TERMS OF USE

 

Welcome to Vi™ Business ReadyForNext Assessment tool (“Tool”) owned and operated by Vodafone Idea Limited (“Vi Business”), a company incorporated in India under the provisions of the Companies Act, 1956, whose registered office is at Suman Tower, Plot No 18, Sector no 11, Gandhinagar 382011, Gujarat, India.

 

For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” or “Yourself” shall mean any Micro, Small and Medium enterprises registered within the jurisdiction of India.

 

PROPRIETARY RIGHTS

You acknowledge and agree that Vi Business owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by Vi Business and that You shall not disclose such information without Vi Business's prior written consent.

 

Vi Business grants you a limited license to access and make use of the Tool and the Services. This license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Services. You do not have the right to use any of Vi Business's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.

 

USAGE OF THE TOOL

The Tool is intended for assessing Your digital adoption and for non-commercial use. You shall register Your business to become a member of the Tool only if You as business owner are of the age of 18 or above and can enter into binding contracts as per applicable laws. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Tool by You and anyone using Your password and login information (with or without Your permission).

 

You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Tool. If You provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Vi Business has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Vi Business shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Tool (or any portion thereof) or Services in connection thereto.

 

By making use of the Tool, and furnishing Your personal/contact details, You hereby agree that You are interested in knowing more or availing and/or purchasing various products, services, offers, campaigns or other promotional material that Vi Business or any other third party may offer/provide/ share/send You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode . You hereby agree that Vi Business may contact You either electronically or through phone, to understand Your interest in the selected products and Services and to fulfil Your demand or complete Your application. Further You also agree and authorize Vi Business and its partners, service providers, vendors and other third parties to contact You for the purpose of offering or inviting Your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Tool or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.

 

You specifically understand and agree that by using the Tool You authorize Vi Business, its affiliates, partners and third parties to contact You for any follow up calls in relation to the Services provided through the Tool and for offering or inviting Your interest in availing any other product or service offered by Vi Business or such third parties. You agree and consent to receive communications relating to all of the above on Your phone/mobile number provided by You on the Tool and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.

 

You agree and authorize Vi Business to share Your information, with its group companies, vendors, service providers of Vi Business and other third parties, in so far as required for marketing purposes/ offering/cross-selling various products and services and/or to provide You with various value-added services, in association with the Services selected by You or generally otherwise. You agree to receive communications through e-mails, telephone and/or SMS, from Vi Business or third parties. You also agree that Vi Business reserves the right to make your details available to its channel partners /retailers, vendors, service providers, business partners, agents or any other third party and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Your data already shared by Vi Business with its partners upon Your prior consent. In case You do not wish to receive any such communication/marketing materials from our partner system integrators/original equipment manufacturers/third parties, we request You to kindly get in touch with them independently, without involving Vi Business.

 

You agree and acknowledge that for undertaking the assessment tool, Vi Business will help You gauge Your company’s digital effort¬s under the 3 major pillars:- (i) Digital Customers; (ii) Digital Workspace; and (iii) Digital Business through the Tool. Vi Business has designed this Tool with Dun & Bradstreet, the leading global provider of B2B data, insights, and AI-driven platforms, helps organisations around the world grow and thrive to helps companies like Your to leverage data and analytical insights to take more intelligent actions that deliver a competitive edge. You agree and acknowledge that Vi Business can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under applicable laws and regulations.

 

The usage of the Tool may also require You to provide consent for keying in Your Personal Information (“PI”) (including but not limited to any personal data or sensitive personal data as defined under applicable law) or to authorize Vi Business to derive Your data/information from any source or public registry, as may be necessary to complete Your business profile or Your organisation’s application on the Tool, conduct due diligence on Your business, assessing Your business intake of digital products/services, undertaking checks by Vi Business or any other third party and/or to process Your organisation’s application through this Tool. Your PI may be used or shared with third parties, including but not limited to our vendors, service providers, analytics and research partners in India and abroad, with the sole objective of making Your experience on the Tool better, faster, friction-less and paperless to the extent possible. However, Vi Business shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, Vi Business shall not be liable to You against any liability or claims which may arise out of such analytical report as any such PI is being collected, used, processed and shared with Your explicit consent.

 

You shall not sell Vi Business’s Services, information, or software associated with or derived from it or use any robot, spider, other automatic device, or manual process to monitor or copy the Tool and or its content or interfere or disrupt the Tool; take any action that imposes an unreasonably or disproportionately large load on Vi Business’s infrastructure/network or use any device, or interfere or attempt to interfere with the Vi Business Services or forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Vi Business or to manipulate Your presence on the Tool.

 

You may only use the Tool to enable You to understand how future ready you are and identify areas that need to become more digital to make your business Ready For Next as may be displayed on the Tool from time to time and You shall not use the Tool to make a fraudulent application for any products/services listed on the Tool. You agree not to use the Tool for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to You. Since the Tool is in operation in India, while using the Tool, You shall agree to comply with laws that apply to India. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict Your access to all or any component of the Tool.

 

You are prohibited from posting or transmitting to or through this Tool: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Tool.

 

PRIVACY POLICY

By using the Tool, You hereby consent to the use of Your information as we have outlined in our Privacy Policy.

 

THIRD PARTY LINKS/OFFERS

This Tool may provide links to other websites or resources. Since Vi Business has no control over such third party websites and resources, You acknowledge and agree that Vi Business is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Vi Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Tool is at Your own risk, and Vi Business will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.

 

OUR PARTNERS

Implementation of cutting edge technology that can take a business to the next level and aid in digital transformation and make day-to-day operations more efficient there may be products/services, offered by third parties, on the Tool does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of Vi Business in favour/against such third parties or their products. You agree that Vi Business is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties.

 

Your interaction with any third party accessed through the Tool is at Your own risk, and Vi Business will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from Your interactions with the third parties.

 

You agree and acknowledge that the Test report shall be at the sole discretion of Vi Business’s and our partner Dun & bradstreet, who have helping in making this application through the Tool for gauging the digital e¬fforts of Your business; Vi Business shall not be held liable for any delay, rejection or approval or liability of any application or test reports made through its Tool.

 

DISCLAIMER OF WARRANTY

The Tool and all content and Services provided on the Tool are provided on an "as is" and "as available" basis. Vi Business expressly disclaims 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, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Vi Business makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to Your circumstances; (b) The Tool will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Tool or any Services offered through the Tool will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by You through the Tool will meet Your expectations.

 

Some of the content on the Tool is aimed at helping You understand how future-ready You are and will also give You an insight on the areas of Your business that need to be digitalised, and the same shall not be construed as any solicitation, endorsement, advertising, marketing or promotion of such services by Vi Business. These content and/or information are derived from publicly available sources and Vi Business cannot verify or confirm the genuineness, authenticity or veracity of such information.

 

Notwithstanding anything contained herein, the Tool reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of You/Your information’s provided. The Tool shall not be responsible for any damages, interests or claims arising from not processing a report.

 

You hereby agree to provide accurate information with regards to Your adaption to the business since such information would enable Vi Business to recommend for purchasing any Service or product on or through the Tool.

 

No deliveries of the products/services using the Tool shall be made outside the territorial boundaries of India.

 

LIMITATION OF LIABILITY

Vi Business (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Tool), or (ii) any use of the Tool or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Tool or Your downloading of any content from the Tool. The Tool may provide links to other third-party websites. However, since Vi Business has no control over such third-party websites, You acknowledge and agree that Vi Business is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that Vi Business shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party website may have separate terms and conditions and privacy policy, and which are independent of Vi Business and therefore, we advise You to read the terms and conditions available on such website before You access any such third-party website.

 

INDEMNITY

You agree to indemnify and hold Vi Business (and its officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to Your breach of this Terms, Your violation of any law or the rights of a third party, or Your use of the Tool.

 

WAIVER

Any failure or delay by Vi Business to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Vi Business of that provision or right. The exercise of one or more of Vi Business’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Vi Business under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Vi Business.

 

FORCE MAJEURE

If performance of Services/Tool by Vi Business is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, malware, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Tool, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Vi Business and could not have been prevented by reasonable precautions, then Vi Business shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Vi Business of its obligations herein or incur any legal liability on Vi Business.

 

ADDITIONAL TERMS

You may not assign or otherwise transfer Your rights or obligations under these Terms. Vi Business may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You. If we fail to act on Your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. The laws of the India, without regard to its conflict of laws rules, will govern these Terms, as well as Your and our observance of the same. If You take any legal action relating to Your use of the Tool or these Terms, You agree to file such action only in the courts located in Mumbai, India. In any such action that we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that You have read and have understood these Terms, and that these Terms have the same force and effect as a signed agreement. This paragraph shall survive termination of this agreement.

 

Vi Business reserves the right to make changes to the Tool, related policies and agreements, this terms of use and the Privacy Policy at any time as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company re-organization, market practice or customer requirements. Upon any change, Vi Business will notify the updated Terms on the Tool or other means. Your continued use of the Services and ancillary services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If You do not agree to the changes, You may please discontinue Your use of the Services.

 

These terms of use were last updated on 27th June, 2022.

 

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