TERMS & CONDITIONS

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Vcana Global Pvt. Ltd./Vcana Global, Inc. (Vcana), headquartered in India with its off-shore office in Delaware, USA, and you, and is made effective as of the date of your use of this Website (“Site/Platform”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including Privacy Policy and the applicable product agreements, which are incorporated herein by reference:

The terms “we”, “us” or “our” shall refer to Vcana. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. May, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or another applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Vcana shall not be liable for any loss or damage resulting from user’s reliance on any instruction, notice, document or communication reasonably believed by to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Vcana reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

3. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Vcana. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.

4. GENERAL RULES OF CONDUCT

1. Your use of this Site and the Services (includes website hosting), including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

3. You will not use this Site or the Services in a manner (as determined by in its sole and absolute discretion) that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding our Services.

4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Vcana.

5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

6. You will not access Content (as defined below) or User Content through any technology or means other than through this Site itself, or as may designate.

7. You agree to back-up all of your User Content so that you can access and use it when needed. Vcana does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

8. You will not re-sell or provide the Services for a commercial purpose, including any of Vcana’s related technologies, without Vcana’s express prior written consent.

9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

10. You are aware that Vcana may from time-to-time email or call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which is a party. Vcana reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

5. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Vcana generally, does not pre-screen User Content (whether posted to a website hosted by or posted to this Site). However, reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Vcana may remove any item of User Content (whether posted to a website hosted by or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Vcana in its sole and absolute discretion), at any time and without prior notice. May also terminate a User's access to this Site or the Services found at this Site if has reason to believe the User is a repeat offender. If Vcana terminates your access to this Site or the Services found at this Site, may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. ADDITIONAL RESERVATION OF RIGHTS

Vcana expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Vcana in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Vcana in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Vcana, its officers, directors, employees and agents, as well as Vcana’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Vcana.

Vcana expressly reserves the right to terminate, without notice to you, any and all Services where, in Vcana’s sole discretion, you are harassing or threatening Vcana and/or any of Vcana’s employees.

Vcana expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or phone. Vcana shall not be liable for any loss or damage resulting from such actions.

7. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  • Email Messages
  • Newsgroup postings
  • Windows system messages
  • Pop-up messages (aka “adware” or “spyware” messages)
  • Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  • Online chat room advertisements
  • Guestbook or Website Forum postings
  • Facsimile Solicitations
  • Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email admin@vcanaglobal.com

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

8. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Vcana. Vcana assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Vcana does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Vcana from any and all liability arising from your use of any third-party website. Accordingly, Vcana encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. Vcana, its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Vcana, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Vcana assumes no liability or responsibility for the same.

in addition, you specifically acknowledge and agree that no oral or written information or advice provided by Vcana, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third-party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law of the land, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

10. LIMITATION OF LIABILITY

In no event shall Vcana, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not vcana is advised of the possibility of such damages.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Vcana’s total aggregate liability exceed $3,000.00 U.S. Dollars.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

11. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Vcana and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Vcana directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

12. DISCONTINUED SERVICES; END OF LIFE POLICY

Vcana reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Vcana makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will remain of Vcana’s Platform shall no longer be supported by Vcana, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Vcana will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Vcana in its sole and absolute discretion. Vcana may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No liability. Vcana will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the services we may offer or facilitate access to.

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

If you are using Vcana’s Services/hosting Platform, we will automatically charge your costs to your registered card within our Payment Platform for the renewal of the said services in order to ensure that your Services keep running.

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Vcana expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained any development Services from Vcana and leave the project mid-way without further notice or update, Vcana in full faith keeps your data safe on its hosting platform for a min of 30 (thirty) days. In such an event, post 30 (thirty) days if we do not hear back from you to stop the project and delete the data or you would like to continue with the project, you are liable to pay Vcana’s fee of $500 US Dollars as a website maintenance and hosting server upkeep fee for 90 (ninety) days. Post 90 (ninety) days, Vcana will again make full efforts to get in touch with you and if we do not hear back even after 3 attempts, Vcana hold full right to remove all the content from the server without further notice. It is your responsibility to take all necessary steps and keep the project alive till completion. Once the data is removed from the server, Vcana will not be in a position to restore the same. If you decide to continue with the project again after the removal of the same from the server, you will need to pay the full project cost up-front.

If you have purchased or obtained any product or service for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal as further described below except as prohibited in any product-specific agreement, you may pay for services by utilizing any of the following “payment methods”: (i) by providing a valid credit card, (ii) by using paypal (as defined below). Confirmation of that order will be sent to the email address on file for your account. Your payment method on file must be kept valid if you have any active services in your account. You acknowledge and agree that where refunds are issued to your payment method, Vcana’s issuance of a refund receipt is only confirmation that Vcana has submitted your refund to the payment method charged at the time of the original sale, and that Vcana has absolutely no control over when the refund will be applied towards your payment method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your payment method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your payment method and the payment provider, payment processor or individual issuing bank associated with your payment method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Vcana, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Vcana also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the payment method. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period.

refund policy: for products and services eligible for a refund, you may request a full refund within 10 (ten) days of purchase (“refund period”) for refunds requested after the refund period, a discount coupon will be issued for any unused time remaining on your plan or work on services. Unused time will be calculated as the number of hours/days/months remaining on the purchase term excluding the month in which the refund is requested. In no event will you be eligible for more than one refund of the same product.

(B) PAY BY PAYPAL

By using Vcana’s PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your paypal account and paypal funding source current and funded, and your paypal account backed by a valid credit card. you acknowledge and agree that (i) paypal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your paypal account or paypal funding source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither paypal nor Vcana shall be liable to you or any third party regarding the same. If for any reason paypal is unable to withdraw the full amount owed for your purchase, you agree that paypal and Vcana may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your paypal account or paypal funding source.

By clicking the box labelled “i agree” to the terms of the paypal payment option, you authorize a debit of the full amount of your purchase from your paypal account or paypal funding source.

13. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

14. NO THIRD-PARTY BENEFICIARIES

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

15. COMPLIANCE WITH LOCAL LAWS

Vcana makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

16. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

This Agreement shall be governed by and construed in accordance with the law of India. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

17. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

18. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Vcana Global Pvt. Ltd. C196/A, Times Square, Phase 8B Ind. Area, SAS Nagar, Mohali PB compliance@vcanaglobal.com