by the Client, it shall be sole discretion of the Company to refund or credit back the amount received from the Client, subject to adjustment and set off of the expenses met and expenses incurred therein by the Company. Once the programming is done on approved card, the Company in no case shall be liable to refund any amount to the Client.
For information or questions contact:
Digital Business Technology Private Limited.
Latest update: 01.03.2020