V-Card - Terms of Use

V-CARD is a proprietary Mobile Application Software of Tensor Fields Consulting Services Pvt Ltd. (100% subsidiary of Tensor Limited), registered under the Indian Companies Act, 1913, and having its registered addressed at 8-2-672/5&6, 4th floor, IIyas Mohammed Khan Estate, Road No.1, Banjara Hills, Hyderabad, Telangana, India - 500034.(“Company”)

BY ACCESSING OR USING THIS MOBILEAPP [V-CARD], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, INSTALL OR USE THIS MOBILEAPP (“App”). As used in this Agreement, "we," "us," "our" and "Tensor" means Tensor fields consulting services pvt Ltd. and "you" or "your" shall mean individuals or entities accessing the Tensor Platform (defined below). Virinchi Limited is an IT Products & Services company listed on Bombay Stock Exchange (BSE), India, focusing on customers in North America, Europe, & Middle East. Virinchi is a CMMi Level 3 accredited company and ISO 9001:2000 certified for its Production, Delivery and Quality processes. Tensor is providing Cardless Credit Card services using the Mobile App called “V-CARD” to users at their convenience through multiple platforms including the mobile and internet ("Virinchi Platform").

1. Eligibility This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the applicable Laws. We reserve the right to terminate your membership and / or refuse to provide access to the Tensor Platform and services if it is brought to our notice or if it is discovered that you are not eligible.

2. User Account and Registration While using the V-CARD, you shall maintain confidentiality and secure your details of your account including User Id and Password. You will be responsible for all the activities that may occur under your name as registered member. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend the membership.

3. End-User Account and Data Privacy 3.1 Tensormay by its Services, collect information relating to the devices through which you access the Mobile App and anonymous data of your usage. The collected information shall be used only for improving the quality of Tensor’s services and to build new services.

3.2 This App allows Tensor to have access to registered Users’ personal details like Aadhaar Number, Bank A/c details, phone number, email for communication and for the purpose of processing your request for online Credit Card and also for obtaining feedback in relation to the User experience.

3.3 The User is expected to also read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

3.4 Tensor shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Tensor or to any other person acting on behalf of Tensor.

3.5 The registered User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage on his behalf whether or not authorized by the User. The User shall immediately notify Tensor of any actual or suspected unauthorized use of the User’s account. Although Tensor will not be liable for your losses caused by any unauthorized use of User’s account, the User shall be liable for the losses caused to Tensor or such other parties as the case may be, due to such unauthorized use of User’s account.

3.6 If a User provides any information that is untrue, inaccurate, past or incomplete (or becomes untrue, inaccurate, non-existing or incomplete), or Tensor has reasonable grounds to suspect that such information is untrue, inaccurate, non-existing or incomplete, Tensor has the right to discontinue the Services to the User at its sole discretion.

3.7 Tensor may use such information collected from the Users from time to time for the purposes of servicing customer related issues.

4. LISTING CONTENT AND DISSEMINATING INFORMATION 4.1 Tensor collects and displays along with relevant information the profile of the User. Tensor takes reasonable efforts to ensure that such information is updated as and when the User changes the details. Although Tensor scrutinises the information, photos etc. provided by the User, Tensor cannot be held liable for any updates or inaccuracies or incompleteness represented from it, despite such reasonable efforts.

4.2 The Services provided by Tensor or any of its licensors or service providers are provided on an "as is" and “as available’ basis, without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Tensor does not provide or make any representation, warranty or guarantee, express or implied about the Mobile App or the Services. Tensor does not guarantee the accuracy or completeness of any content or information provided by Users using the Mobile App. To the fullest extent permitted by law, Tensor disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by Tensor or any User in relation to any User.

4.3 The Mobile App may be linked to the websites of third parties, affiliates and business partners where Tensor has no control, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the App. The User shall access these third party websites according to their terms and conditions. Inclusion of any link on the App does not imply that Tensor endorses the linked site. User may use the links and these services at User’s own discretion.

4.4 Tensor assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the app or the downloading of any material, data, text, images, video content, or audio content. User shall take proper precautions to protect their devices from such eventualities like installing an Anitvirus etc. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using this App immediately.

4.5 If Tensor determines that the User has provided fraudulent, inaccurate, or incomplete information, including through feedback, Tensor reserves the right to immediately suspend the access to the Mobile App or any of User accounts with Tensor and makes such declaration on the App alongside the User name as determined by Tensor for the protection of its business and in the interest of other Users. User shall be liable to indemnify Tensor for any losses incurred as a result of misrepresentations or fraudulent feedback that has adversely affected Tensor or its other Users.

5. RELATIONSHIP 5.1 It is hereby expressly clarified that, the Information that User obtain or receive from Tensor, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Mobile App is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to the information provided on the App. In no event shall Tensor be liable to you or anyone else for any decision made or action taken by you in relationship with such information.

5.2 The App allows Users to store personal details and information (“User Data”). The App also allows Tensor to share all or portions of User Data with other associates, partners at its own discretion for the purpose. If user contacts or exchanges information with another User(s) in person or through any means other than our Services, such activity is not covered under this agreement.

6. Payment and Cancellation Policy 6.1 Payments if any made for the services provided through the App shall be considered received only upon confirmation received from Tensor. No claim shall be entertained if the payment is not correctly made and not received by Tensor without using the options provided in the Mobile App.

6.2 Payments if any, once made by the User cannot be adjusted or cancelled without any valid reasons. Cancellation or adjustment of payments or refund shall be at the sole discretion of Tensor and the User is not entitled to claim such amounts through any other means.

7. Recharges & Bill Payment 7.1. Tensor shall not be considered to be in breach of or default of its duties or obligations hereunder if such default is caused due to an act of God, war, civil unrest, strike, lockout or any other force majeure events.

7.2. The amount paid by the User towards recharge/bill payment/ ticket booking etc cannot be reversed or refunded in case claimed to be wrong transaction by the User which includes and not limited to

7.3. Tensor will not be responsible for the failure of transaction for any of the following reasons including but not limited to:

7.4. The cancellation/refund in respect of the bookings and charges, if any, will also be solely governed as per the terms and conditions of the Merchant/Vendor providing those services including any charges arising therefrom. User shall contact the respective Merchant/vendor directly in relation to any such claims.

7.5. In case if a User has initiated a recharge using the vCard Platform resulting in debiting his account and if the recharge is not delivered within 24 hours from the completion of transaction, the User shall inform Tensor by sending an Email to its customer service Email ID provided in the vCard App along with all the details of the transaction – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Tensor after verification and if found genuine will refunded the money deducted from the User account within 21 working days from the date of receipt of User Email. All refunds will be credited to User VCard account.

8. User Consent By acknowledging the below, I understand and agree to the following services
8.1. I have gone through the terms of use of the vCard Mobile App and fully understood about its working, advantages and limitations.

8.2. I hereby give my consent and agree to share my contact, bank and other details through the App.

8.3. I understand and agree to provide my Aadhaar No. which shall be used for obtaining my personal details as mentioned in the Aadhaar for verification purpose.

8.4. I understand that my Bank A/c details provided through the App is linked to Tensor associate services independent of Tensor Services and shall be used for obtaining the Read Only version of my Bank Statement for verification.

8.5. I understand that the information obtained shall not be disclosed to any third parties without my consent except for the purpose or as per the law.

8.6. I understand that my photo if taken during the process is for documentation. I give my express consent for the same.

8.7. I understand that this process may involve electronic communication of my confidential information to other partners, associate or service providers who may be located in other areas not limiting to any boundaries.

8.8. I understand that I have the right to withhold or withdraw my consent to the use of App at any point of time after clearing all my dues if any.

8.9. I understand and acknowledge that due to unanticipated technical reasons there may be an interruption during the process of approval or quality of transmission may be suboptimal resulting in delay in the process or transactions.

8.10. I understand the pros and cons of using the vCard App.

8.11. I understand that the approval is not guaranteed as it is the sole discretion of the company and my application can be rejected due to various reasons.

8.12. I understand that if I do not use the services for more than 1 year without any dues pending, the User ID shall be deactivated and my information may be deleted at the discretion of the company.

8.13. I understand that the information provided shall be utilized only for the purpose and such use will be subject to the guidelines and regulations laid down by the Government.

9. Content on Mobile App 9.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Tensor Platform (collectively, "Content"), is either owned by us or by a third party and we have no control or rights over such third party content.

9.2 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Tensor Platform (collectively, "Content"), is either owned by us or by a third party and we have no control or rights over such third party content.

9.3 All the information, feedbacks, reviews on the Mobile App or Tensor Platform is for information purposes only. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and User acknowledge that any reliance upon such content shall be at your sole risk.

9.4 No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Tensor. User shall use information on the Services for downloading, provided that you shall not remove any proprietary notice in all copies of such documents, or you use such information only for personal or non-commercial purposes and do not copy or post such information on any website, networked computer or broadcast it in any media, or make any modifications to any such information, and you do not make any additional representations or warranties relating to such documents.

10. Conditions for Use of the Mobile App User agrees, undertake and confirm that the use of Tensor Platform shall be subject to the following terms:

10.1 User shall not host, display, upload, modify, publish, transmit, update or share any information on the App that

  1. belongs to another person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of others privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. harms any person in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violate any applicable law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  9. make any representation which is misleading in any way;
  10. engage in commercial activities through the App without the prior consent of Tensor; or
  11. engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Tensor or interferes with its functioning.

11. Responsibility of the User for Content Provided 11.1 The vCard Mobile App may include a variety of features, such as discussion forums, blogs photo and Video Sharing pages, e-mail services and social networking features that allow feedback/rating to us and may also allow users to interact with each other on the Mobile App or to post content and materials for display on the App. By accessing and using any such features, you irrevocably agree:

  1. that you shall abide by the Community Rules as set forth below
  2. that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
  3. that you are 18 years of age or older; and you alone are responsible for the materials you post on discussion forums, blogs or on other areas of the Mobile App.
  4. that the company has the right at all times, in its sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our view violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Mobile App through which users can supply information or materials. You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:
    1. comply with legal process;
    2. enforce these Terms and Conditions;
    3. to claims that any content or materials submitted by you violate the rights of third parties;
    4. protect the rights, property, or personal safety of our Mobile App, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.

12. Profile Ownership and Editing Rights Tensor reserves the right to publish, change, update or delete the User profiles and photographs, or as requested by Users. You hereby represent and warrant that the content uploaded by you as part of your profile or otherwise while using the App, and that no such content breaches any third party rights, including intellectual property rights. In case of any breach, Tensor may modify or delete that particular part of your profile information at its sole discretion with or without any information/notice to the User.

13. Community Rules By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:

  1. restrict or inhibit any other user from using and enjoying the Mobile App.
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. not use the Mobile App to post, transmit or in any way exploit any information, software or other material for commercial purposes.
  4. use the Mobile App to advertise or solicit to anyone to buy or sell products or services, without our express written approval.
  5. gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Mobile App
  6. contact anyone who has asked not to be contacted
  7. engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about the App and other Users.
  8. Repeatedly post the same or similar content. We reserve the right to deny access to the Mobile App or any of its features to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Mobile App or infringes the rights of others.

14. Other Conditions Services offered including limitations thereto are fully described herein.

  1. By accessing the vCard App or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
  2. If you avail any of the services offered by any of the Partners or Associates, the services provided would be as per their own terms and conditions and Tensor has no control over them.
  3. This Agreement and the Policies are subject to change from time to time, at the option of Tensor with or without any prior notice.
  4. If the terms of Tensor services or the policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the services. Your use of the App after any amendment to the Terms and Policies shall constitute your acceptance and you also agree to be bound by any such changes/ revisions.
  5. Tensor reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) as necessary to satisfy any law, regulation or valid government request.
  6. We reserve the right, but under no obligation, to monitor the materials posted on the Tensor Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law.
  7. Tensor is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non¬public, sensitive or obscene materials on the Tensor Platform.

15. Rating and Review 15.1 Users are allowed to rate and share comments about the services of Tensor and its Associates without defaming or damaging their reputation.

15.2 Tensor reserves its copyrights and such other related rights on the content and rating posted by you on the Mobile App. Furthermore Tensor can use such content, re-publish, modify, reproduce, broadcast at its own discretion and such content shall be treated as Tensor's Copyrighted material without any objection.

16. Indemnity You shall indemnify and hold harmless Tensor, its partners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.

17. Termination We reserve the right, to restrict, suspend or terminate your account and access to all or any part of the Tensor Platform, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your account at any time, for any reason, by deleting your account on the Mobile App or by emailing us. This Agreement shall survive for one year after termination of your membership. We may change, suspend or discontinue all or any aspect of the Tensor Platform at any time, including the availability of any feature, database, or content (including the discussion areas), without prior notice.

18. Disclaimer of Warranties; Limitation of Liability TENSOR PLATFORM AND THE SERVICES ARE PROVIDED ON "AS IS," BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. USER(S) ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE MOBILE APP SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER TENSOR NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS AGREEMENT. TENSOR IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE TENSOR PLATFORM AND THE SERVICES AND/OR MOBILE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE TENSOR PLATFORM, TENSOR PLATFORM RELATED SERVICES, AND/OR MOBILEAPPS IS TO STOP USING THEM.

19. Governing Law, Arbitration & Jurisdiction This Agreement shall be governed by and construed in accordance with laws of India and the Courts in Hyderabad shall have exclusive Jurisdiction. In the event of any dispute arising out of use of the App or regarding the interpretation of this agreement, or consequent on the termination, such dispute or differences shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation, 1996, as amended from time to time, adjudicated by a single arbitrator appointed by Tensor. The proceedings shall be held in English and place of arbitration shall be Hyderabad. The arbitration award shall be final and binding on all the Parties.

You consent to receive/ communicate data, information, updates from Tensor regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all Tensor communication lists and newsletters, please communicate the same in writing to Tensor.