Please read these Terms and Conditions carefully before using Our Service.
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, Registered users and others who access or use the Service, regardless of any terms and conditions created by Registered User on Personal vCard.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You, regardless of any privacy policy created by Registered User on Personal vCard. Please read Our Privacy Policy carefully before using Our Service.
This Website provides online templates and tools to create a Personal vCard for Registered User. You have the option to create a unique URL ( Uniform Resource Locator ) using Your nickname, first name, family name or full name depending on availability.
Personal vCard may display Your personal contact details including photographs, links to other social, personal or public websites, images of products, description of services, testimonials, working hours, location information on online map, downloadable links for vCard ( virtual contact file ) and QR code. Additionally, certain services may allow You as a Registered User to engage with the end users ( “End Users” of Registered user ) of the Personal vCard through booking online appointments, sending messages or capturing leads.
Free Account
As a Registered user of a Free Account You are allowed to publish Your photograph, a cover image, Your profile details including links to websites and social media pages, online contact form, QR code of your unique webpage and downloadable links of vCard and QR code.
Sponsored Advertisements may be included by the Company.
Pro Account
This is a paid account, upgradable from a Free Account.
Pro Account holders get more features in addition to what is available for Free Account holders. A Pro Account may be divided into different pricing plans based on availability of special features. Details of such additional feature are published on our pricing page.
Additionally, Pro Account holders get invitation to join private business discussion groups outside the Website. However, the Company cannot guarantee the continuation of such business discussion groups as they may be hosted and managed by third parties.
Premier Account
Premier Accounts are free of charge and awarded to any registered user based on merit who meets the minimum qualification required as displayed on our pricing page.
These third party advertisements are pop-up modals or banners displaying commercial and non-commercial advertisements. They may contain text, graphics, audio and video. They are displayed as follows.
These advertisements will not be displayed to Pro and Premier account holders while they are logged into the website.
The company provides short usernames or URL Aliases to registered user who has contributed the minimum required funds to the Charity Foundation of the service organization. The procedure is explained on our pricing page.
Short usernames are restricted to one per registered account and cannot be transferred.
The Company reserves the right to revise its prices at any time prior to accepting an Order. Revised prices will be displayed at our pricing page, www.clubvcard.me/pricing, and applied at the time of initial payment or at the time of renewal. You are required to check the revised pricing plan before attempting renewal.
Payment for Pro Accounts can only be made through third party payment processors we have enabled in Our Service. All prices are in US Dollars and subject to applicable taxes.
The payment processesing company will issue a receipt for your payment.
"STRIPE" payment gateway is used at present.
You will be notified by email prior to the expiry of Your Pro Account. We provide you a grace period of 14 calendar days after the date of expiry. You will not be able to delete or edit your CLUBvCARD during this grace period.
Failure to renew during the grace period will result in downgrading Your account to Free Account and deletion of User Content made available to Pro Account.You will not be able to recover such deleted User Content.
However, You will still be able to upgrade your account on a later date.
It is Your responsibility to renew your Pro Account.
We do not refund, either partially or fully, once You have made payment for account upgrade or account renewal.
By submitting and storing content on the Website, You grant Us rights to those User Content to be published on Your Personal vCard and allow any visitor to the Website to view them and interact with You through online booking appointment, online contact form and connect to any other external services or websites through the clickable links. You also grant Us rights to publish and distribute Your Personal vCard on social media networks, other web services and on mobile applications.
You represent, warrant, and agree that you will not submit or attempt to submit and publish any content that:
You represent, warrant, and agree that you will not submit or attempt to submit and publish any User Content that:
Although regular backups of User Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, User Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of User Content. But You acknowledge that the Company has no liability related to the integrity of User Content or the failure to successfully restore User Content to a usable state.
You agree to maintain a complete and accurate copy of any User Content in a location independent of the Service.
It is Your responsibility to retain your membership of the club and inform us if you are transferred from one club to another.
Your First name and the Last name entered and submitted at the time of registration will be displayed on the vCard.
You are responsible for the content ( including its legality, reliability, and appropriateness ) that is submitted, stored on our Website and published on Your Personal vCard.
However, You are not held responsible for any Sponsored Advertisements that may be published by the Service on Free Accounts, including its legality, reliability, and appropriateness.
We may suspend Your Personal vCard immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Such suspension will be notified to you by email immediately, allowing you to remove or modify Your User Content in order to comply with Our Terms and Conditions.
The suspension will not be lifted until all Terms and Conditions have been satisfied.
No refund will be issued for the suspension days.
Failure to respond to our email may result in suspending or terminating your account.
We shall terminate or suspend Your account, immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
We shall terminate Your account, immediately, if more than 2 violations of Our Terms and Conditions of Your Personal vCard per year have been reported.
We shall terminate Your account, immediately, if Your club ceases to exist in Your organization where Your club is registered at the time of registration.
No refund will be issued for the remaining days if any Pro account is terminated.
User Content of any terminated account will be deleted without any prior notice.
Any Inactive Account will be terminated and deleted after 365 calendar days.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that any content including User Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email dmca@clubvcard.me and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content including User Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email dmca@clubvcard.me. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content including User content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or nothing if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, including User Content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content, including User Content, provided through the Service; or (iv) that the Service, its servers, the content, including User Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service in different languages. You agree that the original English text shall prevail in the case of a dispute. These Terms and Conditions was designed with the help of template by TermsFeed.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us through Our online contact form.
At present, Our correspondence language in English only.
November 17rd, 2023
