1.1 These Terms explain how You may use the Contaact Card (the "Service") accessible via the website https://contaactcard.com (the “Website”). These Terms also cover Your use of the Website. For the purpose of these Terms, where We use the term ‘Service,’ this includes the use of the Website.
1.2 You should read these Terms carefully before using the Service.
1.3 By ticking the consent box as part of the account registration process and indicating Your consent to these Terms, You hereby agree to be bound by these Terms and the documents referred to in them. You hereby agree that these Terms have been executed electronically and that the electronic execution of these Terms is the same as handwritten signatures for the purposes of validity, enforceability, and admissibility under applicable law.
1.4 Definitions
means information (whether or not recorded in documentary form or stored on any magnetic or optical disk or memory) relating to the business, products, affairs and finances of Contaact Card and information provided to You in relation to, or for the purposes of providing, the Service including, without limitation, Personal Data, technical data and know how, trade secrets, intellectual property rights, computer software, computational methodologies and decisional analysis, facilities, costs, operations and maintenance procedures, strategic, tactical and negotiating information, information supporting litigation or administrative proceedings, client lists and databases and other financial, technical or commercial information relating to Contaact Card, Our affiliates, suppliers and/or Licensors;
means: (a) any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a party is subject; and (b) any code of practice or guidance published by applicable regulatory authority from time to time;
means any document (or part thereof) in the formats set out on the Website (such formats including Docx, jpeg, mp4 and mp3) and uploaded by You on the Service;
has the meaning given to such term in clause 4.1;
means rights such as: copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind whether they are registered or unregistered (anywhere in the world);
means the Know-Your-Customer checks to be conducted on You and any Recipients;
means the owner of the proprietary rights and interest in and to any software which We have a licence to use and/or integrate with the Service
means elint AI;
has the definition given to such term in the Privacy Policy;
means the policy, which governs how We process any Personal Data collected from You and processed by Us in relation to the Service;
means the person(s) identified by You via the Service who will be eligible to receive the Documents;
has the meaning set out at the top of these Terms and Conditions.
has the meaning given to such term in clause 18.
means these Terms and Conditions of use and Service as updated from time to time under clause 20; and
means the person who has created an account to use the Service.
2.1 To use the Service for a prolonged period of time, You will be required to register and create an account. To register and create an account, You will need to undertake the following steps on the Website:
2.1.1 complete the registration details;
2.1.2 complete the e-mail ID verification process.
2.2 You hereby acknowledge and agree that only once You have completed all the above listed steps and paid Your Fees will You be able to use the Service. We may, at Our sole discretion and without explanation, cancel or suspend the account creation process.
2.3 You hereby warrant, represent, and undertake that the information provided as part of the account creation process is true and accurate in all respects.
3.1 You agree that You are solely responsible for:
3.1.1 all images and information uploaded on the Service and ensuring that all such information are complete, accurate, and are adhering to all applicable laws.
3.1.2 all costs and expenses You may incur (including Fees) in relation to Your use of the Service;
3.1.3 all aspects of account security, as more particularly described in clause 10;
3.1.4 ensuring that You have taken all reasonable and necessary precautions to protect Your computer systems and the Service from harmful and/or destructive content, such as viruses, worms and trojan horses;
3.1.5 keeping Your password(s) and other account details secure and confidential; and
3.1.6 ensuring that Your use of the Service from any location follows all applicable local laws.
3.2 You hereby warrant, represent, and undertake that You are the owner of, and/or have all rights, consents, permissions, approvals, and authorisations to upload the Documents and any other information to the Service.
3.3 We reserve the right, at our sole discretion, to:
3.3.1 make any modifications to the Service at any time;
3.3.2 delete any information uploaded by You to the Service and/or return them to You;
3.3.3 amend the Fees chargeable for use of the Service (if any); and
3.3.4 change, suspend or discontinue all or any aspect of the Service, at any time without prior notice or liability.
3.4 We seek to make the Service as accessible as reasonably possible. If You have any difficulties using the Service, please contact Us : support@contaactcard.com
4.1 At the time of account creation, You will be asked to pay the Fees for Your use of the Service. The Fees are payable through multiple payment methods. We process payments via a third-party secure payment processing service. The Fees are non-refundable and are exclusive of any taxes, including value added taxes, or other charges which shall be separately chargeable in addition to the Fees.
4.2 By paying the Fees, You warrant, represent and undertake that all payment information You provide to Us is true and correct (including, without limitation, Your card payment information and name), that any card transactions submitted by You are authorised, and that You are the legal holder of any card used to pay the Fees. If, in Our sole discretion, We determine that: (i) Your means of payment are not valid; (ii) a transaction is not authorised; (iii) Your means of payment cannot be processed or verified at the time of any charge; or (iv) a charge is disputed for any reason, We reserve the right to immediately terminate any pending transactions, suspend Your access to the Service, and/or terminate all of Our obligations hereunder.
4.3 By paying the Fees, You consent to receiving email communications from Us regarding Your transaction, including purchase receipts, notices, or transactional messages. You agree that all agreements, notices, disclosures, and other email communications that We provide to You electronically satisfy any legal requirement that such communications be in writing, and that You may retain copies of these communications for Your record keeping purposes. Further, You acknowledge and agree that all purchase receipts and purchase-related communications will be provided electronically only, and paper copies of receipts will not be provided.
5.1 By using the Service, We may contact You during the Term to provide You with information about the Service, including new features and functionality. We may also send You marketing communications about the Service.
5.2 You may unsubscribe from any marketing communications at any time in accordance with the procedure set out in our Privacy Policy.
6.1 You are only permitted to use the Service for Your own internal purposes, for the Service’s intended purpose, and in accordance with the Service’s intended functionality. All other use without Our prior written consent is prohibited, including without limitation:
6.1.1 using the Service for any purpose relating to the design, programming, implementation, or operation of any alternative or competing product or service, whether used for internal purposes or made available to others;
6.1.2 making the Service available to any other person or incorporating the Service into any other service or website operated by You or by any other person;
6.1.3 using the Service to provide similar functionality or services to any other person.
6.2 You must not use the Service in violation of any applicable law or regulation and You should always carefully consider what You are planning to upload on the Service.
7.1 The Service, and all related Intellectual Property Rights including but not limited to any Website content, are owned by Us, our Licensors or both (as applicable). We, and Our Licensors, reserve all Intellectual Property Rights in connection with the Service. This means, for example, that We and Our Licensors remain owners of all such Intellectual Property Rights and are free to use them as We and they see fit.
7.2 Nothing in these Terms grants You any legal rights in/to the Service other than as necessary to enable You to access and use the Service. You hereby agree not to circumvent or delete any notices contained on the Service (including any Intellectual Property Rights notices) and in any digital rights or other security technology embedded or contained within the Service.
8.1 Software may be made available for You to download to help the Service work better or to assist You in Your use of the Service. You may only use such software if You agree to be bound by the terms and conditions that apply to such software. You will be made aware of any terms and conditions that apply to the software when You try to download it. If You do not accept such terms and conditions, You will not be allowed to download the software, and this may affect Your use of the Service. You should read any terms and conditions carefully to protect Your own interests (they may contain provisions that set out what Your legal rights are, what Your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to You).
8.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
9.1 We will provide You with Service support to assist You with using the Service. Service support will be accessible via, and on the terms set out on, the Website.
10.1 You are responsible for maintaining the security of Your account, Your password and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account and Your use of the Service.
10.3 You must immediately notify Us of any unauthorised use of Your account, including any unauthorised use of Your username and password or any other breaches of security by emailing support@contaactcard.com. You will provide Us with all reasonable assistance to document, investigate and mitigate the effects of any unauthorised use of Your account or other breaches of security.
11.1 While We try to make sure that the information on the Service is accurate and up-to-date and the Service is free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Service will always be fit or suitable for any purpose. In particular, We do not guarantee the suitability of the Service for Your requirements.
11.2 While We try to make sure that the Service is available for Your use, We do not promise that the Service is always available, nor do We promise the uninterrupted use by You of the Service.
The Service may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that We endorse that third party's website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
13.1 The service is provided to you on an “as is” basis, without warranty of any kind. To the maximum extent permitted by applicable law, we hereby disclaim all warranties, express, implied, statutory, or otherwise, including, without limitation, implied warranties of fitness for a particular purpose, marketability, title, quality, and non-infringement. We expressly disclaim any warranties of any kind with respect to the accuracy or functionality of the service, or the accuracy, validity, or completeness of any information available through the service.
13.2 In no event shall we, our processors, suppliers, or licensors (or our or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of, the service (including, without limitation, any failure to provide documents to recipients in accordance with these terms). Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the service. These limitations of liability apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law.
13.3 Subject to clauses 13.1 and 13.2 above, our maximum aggregate liability under or in connection with these Terms and Our provision of the Service (including, without limitation, as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to a sum equal to the total Fees paid by You for Your use of the Service.
14.1 You hereby agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to: (a) Your use of this Service; or (b) Your breach of these Terms or any other terms referenced herein or (c) Your breach of any applicable laws or Your violation of the rights of a third party.
14.2 For the purposes of these Terms, “Indemnified Parties” means Us, Our affiliates, Our suppliers and Our Licensors, and their respective officers, directors, owners, agents, employees, contractors, information providers and copyright owners.
We shall have no liability to You for any breach of these Terms caused by any event or circumstance beyond Our reasonable control including, but not limited to strikes, lockdowns, or other industrial disputes; breakdown of systems or network access; pandemic or epidemic; or flood, fire, explosion, or accident.
16.1 To the extent that You receive any Confidential Information from Us pursuant to these Terms or otherwise through Your use of the Services: (i) You agree to protect the Confidential Information from unauthorised dissemination and use, using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care; (ii) You will not use the Confidential Information for purposes other than those necessary for Your use of the Services; and (iii) except as expressly permitted under these Terms, You will not disclose to any third party Our Confidential Information without Our prior written consent.
17.1 To the extent that any information provided to Us by You in relation to the Service (including any information contained in any Document) constitutes Personal Data within the meaning of the Data Protection Laws, We agree to process such Personal Data in accordance with our Privacy Policy or as otherwise agreed with You, and otherwise to comply with the Data Protection Laws as regards to such Personal Data.
17.2 You hereby acknowledge and agree and that You have reviewed our Privacy Policy which sets out how We will process Your Personal Data as part of the Service.
18.1 Subject to Your payment of the Fees, and Your compliance with these Terms, You will be able to use the Service commencing on the date of Our payment receipt confirming that the Fees have been successfully paid, unless Your use of the Service is otherwise terminated earlier in accordance with these Terms (the “Term”).
18.2 We may, at any time and at Our sole discretion, terminate Your account and/or restrict, suspend, or terminate Your access to all or any part of the Service for any reason without prior notice or liability. Notwithstanding such termination or suspension, You will continue to be subject to these Terms. We shall not be liable to You or to any third-party for any modification, termination, suspension, or discontinuation of the Service.
18.3 If You wish to terminate Your account, You must notify Us via the Service and then exit the Service. Prior to exiting the Service, where applicable, You will be provided with the option to download any freshly created and yet to be downloaded cards with the Service.
18.4 Subject to clause 18.3 above, and following termination of Your account, for any reason, or the expiry of the Term, whichever is earlier, We will delete all Your information, including information input to create an account with the Service. Your information cannot be recovered once deleted.
No one other than a party to these Terms has any right to enforce any of these Terms.
This version of the Terms is dated 14 July 2023. No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.
21.1 We shall apply the Terms in our absolute discretion. In the event of Your breach of these Terms, any terms, or policies to which they refer or any applicable law, We reserve the right to terminate or suspend Your use of the Service and/or take any action We consider necessary to remedy the breach.
21.2 A decision to terminate or suspend Your use of the Service under clause 21.1 above can be appealed by following the procedure set out in clause 22 below.
21.3 No refunds of any sums paid to Us will be made if use of the Service is terminated or suspended under clause 21.1 above.
22.1 We will try to resolve any disputes with You quickly and efficiently using Our complaints handling procedure.
22.2 If You and We cannot resolve a dispute using Our complaint handling procedure, We will:
22.2.1 let You know that We cannot settle the dispute with You; and
22.2.2 give You certain information required by law about how to seek recourse to further the dispute should You wish to do so
22.3 Please note that these Terms, their subject matter and formation, are governed by the laws of India. You hereby agree that the courts in India will have exclusive jurisdiction relating to any dispute about these Terms, their subject matter, and formation.