Share Digital Card, a digital business card is a Product created, owned and distributed by Share Digital Card Partnership Firm, Mumbai, the Vendor through its Website www.sharedigitalcard.com. The Vendor offers a Dealership Program which shall be governed by these Terms of Dealership. Any transaction arising out of or being consequential to these Terms of Dealership shall also be bound by the Terms and Conditions, Terms of Use and Privacy Policy published on this Website. The Vendor insists upon your prior perusal and understanding of the same, and informs you that your access or use of the Website shall automatically signify your consent to be bound by the Terms and Conditions, Terms of Use, Privacy Policy and Terms of Dealership, since the same constitute an electronic record defined under the laws prevailing in the Republic of India, and having been generated by a computer system does not require physical or personalized digital signatures for its authentication and enforcement.
The Dealership Program can be availed by registering as a Dealer upon creating a Dealer Account on the Website by setting up your personal information including your name, Email Id, physical address, phone number, Login Id and password, and upon complying with the primary contact-verification process.
You shall be required to provide original and valid documents with respect to your identification, and it shall be deemed to have been undertaken by you that the information provided, belongs to you and is not false, fraudulent or illegal.
It shall solely be your responsibility to protect your Account credentials, and any use, misuse or abuse of your the same shall be attributable to you.
In the event where any unauthorised access or operation of your Account comes to your knowledge, you shall promptly report the same to the Vendor.
The Account shall be operated only by the person whose personal information has been entered in the same.
The Vendor reserves its right to refuse your Registration and creation of your Account, at its discretion.
The Dealership Program can be availed by subscribing to the shared plan via email.
The Subscription Fee of opted Plan shall be payable by you at the beginning of Subscription or (in case of) modification / renewal through either of the modes or payment prescribed by the Vendor from time to time.
Subscription plan validity will be as per the shared plan details via email.
The Subscription Fee of opted Plan shall be payable by you at the beginning of Subscription or (in case of) modification through either of the modes or payment prescribed by the Vendor from time to time.
The Subscription once opted shall be non-transferrable and the Subscription Fee once paid shall be non-refundable, under any circumstances.
The Vendor reserves its right to change the Subscription Fee at any point of time without issuing any prior notice, however, such change shall not affect the existing Subscription (if any) until its expiry.
The Subscription shall be considered valid only through your compliance of the Indian Contract Act, 1872, including your competence in terms of majority of age, soundness of mind, solvency and legality of your Registration, Subscription and / or Dealership of the Product.
The Subscription shall not survive through and beyond suspension, winding up or dissolution of the Vendor, and / or discontinuation of the Product.
The Vendor reserves its right to refuse your Subscription, at its discretion.
The Vendor shall provide you the requisite training and material for effecting Dealership of the Product.
The Vendor shall provide requisite support to the Vendee(s) approaching the Vendor through your Account.
Role of Dealer
You shall diligently receive training and material from and to the satisfaction of the Vendor.
You shall formulate marketing and sales strategies with and to the satisfaction of the Vendor.
You shall pitch the Product as directed and authorised by the Vendor.
You shall promptly intimate the Vendor of prospective Vendee(s) seeking to avail the Product.
You shall aid and assist the Vendor in delivering, demonstrating and designing the Product to such Vendee(s).
You shall, if so required and directed by the Vendor, either through itself and / or through such person(s) authorised and deployed by the Vendor and / or any such Third Party approved by the Vendor, aid and assist the Vendor in providing servicing and maintenance towards the Product to the Vendee(s).
You shall, in the event of requirement to address any dispute with the Vendee(s) and upon receiving such direction and authorisation from the Vendor, attend to such dispute in the form and manner as prescribed by the Vendor, at the relevant time.
You shall, on a monthly basis or otherwise as and when required by the Vendor, submit Report(s) of the progress in Dealership Program.
You shall make commitments to the Vendee(s) only in consultation with the Vendor and in any case, through Email(s) keeping the Vendor in CC.
You may represent the Vendor or identify itself, only during the Term of Subscription, in the capacity of an independent and non-exclusive Dealer of the Vendor.
You shall return each tangible material of the Vendor and / or provided by the Vendor, to the Vendor upon termination of your Subscription.
You shall destroy or otherwise dispose off, only as and when directed by the Vendor, any material and / or information of the Vendor and / or provided by the Vendor, and shall provide proof of the same as may be required by the Vendor.
You may be granted access to the information of the Vendee(s) approaching the Vendor through the referral from your Account, however, in any case except banking information of such Vendee(s).
You shall, at all times, be in compliance of all the laws of the Republic of India prevailing at the relevant time.
The Dealership Program warrants your responsible, prudent, and non-tortious conduct in its Registration, Subscription and / or Dealership.
The Dealership Program creates a relationship of license between the Vendor (being licensor) and you the Dealer (being licensee) to effect the same, limited by the Terms of Dealership.
The license of the Product does not create any right, privilege or warranty in your favour and over or against the Product or the Vendor.
You shall not misuse and / or abuse the same or the Product or the representation of Vendor for any purpose that is or may become illegal in the eyes of law, against the public policy and / or the Terms of Dealership.
You shall not indulge into any act or omission in violation of, or may cause the Vendor or Vendee to violate, the law prevailing at the relevant time in the Republic of India, the public policy and / or Terms of Dealership.
You shall not indulge into any act or omission without due authorization from the Vendor.
You shall not indulge into any act or omission that may oust or cause assumption to have ousted the authority of the Vendor to govern the Product, the Dealership Program and the consequences running therefrom.
You shall not indulge into any act or omission that may besmirch the goodwill and reputation of the Vendor.
You shall not indulge into any act or omission that may cause loss / delay of business to the Vendor.
You shall not indulge into any act or omission that may cause imposition of any legal liability upon the Vendor.
You shall not indulge into any act or omission that may occasion any overcommitment, promise or understanding on behalf of the Vendor, unless so directed and authorized by the Vendor.
You shall not assume any right, privilege or liberty that is not explicitly granted by the Vendor.
You shall not transfer, assign or sublet any right, privilege or liberty granted Vendor, to any person and / or entity.
You shall not indulge into any act or omission that is or may lead to be in conflict with its interest towards the Vendor and / or with interests of the Vendor.
You shall not compete and / or cause competition with interests of the Vendor, in any manner whatsoever, during the Term of Subscription and for a period of 5 years beyond its termination.
You shall not indulge into any act or omission that may solicit, harass or cause any loss, damage or injury to, any person / entity concerned with the Vendor.
You shall not, unless otherwise required by the Vendor, obliterate, deviate from, and / or cease to honour the Terms of Dealership.
You shall not sell the Product over the Market Price as fixed by the Vendor from time to time, however, you may, at your discretion however with precaution as to not cause any loss to the Product or the Vendor, add data / design services upon the Product and sell the same to the Vendee(s) to their satisfaction.
You shall not be an employee or in any case an agent of the Vendor, and you shall not represent the Vendor in any such manner, under any circumstances whatsoever.
The content of the Account, Subscription and the Product is and shall remain the Intellectual Property of the Vendor including but not limited to its Name, Trademark(s), Copyright(s), Logo(s), Design(s), Patent(s), Source Code(s), Plans, Features, layouts, themes, strategies, models, texts, images, videos, etc.
The Subscription of the Product does not and shall not create, transfer or imply any right over the Intellectual Property of the Vendor, in your favour to use, misuse, abuse, share, plagiarize, reproduce, duplicate, sell or otherwise exploit the same without prior written consent of the Vendor.
The information received by you of and about the Product or the Vendor, through Registration, Subscription or otherwise, including Intellectual Property of the Vendor, shall be the Confidential Information of the Vendor, and you shall not disclose, share or otherwise exploit the same without prior written consent of the Vendor.
It shall be your duty to promptly inform the Vendor about any infringement of Intellectual Property Rights of the Vendor or any breach of confidentiality of its Confidential Information at your behest or to your knowledge, and you shall extend your cooperation to the Vendor in redressing the same by due process of law.
The Vendor does not claim any ownership over the Intellectual Property and Confidential Information of its account-holders, subscribers and third party(ies), and any such content uploaded upon the Product shall be governed by the Privacy Policy.
You may, during the period of Subscription or upon or after its expiry, and upon duly informing the Vendor: o Renew your Subscription by paying the Subscription Fee of Plan opted for renewal; o Modify your Subscription by paying the difference of Subscription Fee in case of up-scaling of the Plan (only within 2 months from the date of Subscription); o Modify your Subscription by waiving off the difference of paid Subscription Fee in case of down-scaling of the Plan; or, o Cancel your Subscription by waiving off the Subscription Fee already paid.
The Vendor may, on just cause, at its sole discretion and upon duly informing you, terminate your Subscription.
In case of your Subscription having been expired, cancelled or terminated, the Product shall become available to you at Market Price; and your Account and all the consequential data may be retained at discretion of the Vendor for a subsequent period of 7 days to facilitate its disposal at your end, after which the same shall be deleted without issuing you any prior notice.
The Vendor reserves its right to refuse renewal and modification of your Subscription at its discretion.
The Dealer may, during the period of Subscription or upon or after its expiry, and upon duly informing the Vendor:
Deactivate Account temporarily and then reactivate it; or,
Delete Account permanently and forfeit the Registration
The Vendor may, upon just cause, at its sole discretion and upon duly informing you, temporarily deactivate or permanently delete your Account and effect forfeiture of your Registration.
In the event where the you keep your Account deactivated for a continuous period of 1 year or if the same is deleted, the personal information entered into the said Account shall be retained for a period of subsequent 7 days to facilitate its disposal at your end, after which the same shall be deleted without issuing you any prior notice.
The Vendor reserves its right to refuse reactivation of your Account, and to refuse Registration and creation of new Account after deletion of your Account, at its discretion.
During, through and beyond the Term of Dealership Program, your Subscription and / or your Account, regardless of its / their cessation for any reason whatsoever (if any), the Vendee(s) approaching the Vendor through the referral from your Dealer Account, whether in the prevailing situation or in the future, shall remain exclusive to the Vendor, and you shall not exercise and right, authority or restriction over such Vendee(s).
The Vendor may, at its sole discretion, alter, remove, restrict, suspend or terminate access, usage, feature and / or service of the Dealership Program or of the Product, or may amend and enforce amendment(s) of the Terms of Dealership as it may deem fit, without any prior notice; and it shall be your responsibility to keep yourself conversant with the same to ensure your pragmatic compliance of the Terms of Dealership.
The Vendor shall not be liable for any loss(es) caused due to your lack of diligence, vigilance or prudence in Registration, Subscription and / or Dealership of the Product.
The Vendor shall not be liable for any loss(es) caused due to your lack of accuracy, authenticity, correctness, validity and legality of information that you enter for Registration, Subscription and / or Dealership of the Product.
The Vendor shall not be responsible for removing, remedying or troubleshooting unauthorized and / or unlawful use of your Account, Subscription and / or Dealership of the Product, and shall not be liable for any loss(es) caused due to the same.
The Vendor shall not be liable for any loss(es) caused due to disruption of Registration, Subscription or Dealership of the Product owing to causes beyond its control including but not limited to maintenance, power failure, server malfunction, content loss, misuse or abuse, unwarranted access gained by hackers, viruses or like infiltrators, force majeure, etc.
The Vendor shall not be liable for any loss(es) caused due to human error and error of belief, opinion or judgment.
The Product provides Features for availing of the Vendee(s) by personal choice, and the Vendor shall not be responsible for any loss(es) caused due to such availing of the same.
The Product may provide access to products / services for availing of the Vendee(s), offered by third party(ies) which are not under the control of Vendor, and the Vendor shall not be liable for any loss(es) caused due to such access and availing of the same.
The Vendor shall likewise not be liable to any of your Vendee(s) for any loss(es) caused to such Vendee(s) owing to any action or omission on your part during, out of the course of, or in consequence of Registration, Subscription and / or Dealership of the Product.
The Vendor shall also not be liable to any third party(ies) for any loss(es) caused to such third party(ies) owing to any action or omission on your part during, out of the course of, or in consequence of Registration, Subscription and / or Dealership of the Product.
The Vendor shall not be liable for any loss(es) caused to your equipment or facilities utilized for Registration, Subscription and / or Dealership of the Product.
The Vendor shall not be liable for any loss(es) caused as a consequence of any action or omission at the behest of any person, entity or bot representing the Vendor without due authorization from the Vendor.
The Vendor shall not represent, ratify or defend you in any claim or complaint made against you owing to any action or omission on your part during, out of the course of, or in consequence of your Registration, Subscription or Dealership of the Product; and / or in violation of the Terms of Dealership.
You shall solely be liable for, and shall indemnify, defend and hold the Vendor harmless for any loss(es) caused to you, to any third party(ies), or to the Vendor; or for any consequential loss(es); or for such loss(es) that may be saddled upon the Vendor, owing to any action or omission on your part during, out of the course of, or in consequence of your Registration, Subscription or Dealership of the Product; and / or in violation of the Terms of Dealership.
Any dispute arising out of or in connection with the Registration, Subscription or Dealership of the Product; and / or in violation of the Terms of Dealership, shall be communicated by the aggrieved party to the other party within three (3) days of occurrence of such grievance, upon which the parties shall endeavour to resolve the same amicably within subsequent 15 days, however, if such dispute is not so resolved, then either party may initiate Arbitration proceedings for redressal of such dispute by serving the other party with a Notice of 15 days to that effect, and the Vendor shall accordingly appoint a sole Arbitrator to govern the Arbitral Tribunal at Mumbai, India, as per the Indian Arbitration and Conciliation Act, 1996.
The Terms of Dealership, and the aforementioned process of dispute redressal shall be governed by the laws prevailing in the Republic of India, being subject to the jurisdiction for the purposes of enforcement, intervention and execution of the said process vested in the Courts at Mumbai, India.
The official contact information of the Vendor for all purposes shall be its Email Id – support@sharedigitalcard.com.