Use of the Jack Vault Platform

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Jack Vault website located at www.jackvault.com, the Jack Vault Platform run by Jack Vault, having its registered office at 83/23 A, Soundar Nagar, Dadagapatti, Salem-636006, Tamilnadu on any device. For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Services by Jack Vault.

Acceptance

By registering on, accessing, browsing, downloading or using the Jack Vault Platform for any general purpose or for the specific purpose of availing any Jack Vault Service, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Jack Vault Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the modified service-specific terms and conditions in relation to any Jack Vault Service or any future service that may be offered by Jack Vault on the Jack Vault Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Jack Vault Platform or availing any Jack Vault Service, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Jack Vault Platform and immediately terminate Your availing the Jack Vault Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Jack Vault Platform or a customer or beneficiary of the Jack Vault Services, and Jack Vault. All services are rendered by Jack Vault through the Jack Vault Platform under the brand name “Jack Vault” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Jack Vault, from time to time. The Jack Vault Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Jack Vault grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Jack Vault Platform and/or avail the Jack Vault Services.

Eligibility

The Jack Vault Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Jack Vault from availing the Jack Vault Services or accessing the Jack Vault Platform. By accepting the T&Cs or by otherwise using the Jack Vault Services on the Jack Vault Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Jack Vault, or disqualified for any other reason, from availing the Jack Vault Services or using the Jack Vault Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Jack Vault reserves the right to suspend or permanently prevent You from availing Jack Vault Services or using the Jack Vault Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Jack Vault  Services and to specific portions or features of the Jack Vault  Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Jack Vault Platform or for any Jack Vault Service offered on or through the Jack Vault Platform, the latter terms shall control with respect to Your use of that portion of the Jack Vault Platform or the specific Jack Vault Service. Jack Vault may make changes to any Jack Vault Services offered on the Jack Vault Platform, or to the applicable terms for any such Jack Vault Services, at any time, without notice. The materials on the Jack Vault Platform with respect to the Jack Vault Services may be out of date, and Jack Vault makes no commitment to update the materials on the Jack Vault Platform with respect to such Jack Vault Services.

Communication Policy

By accepting the T&Cs, You accept the following:

• Jack Vault may send alerts to the mobile phone number provided by you while registering with the Jack Vault Platform or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
• Jack Vault will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Jack Vault as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Jack Vault Platform or availing any Jack Vault Services. Jack Vault shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Jack Vault liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
• The SMS/e-mail alert/push notification service provided by Jack Vault is an additional facility provided for your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that you observe any error in the information provided in the alert, Jack Vault shall be immediately informed about the same by you and Jack Vault will make best possible efforts to rectify the error as early as possible. You shall not hold Jack Vault liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
• The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Jack Vault shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

Prohibited Conduct

By accessing or using the Jack Vault Platform or by availing Jack Vault Services, You agree not to:

• violate the T&Cs;
• impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Jack Vault Services, perform any other similar fraudulent activity or otherwise avail Jack Vault Services with what we reasonably believe to be potentially fraudulent funds;
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
• use the Jack Vault Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Jack Vault Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
• post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
• refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Jack Vault;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Jack Vault Services and the Jack Vault Platform or features that enforce limitations on the use of the Jack Vault Services or the Jack Vault Platform;
• reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of as regards Jack Vault Services or Jack Vault Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
• use the Jack Vault Services or the Jack Vault Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Jack Vault Services or the Jack Vault Platform in an automated manner;
• modify, adapt, translate or create derivative works based upon the Jack Vault Services and the Jack Vault Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
• intentionally interfere with or damage operation of the Jack Vault Services or the Jack Vault Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use any robot, spider, other automatic device, or manual process to monitor or copy the Jack Vault Platform without prior written permission;
• interfere or disrupt the Jack Vault Platform or networks connected to the Jack Vault Platform;
• take any action that imposes an unreasonably or disproportionately large load on Jack Vault’s infrastructure/network;
• use any device, software or routine to bypass the Jack Vault Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Jack Vault Services;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Jack Vault Platform or to manipulate Your presence on the Jack Vault Platform;
• sell the Jack Vault Services, information, or software associated with or derived from it;
• use the facilities and capabilities of the Jack Vault Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
• breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
• provide false, inaccurate or misleading information;
• use the Jack Vault Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Jack Vault Platform, except and only as expressly provided in the T&Cs;
• avail Jack Vault Services with what Jack Vault reasonably believes to be potentially fraudulent funds;
• use the Jack Vault Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Jack Vault, a third party or You;
• use the Jack Vault Services in a manner that Jack Vault or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
• take any action that may cause Jack Vault to lose any of the Jack Vault Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
• send automated request of any kind to the Jack Vault Platform without express permission in advance from Jack Vault.

Limitation of Liability and Damages

In no event, Jack Vault or its partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) this Agreement; (ii) the Jack Vault Services, the Jack Vault Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the Jack Vault Services, the Jack Vault Platform (including any and all materials) or any reference sites/app/platform/service, even if Jack Vault or a Jack Vault authorized representative has been advised of the possibility of such damages. In no event, Jack Vault, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement (ii) the Jack Vault Services, the Jack Vault Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the Jack Vault services, the Jack Vault Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Jack Vault, however caused and whether arising in contract or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Jack Vault Service or the Jack Vault Platform giving rise to the cause of action, or beyond or in excess Rs. 4,000, whichever is less. You acknowledge and agree that Jack Vault has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Jack Vault, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Jack Vault. Jack Vault would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Jack Vault’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Jack Vault, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Jack Vault Services or of the Jack Vault Platform; or (ii) any breach of the representations, warranties, and covenants made by You herein. Jack Vault reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Jack Vault, including rights to settle, and You agree to cooperate with Jack Vault’s defence and settlement of these claims. Jack Vault will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Modification of this Agreement

Jack Vault reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Jack Vault Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the Jack Vault Platform, availing the Jack Vault Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Jack Vault Services/Jack Vault Platform. For certain changes, Jack Vault may be required under applicable law to give you advance notice, and Jack Vault will comply with such requirements. Your continued use of the Jack Vault Platform following the posting of changes will mean that you accept and agree to the changes.