These Terms and Conditions (“Terms”) are between Vistaar Technologies, Inc. (“Vistaar”, “us”, “we”, or “our”) and the purchaser (“you” or “your”) who accesses www.vistaar.ai (“Platform”) and uses Vistaar’s internet based subscription services (“Services”).
By ticking the box “I HAVE READ, AND I ACCEPT THE TERMS”, you agree to bound by the following Terms:
- USER LICENSE
For so long as you are our customer by paying the Subscription Fee, Vistaar hereby grants to you a limited, non-exclusive, non-transferable right to use the Platform and the Services, subject to the Terms herein. Nothing in these Terms shall prohibit Vistaar from furnishing the Services to others, including your competitors.
Subject to the limited rights expressly granted herein, Vistaar reserve all rights, title, and interest in and to the Platform and the Services, including all related intellectual property rights. All rights reserved with Vistaar.
You shall not use the Platform and the Services for any other purpose, including any other commercial purpose other than for purposes expressly permitted by Vistaar. Without our express prior written consent, you shall not (i) license, sublicense, sell, resell, transfer, assign or distribute the Services; (ii) modify or make derivative works based upon the Services; (iii) create Internet "links" to the Services or "frame" or "mirror" any content of the Platform or the Services on any other server or wireless or internet-based device; or (iv) modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.
- USER REGISTRATION
To obtain full access to the Platform and the Services, you will be required to (i) complete a registration by providing certain details or other information; (b) to establish an account specific to you ("Account") by choosing the subscription plan to be provided by us; and (c) to pay a service fee ("Subscription Fee").You further acknowledge and agrees that:
- All information that you provide in your registration form with us for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information;
- All information that you provide to us about your customers or clients has been provided with the consent of your customers;
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, login, or user ID to access or use the Platform, to arrange, enter, and/or participate in the Services, or for any other purposes. We take no responsibility for any third-party access to your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, user ID, or password and all such use shall be deemed to be authorized by you;
- You have verified and determined that your use of the Platform and the Services does not violate any law or regulation in any jurisdiction that applies to you; and
- You will not use the Platform or the Services for fraudulent or otherwise illegal purposes.
- COOKIES AND WHAT DO THEY COLLECT?
The software present in the web browser enables the cookies to determine the computer with which the website was accessed. These minute data are loaded in the hard drive of the user by the web browser that the user utilizes. The range of cookies is varied and the information retrieved by them can be put into multiple usages. The web server logs and the cookies can jointly venture data like the date and time as to when the website was visited, pages surveyed, hours invested on the company website and the websites viewed post or prior to it.
VISTAAR might place short-term "session" cookies on the user's device in order to confirm their identity and ease their navigation process in each visit. The automatic deletion process applies to such cookies once the user ends the session of browsing for the website. The session cookies derive information on a generalized basis and hence they are in no way related to the user as an individual.
Third-party analytics services
Third party hosted services might be put into use, for instance Google Analytics might be used to gather information regarding the usage of our site by the users. This would enable us to gather reports that would be working towards the betterment of how the site functions. Such services provided by a third party often retrieves general information which are not personal to any individual. These may include details forwarded by a browser in the form of web page request, the time range of viewing a website, the IP addresses, how the user came to our website. It might be through the social media or they might have been directed by a search engine.
There are chances that the services of the third party might join the cookies or the other tracking methods with your personal details shared with us (for example email address). The sole intention of such services is to retrieve information thus facilitating us to serve our customers with all the necessary data that caters to their interests. At the time of submission of your personal details, we would always take your permission as to whether you allow us to use it in the process of advertisement and marketing of the services and the products that we deal in.
How to manage your cookies
As many websites are dependent on either cookies or some other detection tools to track the experience that their users have, internet browsers are mostly set for the acceptance of these. The settings present in the Internet browser helps in the disabling of such cookies and such similar tools utilized for the purpose of tracking. Although, disabling cookies might prevent certain areas of the website from operating in the correct manner. The settings of the Internet browser help in answering questions with regards to the disabling of cookies.
"Do Not Track": This is a feature that has been incorporated by some recently developed Internet browsers. Turning on this feature ensures that a signal would be forwarded to each of the websites that you view, ensuring that you won't be tracked in the process of browsing. Each of the websites response is different when it comes to the Do Not Track signal. Just as there is some confusion, our website abstains from responding to the Do Not Track signal transmitted by the browser. Hence the process of storing the cookies in your hard drive will be active unless you erase them.
Payments to Subscription Fee for your Account must be made by using means of credit card, PayPal or bank transfer. We currently require payments be made by any major credit cards (i.e. AMERICAN EXPRESS, VISA and MasterCard). You may make the payment in your local currency, but the invoice will be issued in the USD. Payments by bank transfer must be made in Swiss francs (CHF). All bank charges applicable for the remittance shall be borne by you. Payments must be made from a payment source on which you are the named account holder.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Platform or the Services. You waive your right to dispute any payment made into your Account and you will bear all costs.
- TERMINATION AND REFUND
We may terminate these Terms, terminate your access to all or part of the Platform and/or the Services, or suspend any access to all or part of the Platform and/or the Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise.
Once we have received the payment your order will be processed, and payments are not refundable for any reason.
- FEES, REFUNDS AND CHARGES
Vistaar is committed to the success of our customers, but through experience we have found that users have varying requirements, capabilities, and limitations with regard to the types of data needed and the software they can use, the way their local network is configured, etc.
These issues may certainly impact a customer's ability to use Vistaar as it is intended. Accordingly, Vistaar offers a 30-day Free Trial, and is happy to extend the trial period for users who need more time to evaluate Vistaar and its compatibility with their specific needs.
Vistaar also offers a Month-to-Month Subscription Plan, which allows customers to upgrade, downgrade. Finally, Vistaar offers an Annual Subscription Plan at a significant discount. We recommend this plan for customers who are certain that Vistaar is compatible with their needs. It is your responsibility to evaluate Vistaar, including its features, limitations, and system requirements before selecting the Annual Plan.
- SUBSCRIPTION FEES
Client shall pay for all subscription fees, and hereby authorizes VISTAAR (and its payment processors) to debit Client's bank account or charge Client's credit card, as stated on Client's billing page. Client agrees that all subscriptions are recurring and will renew automatically.
- CANCELLATION POLICY
If you are reading this section, it is likely for one or two reasons:
- a) To learn about our Cancellation Terms.Cancellation Policy:
- b) You are thinking about canceling your Annual Plan Subscription contract.
If you are here because of #b, we humbly request that you give us the opportunity to address any concerns or issue(s) you may be having! We will listen, seek to understand, and do our best to move toward the right resolve.
Client acknowledges that all subscription fees are charged automatically on a recurring basis until the Client cancels their subscription (both month-to-month and annual plans). Please keep in mind that you are solely responsible for properly canceling your account. You must email support before or on the payment due date. However, you can also contact support if you are having difficulty or need help.
All VISTAAR subscriptions Service is billed in advance on a monthly or annual basis and is non-refundable; no refunds will be issued. VISTAAR does not offer prorated refunds for cancelled subscription plans. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
VISTAAR Subscription, both month-to-month and annual plans, are recurring and are non-refundableand will automatically renew after the end of each paid subscription period. The Subscription plan you purchased is yours for the length of the subscription, even if you decide to cancel it. This includes both month-to-month and annual plans.
- INTELLECTUAL PROPERTY RIGHTS
Vistaar understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others. If you believe that any material on the Platform and/ or the Services infringes a copyright, or any valid intellectual property right, please write to us.
Unless otherwise indicated, all logos, names, package designs, and marks on the Platform are trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.
Vistaar takes all concerns related to intellectual property seriously and it is our policy, at our discretion and in appropriate circumstances, to cancel, disable or terminate any user's Account who infringes or appears to infringe the intellectual property rights of others.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Platform and the Services for the reconstruction of any lost data.
THE SERVICES AND ALL MATERIALS ON THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISTAAR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE PLATFORM, OR ON ANY WEBSITE OR WEBSITES "LINKED" TO THE PLATFORM. VISTAAR MAKES NO WARRANTY THAT THE PLATFORM AND THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ACCURACY OF DATA AND INSIGHTS
UNDERSTAND THAT CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HERE IN VISTAAR WEBSITE.WHILE WE MAKE EVERY EFFORT TO ENSURE THE ACCURACY OF ALL INFORMATION IN THE TOOL AND WEBSITE, VISTAAR MAKES NO WARRANTY TO ANY OF THE MATERIAL ON ITS WEBSITE ARE ACCURATE, COMPLETE AND CURRENT. ALL SUCH CONTENTS, INFORMATION, PRODUCTS, FEATURES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY OF THESE CONTENTS OR INFORMATION. VISTAAR WEBSITE MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS WEBSITE AT ANY TIME WITHOUT NOTICE. HOWEVER VISTAAT DOES NOT MAKE ANY COMMITMENT TO UPDATE THE MATERIALS.
WE ENCOURAGE YOU TO PERIODICALLY REVIEW FOR THE LATEST UPDATES AND INFORMATION ON HEALTH AUTORITY AND OTHER SOURCE WEBSITES. YOU AGREE THAT NEITHER WE NOR ANY OF THE INFORMATION PROVIDERS SHALL BE LIABLE IN ANYWAY FOR THE ACCURACY, COMPLETENESS, AND TIMELINESS OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU REPLYING UPON THE INFORMATION. YOU FURTHER AGREE THAT NEITHER WE NOR ANY OF THE INFORMATION PROVIDERS WILL BE LIABLE IN ANYWAY FOR THE INTERRUPTION OF ANY DATA, INFORMATION OR OTHER ASPECT OF THE ELECTRONIC SERVICES.
THESE TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN AT VISTAAR'S SOLE DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST RECENT TERMS EACH TIME YOU VISIT.YOUR CONTINUED USE OF THE SERVICES AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICES.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL VISTAAR OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE SERVICES OR YOUR INABILITY TO USE THE PLATFORM, THE SERVICES, PLATFORM CONTENT, OR ANY PRODUCTS OR THE SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE PLATFORM, THE SERVICES.
You agree to defend, indemnify and hold Vistaar, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of the Services; (b) the Platform; (c) claims by your customers or payment gateway service provider; or (d) the products and/or the Services offered through the Platform.
- GOVERNING LAW AND SIPUTE RESOLUTION
These Terms shall be governed by the laws of India and any and all disputes arising out of or in connection with this Agreement (including without limitation any alleged breach, or challenge to the validity or enforceability, of this Agreement or any provision hereof) shall be subject to the jurisdiction of courts in India.
Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to conform to applicable laws and the remainder of the Terms shall remain in full force and effect to the fullest extent permitted by law.