Please read the following terms carefully before using this service
This Terms of Service Agreement made between Voonik Technologies Pvt. Ltd. (henceforth Voonik) online service of the first part and You of the second part is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Voonik will always include, at a minimum, the terms and conditions set out in this document.
Voonik does not sell its own products or services but merely acts as a platform to other service - providers.
2. Accepting the Terms
2.1 Voonik shall interact with customers / clients through e-mail, a form on our website, chat
program on our website and phone call, Skype or similar service. By clicking a button or
checkbox on a website. you accept and agree to the terms, where this option is made
available to you by Voonik in the user interface for any offering.
2.2 In order to use the offering, you must first agree to the terms. You may not use the
offering if you do not accept the terms.
3. Provision of the offering by Voonik
3.1 Voonik will attempt to continuously innovate in order to provide the best possible
offering for its users. You acknowledge and agree that the form and nature of the offering
which Voonik provides may change from time to time.
3.2 You acknowledge and agree that Voonik may stop (permanently or temporarily)
providing the offering (or any features within the offering) to you or to users generally at
Voonik's sole discretion.
3.3 You acknowledge and agree that if Voonik disables access to your account or login route,
you may be prevented from accessing the offering, your account details or any files or other
content which is contained in your account.
3.4 You acknowledge and agree that while Voonik may not currently limit your use of the
offering in any way, it may do so if that use hinders with the ability of Voonik to carry on its
operations or the ability of other customers to use the offering.
3.5 The supply of the offering will be subject to your making payments, if any, at the regular
intervals as stated in the contract for the service. In the event that your account is terminated
or access is disabled, or the service is permanently or temporarily stopped, Voonik's liability
shall extend only to forfeiting the outstanding amount due for the current billing cycle.
Voonik shall not be made liable or called on to repay any amount paid during any previous
3.6 Voonik shall not be responsible for any loss or damage caused by a modification of the
features, limitation of use of the offering or the discontinuation altogether thereof.
4. Use of the offering by you
4.1 In order to access certain offering, you may be required to provide information about
yourself as part of the registration process for the service, or for your continued use of the
offering. You agree that any registration information you give to Voonik will always be
accurate, correct and up to date.
Voonik can share customer/ client information with employees and agents (for eg. you may
share addresses with delivery agents), any company which acquires Voonik, to the
Government or law enforcement agencies (if officially requested or required by Order,
Notification, Statute or Court Order) and with anyone else, with the consent of the customer /
4.2 You agree to use the offering only for your personal, non-commercial use and for
purposes that are permitted by (a) the terms and (b) any applicable law, regulation or
4.3 You agree not to access (or attempt to access) any of the offering by any means other than
through the interface that is provided by Voonik, unless you have been specifically allowed
to do so in a separate agreement with Voonik.
You specifically agree not to access (or attempt to access) any of the offering through any
automated means (including through the use of scripts or web crawlers).
4.4 You agree that you will not engage in any activity that interferes with or disrupts the
offering (or the servers and networks which are connected to the offering).
4.5 Unless you have been specifically permitted to do so in a separate agreement with
Voonik, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the
offering for any purpose.
4.6 You agree that you are solely responsible for (and that Voonik has no responsibility to
you or to any third party for) any breach of your obligations under the Terms and for the
consequences (including any loss or damage which Voonik may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible to Voonik and to third parties for
maintaining the confidentiality of passwords associated with any account you use to access
You will be solely responsible for all activities that occur under your account.
5.2 Voonik will take due care to ensure the confidentiality of your credentials. You agree and
acknowledge that in the very unlikely event of your credentials becoming known to a third
party on account of an intrusion into Voonik database, Voonik shall not be made liable for
the resulting damages.
5.3 If you become aware of any unauthorized use of your password or of your account, you
agree to notify the concerned official at Voonik immediately.
6. Content in the offering
6.1 You understand that all information (such as data files, written text, computer software,
or images) which you may have access to as part of, or through your use of, the offering are
the sole responsibility of the person from which such content originated.
6.2 You should be aware that content presented to you as part of the offering, including but
not limited to advertisements and promotional material of Voonik or other companies, is
protected by intellectual property rights which are owned by Voonik, or the sponsors or
advertisers who provide that content to Voonik (or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work
based on this content (either in whole or in part) unless you have been specifically told that
you may do so by Voonik or by the owners of that content, in a separate agreement. Any
content being disseminated using Voonik's sales network or the product, service or platform
may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed.
Any spam or pornographic material and / or any illegal content will be immediately deleted
and we reserve the right to take appropriate legal action.
6.3 You agree that you are solely responsible for (and that Voonik has no responsibility to
you or to any third party for) any content that you create, transmit or display while using the
offering or for the consequences of your actions (including any loss or damage which Voonik
may suffer) by doing so.
6.4 You understand that by using the offering you may be exposed to content of other users
that you may find offensive, indecent or objectionable and that, in this respect, you use the
offering at your own risk. Voonik shall not be made responsible for any repugnant content
circulated on its offering by other users.
6.5 On noticing any such content, it is your duty to bring it to the attention of Voonik
officials immediately, who will take due care to delete it from the offering.
7. Intellectual Property rights
7.1 You acknowledge and agree that Voonik (or Voonik's licensors) owns all legal right, title
and interest in and to the offering, including any intellectual property rights which subsist in
the offering (whether those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the offering may contain information
which is designated confidential by Voonik and that you shall not disclose such information
without Voonik's prior written consent.
7.2 Unless Voonik has otherwise agreed in writing, nothing in the terms gives you a right to
use any of Voonik's trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features. You additionally agree that in using the offering, you will not use
any trade mark, service mark, trade name, logo of any company or organization in a way that
is likely or intended to cause confusion about the owner or authorized user of such marks,
names or logos.
8. License from Voonik
8.1 Voonik gives you a personal non-exclusive license to use the software provided to you by
Voonik as part of the offering as provided to you by Voonik. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the offering as provided by Voonik,
in the manner permitted by these terms.
8.2 You are not entitled to commercially exploit, either directly or by sale, or transfer
commercially or profit from the offering and products.
8.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative
work of, reverse engineer, decompile or otherwise attempt to extract the source code of the
software or any part thereof.
8.4 Unless Voonik has given you specific written permission to do so, you may not assign (or
grant a sub-license of) your rights to use the service or otherwise transfer any part of your
rights to use the service.
9. Ending your relationship with Voonik
9.1 The Terms will continue to apply until terminated by either you or Voonik as set out
9.2 Voonik may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the terms (or have acted in manner which clearly
shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) Voonik is required to do so by law (for example, where the provision of the offering to
you is, or becomes, unlawful)
9.3 When these terms come to an end, all of the legal rights, obligations and liabilities that
you and Voonik are subject to in relation to the obligation to maintain confidentiality or such
other legal rights, obligations and liabilities which are expressed to continue indefinitely,
shall be unaffected by this cessation.
10. EXCLUSION OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED
AS IS AND AS AVAILABLE.
10.2 IN PARTICULAR, VOONIK DOES NOT REPRESENT OR WARRANT TO YOU
(A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE
OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
OFFERING WILL BE ACCURATE OR RELIABLE, AND
10.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND
VOONIK WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
10.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM VOONIK OR THROUGH OR FROM THE OFFERING SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.5 VOONIK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT VOONIK SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT
NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY
LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR OFFERING, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING
BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH VOONIK MAY MAKE TO THE OFFERING, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
(III) YOUR FAILURE TO PROVIDE VOONIK WITH ACCURATE
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL;
12. Other content to which references are made, links are provided, etc.
12.1 The offering may include hyperlinks to other web sites or content or resources. Voonik
may have no control over any web sites or resources which are provided by companies or
persons other than Voonik.
12.2 You acknowledge and agree that Voonik is not responsible for the availability of any
such external sites or resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.
12.3 You acknowledge and agree that Voonik is not liable for any loss or damage which may
be incurred by you as a result of the availability of those external sites or resources, or as a
result of any reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such web sites or resources.
13. Changes to the Terms
13.1 Voonik may make changes to the terms from time to time. The same will be
communicated to you, on the website, without prior intimation to you. Your continued use of
the offering will indicate your acceptance of the modified terms.
When these changes are made, Voonik shall make the amended copy of the terms available in
an accessible location.
13.2 You understand and agree that if you use the offering after the date on which the terms
have changed, or after the date by which you have to respond as per these terms has passed,
Voonik will treat your use as acceptance of the amended terms.
14. General legal terms
14.1 Sometimes when you use the offering, you may (as a result of, or through your use of
the offering) use a service or download a piece of software, or purchase goods, which are
provided by another person or company. Your use of these other offering, software or goods
may be subject to separate terms between you and the company or person concerned.
14.2 The terms constitute the legal agreement between you and Voonik and govern your use
of the offering, but without prejudice to any additional terms which may be part of an
agreement specific to the service you wish to avail of. (but excluding any offering which
Voonik may provide to you under a separate written agreement), and completely replace any
prior agreements between you and Voonik in relation to the offering.
14.3 You agree that if Voonik does not exercise or enforce any legal right or remedy which is
contained in the terms (or which Voonik has the benefit of under any applicable law), this
will not be taken to be a formal waiver of Voonik's rights and that those rights or remedies
will still be available to Voonik.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any
provision of these terms is invalid, then that provision will be removed from the terms
without affecting the rest of the terms. The remaining provisions of the terms will continue to
be valid and enforceable.
14.5 The terms, and your relationship with Voonik under the terms, shall be governed by the
laws of india.
You and Voonik agree that any dispute will be referred to arbitration, with the arbitral panel
consisting of three arbitrators, one arbitrator being chosen by each party and a third being
jointly appointed by the two arbitrators so chosen.