Terms of Use and Consent (“Terms”)

These are Terms of Use and Consent for the Software product of Value Chain Solutions (India) Pvt. Ltd. (“VCS”) You can also visit www.ecubix.com to refer to updated version of Terms of Use and Consent.

These Terms of Use and Consent govern your use of the Software product in which these Terms have been embedded or appended to:

It includes Web Application “Portal” including all webpages, domains, sub-domains, and subparts; and all services available on or through the Portal or otherwise provided by VCS on or through the Portal in connection with events and services listed on the Portal and any and all software available on or through the Portal or otherwise provided by VCS in conjunction with the Portal, including without limitation VCS mobile applications (“Software”). The Software is deemed to be part of the Service.

Collection, use and disclosure of customer information. . The software product is licensed to the client who has bought the Software product from VCS. The Software product can be used by users authorized by the Client. All such users and the client hereby acknowledge and agree that information captured in the software product (including without limitation, location, terrain, products use and practices, end-customers and personal data) provided or made available by the users or its affiliates (collectively, the “Information”) may be collected, used, stored, consolidated, processed, disclosed and shared as set out below, by the client for any or all of the following (the “Purposes”):

To provide/perform products and services including information requested by the users.
To verify User’s identity.
To respond, handle, process, queries, requests, applications, complaints, and feedback from the Users.
To send marketing information about its products and services, including membership or reward schemes and other promotions.
To comply with client’s operational, audit, administrative, credit and risk management processes and policies.
To comply with applicable laws, legal and regulatory requirements of government or regulatory bodies or courts or tribunals of competent jurisdiction and codes of practice of the country or jurisdiction the client operates in.
To develop and enhance product, business and customer offerings of the client and/or its Affiliates, including product, system, statistical or business analysis, surveys, schemes, planning and research.
To pursue marketing, sales, promotional, advertising and business initiatives (the “Marketing Initiatives”) which the client and its Affiliates believe may be of interest or use to the Users, and formulate, disseminate, distribute and send to Marketing Initiatives information, materials, documents or brochures relating to the products, services, events, promotions, programs and offers, of the client and/or its Affiliates.

In these Terms:

"Affiliate" means any company/entity other than the client where the client directly or indirectly owns, holds or controls at least 50% of the share capital or voting rights, or the right to cause the direction of the management and policies of such corporation, partnership or other form of association, whether through the ownership of shares, directorship, management, community of interest or contract, and includes the client and its successors and assigns.

"the client" means the entity that has raised the PO to VCS for taking the license of Software product for its own use under the software license separately executed by the client

"User" an individual who is an employee of the client or who is authorized by the client to use the software product. All such users are governed by the Software license agreement executed between VCS and the client

"Personal data" means data, whether true or not, about an individual User who can be identified from that data.

Affiliates of the client, directors, officers, employees, professional advisers, auditors, joint venture partners, agents, representatives of the client or its Affiliates, and third parties providing services to the client and/or its Affiliates (including data storage, collection, storage of Information), local or overseas, on a “need to know” basis
To any judicial, governmental, regulatory or supervisory body in relevant jurisdictions
To any potential transferee or assignee of the client rights and/or obligations under the relevant contracts or agreements or in connection with any sale, acquisition, merger or consolidation of the client and/or one or more of its Affiliates
To representatives, agents or service providers engaged by the client and/or under a joint venture initiative, servicing agreement, cross-selling arrangement, loyalty or promo program or any project undertaking on a collective or tie-up basis, in connection with the Marketing Initiatives

The foregoing constitutes the express consent of User under the applicable confidentiality and data privacy laws of all relevant jurisdictions. To the extent that applicable data or other laws impose non-disclosure requirements on certain relevant information but permits a party to waive such requirements by written consent, the express consent provided herein shall constitute User’s written consent for purposes of such applicable laws. Any agreement between the User and the client / VCS to maintain confidentiality of information shall continue to be observed to the extent that such agreement is not otherwise inconsistent with the consent to disclosure of Information under these Terms. The Purposes listed above may continue to apply even in situations where your relationship with the client/VCS (e.g. pursuant to a contract, has been terminated or altered in any way), for a reasonable period.

Protection of Information To safeguard the Information from unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks, the client has introduced administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters, and disclosing Information internally and to third party service providers via the Portal for the Purposes on a need-to-know basis. The User however should note that no method of transmission over the Internet or electronic stage is completely secure. Has reasonable grounds to suspect any Information to be, untrue, inaccurate, not current or incomplete, the client/VCS has the right at its sole discretion to suspend or terminate User’s use of the Portal and/or Service (or any portion thereof).

Security of Access to Portal and Service. User’s ID and password created to access the Portal and the Service is personal to the user. User remains responsible to keep confidential, its Portal user ID and password, and not disclose it to any third party. User also agrees not to permit any other third party to use User’s ID and password or otherwise access the Portal or the Service without the client/VCS prior written consent. User agrees: (a) to immediately inform the client/VCS of any unauthorized use of its user ID and password or any breach of security, and (b) ensure it exits or logout from the Portal at the end of each session. VCS will not be responsible for any loss, liability arising from User’s non-adherence to these Terms of Use or from any unauthorized access to or use of the Portal caused or attributable to User.

Accuracy of Information Software product generally relies on Information provided by the User. The User agrees to provide true, accurate, current and complete information about the transaction to be processed in the Portal and the Service. User has to test the Software Product in CQA environment before using the Software product for live scenarios. User has to test and verify that the Software product meets its objectives and meets its business purpose. VCS does not warrant or certify accuracy of any information, logic, calculation, display or analysis handled in the Software product. It is user’s responsibility to test and verify the Software product as fit to use. In case of any discrepancy, the User is hereby advised not to use the Software Product until and unless such discrepancy is removed to its satisfaction. User and the client further indemnify VCS, its directors, affiliates, employees, associates, business partners of any damages occurred or envisaged or assumed due to use of the Software Product on as is basis.

Portal Management: In addition and without prejudice to its rights at law, VCS reserves the right:

To refuse, suspend, modify or terminate User’s access to and/or use of the Portal or the Service, or any part thereof for any period of time (or permanently) for any reason it deems at its sole discretion necessary or expedient.
To reject and/or require User to use or change its User ID or password which may be misleading, deceiving, confusing, violate any intellectual property rights, offensive, threatening or otherwise objectionable as deemed by VCS.

All rights of VCS not expressly granted are reserved.

Effect of Terms: These Terms apply in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of personal data or other Information of the Users by the client/VCS unless otherwise stated in any such notices or documents where such notices of clauses appear. VCS may revise these Terms from time to time. To determine if any revision has taken place, the User may refer to the date on which these Terms is last updated. User’s continued use of the Portal or the client services under or in conjunction with the Portal constitutes User’s acknowledgement and acceptance of such changes.

Last updated: 10/07/2019