MECARD, is one of the product of Digital Business Technology Private Limited, herewith putting Terms of Use to End User, as may be amended from time to time, it constitutes a legal agreement between you and company, either through an individual or a legal entity ("You", "Your", "Yourself" or "Legal User") and Digital Business Technology Private Limited, ("Company") having its registered office at 310, Atlanata Estate, Near Virwani Industrial Estate, Opposite Oberai Mall, Goregaon -East , Mumbai-400063, Maharashtra, India ("We", "Us", or "Company"), having website at www.mecard.me ("Website") and any related services.
These terms and conditions outline the rules and regulations for the use of Digital Business Technology Private Limited Website, located at [Your Website URL].
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 application to create your Digital Card:
Once you have become an Digital Card Owner, You will be able to view your Digital Card Link on the Computer, Mobile, Tablet, or any other digital platform, you can 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") any other information which is used to create your digital card. If you encounter any difficulties with Claiming, modifying or deleting any of your Contact Details, please send Us an email to: contact@dbtpl.com.
2. Using the MECARD scanner to scan the paper visiting card:
2. If the Digital Card was created by an Digital Card Owner other than Yourself, You will be sent an email by the applicable Digital Card Owner through website, inviting You to visit Our Website and review your Digital Card and Claim it. We rely solely on such Digital Card Owner representations and warranties that he/she received Your explicit permission to create Your Digital Card. If you do not want to have the Digital Card on Our Website and/or any of Your Contact Details modified/removed, You may simply do so by sending Us an email to the email address above. If You suspect that Your Digital Card has been shared with another Digital 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 our MECARD APP 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 Digital 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;
3.3. the execution of this Agreement does not and will not violate any other agreement to which You are bound, including, without limitation, any terms of use of any applicable social media platform;
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
The Website
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.
6. Account and Security
6.1. In order to become a user, You must first provide us with your email address and password. The details You voluntarily provide us with shall be kept in confidence, and in accordance with our Privacy Policy.
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 contact@dbtpl.com. 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.
7. Trademarks
"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 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.
9. Indemnification
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 MECARD. 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: contact@dbtpl.com.
11. General
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.
12. Complaints
If You feel that any of Your personal rights has been compromised by the Service, please contact Us at: contact@dbtpl.com and We will exert Our best efforts to address Your complaint.
13. Refund Policy
For Individual..
Once purchased the Card, amount shall not be refundable.
For Corporate.
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.
14. General
These Terms of Service represent the complete agreement between you and MeCard, governing your use of the Service, and supersedes any previous agreements between you and MeCard regarding the Service. You may also be subject to additional terms and conditions when using affiliate or third-party services, third-party content, or third-party software. The Terms of Service will be governed by the laws of the State of India, irrespective of its conflict of law provisions. In cases of disputes or claims not subject to arbitration, you and MeCard consent to the personal and exclusive jurisdiction of the state and local courts located within Mumbai, Maharashtra.
Failure by MeCard to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Service invalid, the parties agree that the court should strive to uphold the parties' intentions as reflected in the provision. The other provisions of these Terms of Service will remain in full force and effect.
You agree that, notwithstanding any statute or law to the contrary, any claim or cause of action arising from the use of the Service or these Terms of Service must be filed within one (1) year after the claim or cause of action arises, or it will be barred forever. A printed version of this agreement and any notice provided in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms of Service without prior written consent from MeCard, but MeCard may assign, sublicense, or transfer any or all of its rights and obligations under these Terms of Service without restriction. The section titles in these Terms of Service are for convenience only and do not have any legal or contractual effect.
Notices to you may be delivered via email or regular mail. The Service may also provide notices to you about changes to these Terms of Service or other matters by displaying notices or links to notices on the Service generally.
For information or questions contact:
Digital Business Technology Private Limited.
Email: contact@dbtpl.com
Latest update: 29.10.2023