Terms and Conditions

These Terms of Use (“Agreement”) are entered into between TECH ADR IT SOLUTIONS PRIVATE LIMITED (“We/Us/Company”), a company incorporated under the provisions of Companies Act, 2013 having its registered address at Office No. 2906, Laxmi Baag, Ketkhadi, Vangaon Tal:, Dist:, Dahanu, Maharashtra 401103 and who are willing to avail our Product(s) and Services (as defined below) (“You/Your/ Users”) offered through our website https://turtos.com/ (“Website”).

This Agreement is an electronic record that forms an electronic contract under the Information Technology Act, 2000 and the rules made thereunder and as amended from time to time. This Agreement does not require any physical, electronic, or digital signature. By clicking on the I AGREE button, you agree to the terms and conditions of this Agreement.

1. INTRODUCTION

1.1 Turtos cards provides Near Field Communication (NFC) Contactless Business Cards (“Product(s)”) that share your profile information with just a tap or a scan by a mobile device. Upon purchase, you can use Company’s associated services by creating a profile of your own including name, email ID, contact number, social media links, etc. (“Services”) on the Website and integrate the Product purchased with such information. These Terms of Use contain important information about your legal rights, your use of the Website, Products, Purchases, and Services.

1.2 For the Purpose of this Agreement, Applicable Law shall mean all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, by-laws, notifications, guidelines, policies, directions, directives, circulars of Republic of India and regulations of any governmental authority of Republic of India as such are in effect as of the date hereof or as may be amended, modified, re-enacted or revoked from time to time hereinafter;

2. APPLICABILITY OF THIS AGREEMENT

2.1 This Agreement is a legally binding document between you and the Company. By using the website, purchasing the products, and using its services, you are acknowledging, without limitation or qualification, to be bound by this agreement, whether you have read the same or not.

2.2 This Agreement includes these Terms of Use and Privacy Policy and Return and Cancellation Policy which are incorporated here by way of reference, and you are requested to carefully read both these documents.

2.3 This Agreement is subject to revision by the Company at any time without any prior notice. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms contained in the Agreement. Your continued use of the Website, following such changes, will constitute your acceptance of those changes.

3. ELIGIBILITY TO USE

The Website is available for usage only to those Persons who are competent to Contract as per the Applicable Law. All persons who are minors, un-discharged insolvents, or incompetent to contract as per the Applicable law are not eligible to use the Website. The Company reserves the right to refuse you access to the Website if it is brought to the notice of the Company or if it is discovered that you do not possess the capacity to enter into this Agreement. If you are representing a business entity, you represent that you are duly authorized by such business entity, that you have the capacity to enter into this Agreement and have the authority to bind the business entity with this Agreement.

4. ACCOUNT CREATION AND REGISTRATION OBLIGATIONS

4.1 In order to be able to purchase the Product and use the associated Services of the Company through the Website, you may be required to register and open an account with the Website. You may choose among the various service plans available.

4.2 At the time of purchase and while using the Services on the Website, you agree to furnish all the requisite details and information that the Company may request from time to time. You shall be responsible for maintaining the confidentiality of all such information furnished to the Company including without limitation, login credentials, password, display name, etc. You further declare and affirm that all the details provided to the Company by you and uploaded on the Website are correct and true to the best of your knowledge and belief. If any information provided by you is incorrect, illegal, or against the provisions of any laws, the Company shall have the right to terminate this Agreement and deactivate your account on the Website without giving any refunds.

4.3 You may request the closure of your account at any time by putting a request in the “Deactivate Your Account” section. Upon receipt of your request, your account will be permanently deleted. However, from the date of receipt of the request till the date when the account is deleted, you may cancel the request and continue to use our Services. Upon deactivation, all the Services that were availed using the Website shall cease to be available.

4.4 Company may retain certain information after deactivation, including but not limited to your registered mobile no., email ID, GSTIN, etc. for audit purposes. At all times, this information will be handled in accordance with our Privacy Policy.

5. SCOPE OF WORK

5.1 You can place an order for our Products or Services from the Website. You are requested to read and check your order carefully before placing it;

5.2 Once you place an order on the Website, we will acknowledge the order and share an invoice with you on the Email-ID that is used to create an account on the Website. The Company reserves the right to not accept any order from you for any reason whatsoever. Non-acceptance usually depends on various factors like non-availability of the Product or Services, no shipping or not deliverable at your location, etc;

5.3 Upon purchase of the Product, you can use the Website to create your profile. This is the profile that you will share with people when the Product is scanned/tapped. You can change your profile details at any time by logging in;

5.4 The Company provides you with various free as well as paid Service packages for you to choose from. These can be chosen at the time of making the purchase of the Product. You may at any time upgrade your package or avail a package that suits you best;

5.5 Company will notify you well in advance on your registered Email ID about the expiration of a particular package. Upon expiration, you may either re-purchase any particular package or continue with our free package to avail minimum basic Services. To compare the packages, you can visit the website https://turtos.com/.

6. PAYMENTS

A. The Company provides multiple modes of payment. You can pay via Debit/Credit cards, UPI Payment, or net banking of all the popular banks;

B. All fees that are charged to you are exclusive of applicable national, provincial, state, local, or other taxes (“Applicable Taxes”) unless explicitly stated otherwise. You shall be responsible for all Applicable Taxes, and we charge taxes in addition to the cost of the Product when required to do so;

C. Company reserves the right to modify/change the amount charged for the Product(s); the amount of tax (in order to comply with the Applicable Law); or change any terms of this clause as it may think fit at any time without any prior notice to you. However, such modification/change shall be made applicable prospectively;

D. You agree and understand that all payments shall only be made to bank accounts of the Company. Company or its agents, representatives, or employees shall never ask you to transfer money to any private account or to an account not held in the name of the Company. You agree that if you transfer any amount against any registration/placement of order or transaction to any bank account that is not legitimately held by the Company or to any personal account of any person, Company shall not be held liable for the same. You shall not hold any right to recover from the Company any amount which is transferred by you to any third party;

E. You will not share your personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc. with any person including the agents, employees, or representatives of the Company. You shall immediately inform the Company if such details are demanded by any of its agents’ employees or representatives. Company shall not be liable for any loss that you may incur for sharing the aforesaid details;

F. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway for availing services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card. The information provided by you under this clause shall be handled by the Company in accordance with its Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The Website and the processes, and their selection and arrangement, including but not limited to all servers, text, graphics, user interfaces, visual interfaces, artwork, images, audio, videos, website templates and widgets, source code, object and computer code (collectively, the “Content”) on the Website is owned and/or controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. The company reserves the right to change or modify the Content from time to time at its sole discretion;

7.2 The trademarks, logos, and service marks displayed on the Website (the “Marks”) are the property of the Company. You are not permitted to use the Marks without the prior consent of the Company;

7.3 All the know-how, designs, and processes contained in the Product of the Company are either protected by Intellectual Property Rights or are applied for Intellectual Property Rights. Through the use of the Product, by no means any rights expressly or impliedly are granted to you in respect of such Intellectual Property and only a limited license is granted to you for the use of the Product;

7.4 Except as expressly indicated to the contrary herein, the Company hereby grants you a non-exclusive, revocable, and non-transferable right to view the Content available on the Website, subject to the following conditions:

A. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with this Agreement;

B. You may not modify or alter Content available on the Website;

C. You may not distribute or sell, license, or otherwise make the Content available on the Website available to others; and

D. The design, layout, or look and feel of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

7.5 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from the Company.

7.6 Company may enable you to upload, display, store, and transmit certain information (like your contact details, social media profile links, etc.) for the purpose of providing Services to you (“Your Information”). You are the owner of your Information and fully retain all rights, title, and ownership thereof. The Company offers no express or implied warranty for the security of Your Information except as provided under Company’s Privacy Policy. At all times, you shall be responsible for displaying appropriate information on the Website as per the Applicable Law.

7.7 Company shall not be liable for any misuse of Your Information by any third parties with whom you have shared Your Information using the Product.

8. YOUR COVENANTS

8.1 The Company grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website;

8.2 You agree to use the Website only for purposes that are permitted by: (a) this Agreement(s); and (b) any Applicable Law;

8.3 You agree not to access (or attempt to access) the Website by any means other than through the interfaces that are provided by the Company. You shall not use any deep link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

8.4 You shall solely be responsible for maintaining the necessary computer/mobile equipment, internet connections, and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchases and Services. You are responsible for all such fees.

8.5 You are advised to check the description of the Product carefully ordering on the Website.

8.6 You shall not collect any names, or email addresses of any User(s) of the Website for the purpose of advertisement, solicitation, or Spam. You shall not send unsolicited emails, junk mail, spam, promotions, or advertisements of any kind whatsoever.

8.7 You shall not indulge in any such activities that interfere with or disrupts access to the Website. You shall not upload any files that contain viruses, corrupted files, or any other similar software or programme that may damage the operation of the Website or another’s computer.

8.8 You shall not attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

8.9 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

8.10 You shall not disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;

8.11 You shall not use the Website for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other Third Parties;

8.12 You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;

8.13 You shall not violate any applicable laws or regulations for the time being in force within or outside India or violate any terms of this Agreement;

9. LIMITATION OF LIABILITY

9.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

9.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

9.3 The Website, the Product, and the Services therein are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise;

9.4 You expressly understand and agree that, to the maximum extent permitted by Applicable Law, Company will not be liable for any loss that you may incur as a consequence of unauthorized use of the Website, either with or without Your knowledge;

9.5 The Company has endeavored to ensure that all the information on the Website, information relating to Products and Services is correct, and not offensive, harmful, inaccurate, or deceptive. However, the Company neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information.

9.6 Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control. Company accepts no liability for any errors or omissions, with respect to any information provided to you on the Website.

9.7 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

10. TERM AND TERMINATION

10.1 You may terminate this Agreement by requesting to close your account at any time by putting a request in the “Deactivate Your Account” section on the Website. Upon receipt of your request, your account will be permanently deleted. However, from the date of receipt of the request till the date when the account is deleted, you may cancel the request and continue to use our Services. Upon deactivation, all the Services that were availed using the Website shall cease to be available.

10.2 Upon termination, your account with the Website will be deactivated and all the Services provided to you till the date of termination shall cease to exist.

11. INDEMNIFICATION

11.1 You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, contractors, agents, and their directors, officers, and employees (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, or result from, in connection with your breach of the Agreement(s).

12. RELATIONSHIP OF PARTIES

The arrangements between the Parties under this Agreement have been entered into on a principal-to-principal basis and do not create any employee-employer relationship between the Parties. Nothing contained in this Agreement shall be deemed to create any partnership, or joint venture between the Parties or a merger of their assets or their fiscal or other liabilities or undertakings or create any employment or relationship of principal and agent between the Parties.

13. DISPUTE RESOLUTION

13.1 This Agreement and all transactions entered into on or through the Website and the relationship between you and the Company shall be governed in accordance with the laws of India;

13.2 You agree that all claims, differences, and disputes arising under or in connection with or in relation to the Website, this Agreement, or any transactions entered on or through the Website or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts at Chennai, Tamilnadu, India and you hereby accede to and accept the jurisdiction of such courts.

14. WAIVER

The failure, with or without intent, of any Party hereto to insist upon the performance by the other Party, of any term or stipulation of this Agreement, shall not be treated as, or be deemed to constitute, a modification of any terms or stipulations of this Agreement. Nor shall such failure or election be deemed to constitute a waiver of the right of such Party, at any time whatsoever thereafter, to insist upon performance by the other, strictly in accordance with any terms or provisions hereof.

15. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. SEVERABILITY

If any term, condition, provision, covenant, or clause, etc., of this Agreement is held by a court of competent jurisdiction or by an amendment in the Applicable Law to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

17. COMMUNICATION AND NOTICES

All communications/requests or notices required to be given or made under this Agreement to the Parties shall be given in writing. Such communication/request or notice shall be deemed to have been duly given or made if the same is in writing and sent by i) e-mail; ii) by personal delivery; or iii) by registered post or by a recognized courier to the address of the relevant Party (if the same is not returned to the sender as undelivered, the communication/request or notice shall be deemed to have been given, seven days after the envelope containing it was so posted).

The address and other details of the Parties for the purpose of communication, unless otherwise notified in writing to the other Parties shall be as follows:

For the Company:

Name: TECH ADR IT SOLUTIONS PRIVATE LIMITED

Address: Office No. 2906, Laxmi Baag, Ketkhadi, Vangaon Tal:, Dist:, Dahanu, Maharashtra 401103

Email ID: [email protected]

For You:

The contact details given by you at the time of the creation of your account on the website.

18. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.