Veriscript

Terms and Conditions

Last updated:

Jan 29th, 2020

Welcome to the Web site of “ Name of the company”, an Indian entity, (" Veriscript Pvt. Ltd", Veriscript "we," or "us"), User using this Website (the "Site") and the services made available on the Site is subject to these Terms of Use (these "Terms"). Veriscript provides the user on-demand electronic signature services, contract generation services as updated from time to time, which includes online uploads, display, delivery, acknowledgment, electronic signature, and limited storage services for eContracts using the blockchain technology (the "Services"). By using any of our Services, user agrees to be bound by, and use our Services in compliance with, these Terms of Use.

In these Terms, references to “User” , “you” shall mean the end-user accessing the Website, its contents and using the Services offered through the Website.

“Service Providers” mean independent third party service providers

This document is published by virtue of a legal requirement under the provisions of the Information Technology Act, 2000, that require ‘intermediareis’ to publish the rules and regulations, privacy policy and terms for access or usage of our Website, and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is user’s responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. User agrees that continued use of our Services after such changes have been published to our Services will constitute as acceptance of such revised Terms.

A. LIMITATIONS ON USE:

1. Indian Law requires an user to be of the age of 18 to enter into a lawful contract. Hence, by registering to use this website, user represent that he/she is competent to enter a contract as per the laws of India, and in particular, the provisions of Indian Contract Act, 1872.

2. In case a user is entering into a Contract on behalf of the Organization, the user represents that he is authorized to act on behalf of the Organization.

3. In the event, the user is accessing the website to digitally sign the documents using his mobile number for verification, the user should ensure that the User is in physical possession of the Registered Mobile Number. It is to be noted that the possession of the Registered Mobile Number is mandatory in order to get the One Time Password which is required to register on the platform as well as digitally sign the document.

4. User is solely responsible for any Content and other material that is submitted, published, transmitted, or displayed on, through, or with our Services.

5. User will not use our Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that user do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) "stalk" or otherwise harass another; (xi) collect or store personal data about other users or, (xii) or for any other act which is not defined herein but still constitutes a violation of the Indian Information Technology Act, 2000 or any other law valid in India.

6. Other than viewing, signing, retrieving, or exercising other rights user may have to share the an e-Contract provided to user by Veriscript, with another user through the Services provided herein, and except as may be expressly permitted by applicable law or as Veriscript may authorize expressly in writing, user will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense access to our Services to another person; (iv) use any Services or Service Content for any purpose except for user’s own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.

B. USER ACCOUNT SECURITY:

1. User will not share their password, let anyone else access their account, or do anything else that might jeopardize the security of his/her account. We reserve the right to remove any Content from our Site and/or Services, and/or disclose Content or other information relating to user (1) if required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us or this web site; (2) to protect and defend the rights or property of Veriscript; or (3) to act in urgent circumstances to protect the security or safety of any users of the Services or Site, or the public.

2. User agrees to (a) immediately notify Veriscript of any unauthorized use of user password or account or any other breach of security, and (b) ensure that user exits from the account at the end of each session. We cannot and will not be liable for any loss or damage arising from user failure to comply with this Section. For viewing the public content on the website, user might not require login details, ID or password, in those cases, user would still be bound by these terms and conditions.

3. Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). If users are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of the password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. User agrees that he/she are entirely responsible for any and all activities that occur under user account, whether or not user are the individual who undertakes such activities. User agrees to immediately notify us of any unauthorized use of the account or any other breach of security in relation to password or our Services that is known to user.

C. SERVICES PROVIDED:

Veriscript has developed a technology platform, and built a software application that integrates eSign API as per the eSign API Specifications issued by the Controller Certifying Authorities.
The users can use Veriscript platform to upload documents in PDF format and apply electronic signature by authenticating themselves through OTP using their registered mobile number, and also to create documents on our platform which gets converted to pdf while submitting for signing.
The users in consideration of the Payment made by them as set out in the pricing page on Veriscript platform and subject to the terms and conditions as laid down in the present page, may have access to and use eSign on a non-exclusive, non-assignable and non-transferable basis.
That the users agree to be bound by the terms and conditions of the ESP (Electronic Signature Provider (also referred to as C-DAC) for the use of the website and eSign facility.

D. LICENSE TO USE OUR SERVICES

Subject to these Terms, we grant to user a limited, personal, non-exclusive, non-transferable license to use our Services for personal use and not for resale or further distribution. User’s right to use our Services is limited by all terms and conditions set forth in these Terms. Except for user’s pre-existing rights and this license granted to user, we retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including Indian copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, user will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us.

E. CANCELING USER ACCOUNT:

Users Account will continue in effect unless and until user cancels his Account or we terminate it.
Accounts are prepaid and are non-refundable. Veriscript does not provide refunds or credits for any partial months or years. For further details on this refer to our Pricing and Refund policy.

User may cancel their account at anytime, and cancellation will be effective immediately but user will retain access to the features that came with the Account through the remainder of the period already paid or a span of 1 month, until the entire data is deleted and shall not be stored by Veriscript in any format whatsoever. The data stored on blockchain cannot be deleted. We can delete user’s private key while deleting an user’s account which will make sure the data stored on blockchain can never be decrypted again.

If user wish to cancel their Account user may do so via their "Account Settings > Disable my Account " button.[4] Should user elect to cancel their account, please note that user will not be issued a refund for the most recently (or any previously) charged monthly fees.

By signing up for a Veriscript Account and providing us with your payment account information, user hereby agrees to these payment terms and conditions. In case, Veriscript decides to use any third party services for payment, the terms and conditions of the payment portal shall apply to the user. Please find the terms of such 3rd party payment platform here. https://razorpay.com/terms/

E. OWNERSHIP OF USER CONTENT:

User shall retain the ownership of all intellectual property rights in any content submitted by user in the course of using the Services ("Content"). Veriscript does not claim ownership over any of the user’s content. These Terms do not grant us any licenses or rights to the user content except for the limited rights needed for us to provide the Services to user.

F. ACCESS TO OUR SERVICES:

We do not provide user with the equipment to access our Services. User are responsible for all fees charged by third parties related to the access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to user or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that user post or submit for posting, and to restrict, suspend, or terminate access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

G. PRIVACY POLICY:

We may collect registration and other information about user through our Services. Our collection and use of this information is governed by our Privacy Policy, available here.

H. LINKING TO OUR SERVICES:

Framing of our Services within or as part of any third-party services, or any other manner of incorporating parts of our Services as part of another Web site or service, is not permitted without our prior written consent.

I. TERMINATION OF USERS ACCOUNT:

In addition to above, Veriscript may, at any time, with or without notice, terminate these terms of the Member Agreement with user if:

1. We may terminate user’s account for any reason including for reasons of breach of these Terms and Conditions, or any of the Policies on our Platform or any other reason whatsoever.

2. The User’s sole right to terminate these Terms and Conditions and the Policies is by not using the Veriscript Platform and deleting their registered account.

3. These terms of use shall be operative and shall remain in force until the time the user accesses the platform and the service provided by Veriscript.

4. Veriscript may edit/remove/ amend these terms if it is required to do so by law or upon request by any law enforcement or other government agencies.

DISCLAIMER OF WARRANTIES

THE USE OF THE SERVICES AND THE SERVICE CONTENT IS AT USER’S SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The content on our Site and any written materials from us, including email correspondence, is not intended to amount to advice on which user should rely. User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of that content. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.

LIMITATION OF LIABILITY

1. The user understands and agrees that Veriscript is only a platform which facilitates signing and as a platform for two or more parties to execute agreements. That the user further acknowledges that we are not a party to the document/ agreement between the users interest.

2. Upon signing, only user and the other party/parties are legally required to honour the agreement. User agrees that we shall not be held liable or responsible to ensure enforceability, or non-performance of obligations by either parties under the terms of agreement and breaches by any of the parties.

3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL 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 THESE DAMAGES), RESULTING FROM USER’S USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT USER HAS PAID TO US FOR THEIR USE OF THE SERVICES AND SERVICE CONTENT.

The user accepts that there are risks associated with utilizing internet and and internet based service. Users/subscribers are advised to understand that the services can fail due to failure of hardware, software, and Internet connection. While we ensure that the email/messages are delivered in time to the user/subscribers, the delivery of these email/messages to the customer’s email inbox or message center is the responsibility of the email/messenger’s service provider Network. Email/messages may be delayed and/or not delivered to the user/subscriber’s inbox or chat box on certain days, owing to technical reasons that can only be addressed by the service provider, and Veriscript and group companies associated with it and/or its employees cannot be held responsible for the same.

User agrees that we are only responsible to support queries user might have with the Site and Service and have no obligation to provide support over agreements made between userrself and other parties. User agrees that we have no responsibility and have no liability if any disputes should arise from an agreement signed through our Service and has no obligation to mediate the dispute and that Veriscript or its employees cannot be held responsible or have liability over costs, damages or expenses arising from disputed agreements.

INDEMNITY

User will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by user’s use of the Services and Service Content, user violation of these Terms, or user’s violation of any rights of a third party through use of the Services or Service Content.

GOVERNING LAW:

Enforcement of these Terms will be governed by the laws of India, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or use of the Services or Service Content will lie in the state and courts of New Delhi, India and each party irrevocably agrees to submit to the jurisdiction of such courts.

GENERAL:

1. By creating an account on the Site user grant permission to Veriscript to contact user using the email address supplied. By uploading and sending documents user are authorizing us to distribute user contracts to email addresses user supply.

2. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitutes the whole legal agreement between the parties in connection with user’s use of the Sites and Services, and governs such use. These Terms completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Site and Services. Except as expressly provided in these Terms, any modification of or changes to these Terms must be in a writing duly authorized by an authorized representative of ours.

3. Veriscript shall have no liability to user for any interruption or delay in access to the Application irrespective of the cause. Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of Veriscript’s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared), or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances we shall be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of information and or data received and or stored or any of our service/s.

4.In case if anyone is of a reasonable opinion that any material/content located on or linked to our platform violates user’s copyright/copyright of some other person/entity, user are encouraged to notify us at [email protected]
In the event the same is found to be infringing material, we shall remove the infringing material or disable all links to the infringing material.

We further reserve our right to terminate the account of the user who infringes the copyrights or other intellectual property rights of Veriscript or others, Veriscript may, in its discretion, terminate or deny access to and use of the site. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

If user have any questions about our Services or these Terms, user may contact us at: [email protected]

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