Terms of Services
Last updated on May 11th, 2024.
1. Acceptance of Terms
- By accessing and using the website located at https://visakwik.com (the "Site"), operated by Kwikflow Service Private Limited, doing business as VisaKwik ("VisaKwik", "we", "us", or "our"), you enter into a legally binding agreement with us. This agreement encompasses your use of the Site, which includes all forms of media, linked or related content, mobile sites, and mobile applications associated with it. Our business is duly registered in India with our registered office at 4th Floor, Flat No. 301, KRM Residency, 2nd Cross JCR Layout, Panathur, South Bangalore, Bangalore - 560 103, Karnataka, India.
- Your use of the Site signifies that you have read, understood, and consent to be governed by these Terms and Conditions, including any additional terms posted on the Site which are an integral part of this agreement. If you do not agree to these Terms and Conditions, you must cease using the Site immediately.
- We may update or modify these Terms and Conditions periodically at our sole discretion. We will notify you of any changes by updating the "Last updated" date of these Terms and Conditions. By continuing to use the Site after these changes are posted, you agree to the revised terms. It is your responsibility to review these Terms and Conditions regularly.
- The Site is not intended for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would violate local law or subject us to additional registration requirements. Individuals who access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- The Site is intended for users who are at least 13 years of age. Minors under the age of 18 must have permission from their parent or guardian, who must agree to these Terms and Conditions on their behalf, before using the Site.
2. Intellectual Property Rights
- The Site, including all its content such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, and the trademarks, service marks, and logos contained therein (collectively, the "Content"), are the property of VisaKwik or its licensors and are protected by U.S. and international copyright and trademark laws, as well as other intellectual property rights and unfair competition laws.
- Subject to your compliance with these Terms and Conditions, VisaKwik grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and the Content. No Content may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever without our express prior written consent.
- We reserve all rights not expressly granted to you in and to the Site and the Content.
3. User Representations and Warranties
- As a user of the Site, you affirm and declare that: (1) the information you provide during registration and at all subsequent times will be accurate, complete, and up-to-date; (2) you will maintain and promptly update your registration information to keep it true, accurate, current, and complete; (3) you possess the legal capacity and authority to enter into and comply with these Terms and Conditions; (4) you are at least 13 years of age; (5) if you are a minor in your place of residence, you have obtained consent from your parent or guardian to use the Site; (6) your access to the Site will be conducted manually and not through automated or non-human means, including but not limited to bots and scripts; (7) you will not use the Site for any unlawful or unauthorized purpose; and (8) your use of the Site will comply with all applicable laws and regulations.
- Should any information you provide prove false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future use of the Site (or any portion thereof).
4. User Registration
- You may be asked to register on the Site. You agree to maintain the confidentiality of your password and accept responsibility for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change a username you select if it is deemed inappropriate, obscene, or objectionable by our standards.
5. Fees and Payment
- All payment methods are accepted, except for Cryptocurrency.
- Certain services on the Site may require a purchase or payment of fees. You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions conducted on the Site. You are also responsible for promptly updating your account and payment information, including email address, payment method, and payment card expiration date, to facilitate successful transactions and communication. We process payments through an online billing account and may add sales tax to purchases as required. Prices are subject to change without notice. You consent to all charges and fees at the current rates for your transactions, and authorize us to charge your selected payment provider for these amounts. If your transaction involves recurring charges, you agree that we may process these charges on a recurring basis as required without needing further approval.
- We reserve the right to correct any errors in pricing and to refuse any orders placed through the Site.
6. Free Trial
- New users who register with the Site may receive a 14-day free trial. No charges will be applied, and the subscription will be suspended after the free trial period until upgraded to a paid version.
7. Cancellation
- You may cancel your subscription at any time by logging into your account or contacting us through the provided contact information. Cancellations will take effect at the end of the current paid term.
- For any concerns or dissatisfaction with our services, please contact us via email at admin@visakwik.com or call us at +918960426021.
8. Prohibited Activities
- The use of the Site is restricted to purposes expressly provided by us. The Site may not be utilized for any commercial purposes unless they are specifically endorsed or approved by us.
- As a user, you are prohibited from engaging in the following activities:
- Extracting data or content from the Site in a systematic manner to form or compile, directly or indirectly, any collection, compilation, database, or directory without our express written consent.
- Engaging in deceptive practices to defraud, mislead us and other users, particularly in attempts to gain sensitive information such as passwords.
- Bypassing or interfering with security-related features of the Site, or those that restrict the use or copying of any Content or enforce usage limitations.
- Damaging our reputation, or that of the Site, as determined by us.
- Using information from the Site to harass, abuse, or harm another person.
- Misusing our support services or submitting false reports of abuse or misconduct.
- Utilizing the Site in a manner that is inconsistent with any applicable laws or regulations.
- Framing or linking to the Site without authorization.
- Transmitting or uploading viruses, Trojan horses, or other disruptive material, or engaging in spamming, which disrupts others’ use of the Site.
- Engaging in any automated system usage such as scripts for posting comments, or using data mining, robots, or similar data extraction tools.
- Removing copyright or other proprietary notices from the Site’s Content.
- Impersonating another user, person, or using someone else’s username.
- Transmitting materials that act as information collection or transmission mechanisms, such as certain types of cookies or other tracking devices.
- Overburdening the Site or any related networks or services.
- Threatening, harassing, or intimidating our employees or agents involved in providing any part of the Site.
- Circumventing measures designed to prevent or restrict access to the Site.
- Copying or adapting the Site’s software, such as Flash, PHP, HTML, JavaScript, or other codes.
- Deciphering, decompiling, disassembling, or reverse engineering any of the software that is part of the Site.
- Using any automated system, including spiders, robots, or offline readers that accesses the Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce.
- Using agents or proxies to make purchases on the Site.
- Collecting usernames or email addresses of users by electronic or other means to send unsolicited emails or creating user accounts by automated means or under false pretenses.
- Using the Site in any manner that competes with us or using the Site and/or its Content for any revenue-generating effort or commercial enterprise.
- Selling or otherwise transferring your profile.
9. User Generated Contributions
- The Site may allow you to engage in discussions, forums, or to create, submit, and publish content and materials, such as text, videos, photos, graphics, comments, and other materials ("Contributions"). These Contributions may be accessible by other users and on third-party sites. Contributions you provide are deemed non-confidential and non-proprietary.
- When you provide Contributions, you affirm and warrant that:
- Your Contributions do not infringe on any third-party proprietary rights, including copyrights, patents, trademarks, trade secrets, or moral rights.
- You possess all necessary licenses, rights, consents, and permissions to authorize us and other Site users to use your Contributions as envisioned by the Site and these Terms.
- You have obtained the consent of every identifiable individual in your Contributions to use their likeness as required for the inclusion and use in the Site and beyond.
- Your Contributions are truthful, accurate, and not misleading.
- They are not promotional, spammy, or part of unsolicited schemes.
- They are not obscene, harassing, libelous, slanderous, or otherwise objectionable as determined by us.
- They do not incite hatred, violence, or illegal acts.
- They comply with relevant laws, regulations, and do not infringe any third-party privacy or publicity rights.
- They do not include offensive remarks linked to race, gender, sexual preference, or disabilities.
- They adhere to these Terms and all applicable laws and regulations.
Misuse of the Site contrary to the above may lead to termination or suspension of your access to the Site.
10. Contribution License
- By submitting your Contributions to any part of the Site or enabling Contributions through linking your account from the Site to any social networking service, you automatically confer upon us, and affirm that you possess the requisite rights to confer, a perpetual, irrevocable, unlimited, worldwide, non-exclusive, transferable, royalty-free license that permits us to host, use, copy, reproduce, sell, publish, broadcast, store, publicly display, publicly perform, reformat, translate, excerpt, distribute, and create derivative works from such Contributions. This license extends to commercial and advertising use and is applicable across all media forms and channels presently known or later developed. Further, this license includes the use of your name, business name, and any trademarks, logos, or images you provide.
- You waive all moral rights related to your Contributions and affirm that such rights have not been otherwise claimed. You maintain ownership of your Contributions and any associated intellectual property rights. We assume no responsibility for the content of your Contributions and you agree to absolve us of any liability regarding your Contributions and refrain from any legal action against us concerning them.
- We reserve the right, at our absolute discretion, to modify, reclassify, or remove any Contributions at any time without notice. We are under no obligation to oversee the Contributions you provide.
11. Guidelines for Reviews
When posting reviews on the Site, you must adhere to the following criteria:
- Base your reviews on direct, personal experience.
- Avoid offensive language, profanity, and any abusive, racist, or hate speech.
- Refrain from making discriminatory remarks related to religion, race, gender, nationality, age, marital status, sexual orientation, or disability.
- Ensure your reviews do not reference illegal activities.
- Avoid posting reviews if you are affiliated with a competing service, especially if the reviews are negative.
- Do not make assumptions or statements about the legality of conduct.
- Avoid posting false or misleading statements.
- Do not initiate or participate in campaigns to influence others to post reviews, either positive or negative.
We reserve the right to accept, reject, or remove any reviews at our sole discretion and are under no obligation to screen or delete reviews, even if they are considered objectionable or inaccurate by others. Reviews do not necessarily reflect our views or those of our affiliates and partners. We disclaim any liability related to the content of reviews and from any claims arising from them. By submitting a review, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, modify, display, and distribute the content of your review
12. Social Media
You may connect your account on the Site with third-party service provider accounts ("Third-Party Accounts") by: (1) providing your Third-Party Account login details through the Site; or (2) authorizing us to access your Third-Party Account as allowed under the terms governing your Third-Party Account. You confirm that you have the right to disclose your Third-Party Account login details to us and to allow us access to your Third-Party Account, in accordance with the terms of use of the Third-Party Account and without breaching those terms or incurring fees or usage limits for us. By connecting your Third-Party Account to our Site, you acknowledge that we may access, store, and make available (including posting to the Site) any content you have stored in your Third-Party Account (such as "Social Network Content"), which may include friend lists and other data, and that we may receive additional information from your Third-Party Account as notified at the time of linking. The visibility of personally identifiable information posted to Third-Party Accounts and available on our Site depends on the privacy settings you have with these Third-Party Accounts. Should the Third-Party Account or service become unavailable or our access terminated by the service provider, the Social Network Content may no longer be accessible through our Site. You can sever the link between your Site account and Third-Party Accounts at any time. Your relationships with these Third-Party Service Providers are solely governed by your agreements with them. We do not review Social Network Content for accuracy, legality, or any other aspect, nor are we responsible for it. You also consent to our accessing your email contacts associated with your Third-Party Accounts to identify contacts who may also wish to use the Site. This connection can be deactivated, and we will endeavor to delete any information obtained via Third-Party Accounts, except for your username and profile picture linked to your account.
13. Submissions
You agree that any suggestions, ideas, feedback, or other information about the Site ("Submissions") that you provide to us become our sole property upon submission. We acquire exclusive rights, including all intellectual property rights, to such Submissions and may use and share them freely for any lawful, commercial, or other purpose without any obligation for compensation or acknowledgment to you. You waive all moral rights to these Submissions and confirm that they are original to you or that you have the right to make them. You agree not to seek recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
14. Third-Party Websites and Content
Our Site may link to or feature content from third parties ("Third-Party Websites" and "Third-Party Content"). We do not check or endorse these Third-Party Websites or Content for accuracy or completeness. We are not responsible for the content or reliability of these Third-Party Websites or Content, which are governed by their own terms and policies. Any use of or reliance on Third-Party Websites or Content is at your own risk. We are not responsible for any transactions with third parties or any harm or losses related to Third-Party Websites or Content. You hold us harmless from any damages arising from or related to your use of Third-Party Websites or Content.
15. Site Management
We reserve the right, but not the obligation, to monitor the Site for breaches of these Terms and Conditions and to take appropriate legal action against violators, which may include reporting to law enforcement. We may, at our discretion, deny access to, restrict, or remove any content or contributions without notice. We may also manage the Site to maintain system integrity and ensure that users comply with our Terms and Conditions.
16. Privacy Policy
Your privacy and data security are of paramount importance to us. We invite you to read our Privacy Policy, accessible at https://visakwik.com/privacy-policy, which is an integral part of these Terms and Conditions. By engaging with our Site, you consent to the stipulations of our Privacy Policy. Please note that our Site's servers are located in India. If you access our Site from regions outside India where privacy laws may differ, you acknowledge and consent to the transfer and processing of your personal data in India. We do not intentionally gather or solicit information from children nor target them with our marketing. Compliant with the U.S. Children’s Online Privacy Protection Act, should we determine that a child under 13 has provided personal data without parental consent, we will eliminate such data from our platform expeditiously.
17. Copyright Infringement
We respect and uphold intellectual property rights. Should you suspect that any content on our Site violates your copyright, please immediately alert us through the contact details listed below. Upon receipt of your notification, we will send a copy to the individual responsible for the alleged infringement. Please be mindful of the legal consequences, which may include damages, for making false claims in your notification. We recommend consulting with legal counsel if you are uncertain about the infringement before submitting a notification.
18. Term and Termination
These Terms and Conditions remain effective as long as you utilize the Site. We reserve the unilateral right to terminate access to the Site or block certain IP addresses without prior notice or liability, for any or no reason, particularly in cases of breach of these Terms and Conditions or violation of applicable laws. We may also terminate your account or erase any content you have posted at our sole discretion and without warning. Following such termination or suspension, you are prohibited from creating a new account under any identity, whether real, assumed, or on behalf of another. We reserve the right to pursue legal action including civil, criminal, and injunctive redress.
19. Modifications and Interruptions
We reserve the right at any time to modify, pause, or discontinue the Site, wholly or in part, at our sole discretion without notice. While we strive to maintain timely and accurate information, there is no obligation to update any information on our Site. You agree that we shall not be liable for any modifications, interruptions, or cessation of the Site and that we are not obligated to maintain or support the Site or to provide any updates or corrections.
20. Governing Law
The laws of India shall govern these Terms and Conditions. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts located in India.
21. Dispute Resolution
- Informal Negotiations: To minimize costs and expedite resolution, any dispute arising from these Terms should first be addressed through informal negotiations, which will commence upon written notice from one party to the other and continue for at least fifteen days.
- Binding Arbitration: Should negotiations fail, disputes will be resolved by binding arbitration under the International Commercial Arbitration Court of the European Arbitration Chamber in Brussels. Arbitration will be conducted by two arbitrators, in English, and the seat of arbitration will be Gurugram, India.
- Restrictions: Arbitration is limited to disputes between the individual parties only, without provision for any class-action type proceedings.
- Exceptions: Disputes involving intellectual property rights, theft, piracy, invasion of privacy, or unauthorized use, as well as any claims for injunctive relief, are exempt from arbitration and may be addressed within the jurisdiction of Indian courts as outlined in these Terms.
22. Correction of Errors
The information on this website may include typographical errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, availability, and other details. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or modify information at any time without prior notice.
23. Disclaimer of Warranties
This website is provided on an "as is" and "as available" basis. Your use of the site is at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties, both express and implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant the accuracy, completeness, or reliability of any content provided on the site or on any sites linked to this site. We shall not be liable for any damages resulting from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. We are not responsible for any interactions or transactions between you and any third party providers of products or services.
24. Limitation of Liability
Neither we nor our directors, employees, or agents shall be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues arising from or in connection with your use of the site, regardless of the form of action and whether or not we have been informed of the possibility of such damages.
25. Indemnification
You agree to indemnify, defend, and hold harmless our company, along with our affiliates, officers, agents, partners, and employees, from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site, your breach of these Terms and Conditions, or your violation of the rights of a third party. We reserve the right to handle our legal defense as we see fit, although you will remain liable for the legal costs incurred in connection with any such claims.
26. Management of User Data
We retain certain data transmitted by you to the site for the purpose of managing the site's performance, which includes data related to your use of the site. While we perform routine backups of data, you are solely responsible for all data you transmit or that pertains to your activities on the site. You agree that we are not liable for any loss or corruption of your data and you hereby waive any right to seek legal action against us for such losses or corruption.
27. Electronic Communications and Transactions
By using this site, you consent to receive communications from us electronically, such as emails, texts, or notices on the site, and you agree that all legal documents and communications that we provide electronically meet any legal requirement that such communications be in writing. You consent to use electronic signatures and to conduct transactions electronically. You waive any rights under laws that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.