WhoICard Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the WhoICard Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

WhoICard reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

• You must be 18 years or older to be part of this Program.
• You must live in the United States to be an Affiliate.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. WhoICard cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one account.
• You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You may not use the Affiliate Program to earn money on your own WhoICard product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to WhoICard. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the WhoICard. You must ensure that each of the links between your site and the WhoICard properly utilizes such special link formats. Links to the WhoICard placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a WhoICard product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://store.WhoICard.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a WhoICard Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of WhoICard or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://store.WhoICard.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. WhoICard reserves the right to end the Program at any time. Upon program termination, WhoICard will pay any outstanding earnings accrued above $20.

Termination

WhoICard, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other WhoICard service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. WhoICard reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the WhoICard will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of WhoICard to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WhoICard and govern your use of the Service, superceding any prior agreements between you and WhoICard (including, but not limited to, any prior versions of the Terms of Service).

We believe in the importance of being able to control who gets what information. This not only means you want your coworker to have your work email, and your friend to have your personal phone number, but it also means there are people who shouldn’t have any of your information.

We’ve made several choices in how WhoICard is built to ensure only the people you choose to share with get the details you choose to share.

This Privacy Policy sets forth WhoICard (“WhoICard ”, “we”, “us”, or “our”) privacy practices in connection with WhoICard ’s website located at https://WhoICard .in/ (the “Site”). This Privacy Policy applies only to information collected by WhoICard from users of our Services and visitors of our websites.

Please read the following carefully to understand how we will collect, use, and maintain your personal information. It also describes your choices regarding the use, access, and correction of your personal information.

The WhoICard Service

WhoICard organizes and provides efficient means to access and receive updates regarding your contacts, and to share your own information with your contacts. The WhoICard Service may additionally connect with third party software platforms which you have authorized to connect with WhoICard (“Third Party Platforms”).

‍

What Is Personal Information?

“Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, address, telephone number, mobile number or e-mail address, an identification number, location information, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Sensitive Personal Information” means racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union members, the processing of genetic, biometric data for purposes of uniquely identifying a natural person, and information concerning an individual’s health, sex life, or sexual orientation. We treat your Personal Information and Sensitive Personal Information as confidential.

“Other Information” is any information that is not Personal Information or Sensitive Personal Information. Personal Information does not include anonymized or “aggregate” information, or publicly available information that has not been combined with Personal Information or Sensitive Personal Information.

What Information Do We Collect And When Do We Collect It?

We may collect your Personal Information in the following circumstances:

When you voluntarily provide it to us, such as when you register for an account with your email and password, or by using a social login (“WhoICard Login Credentials”), send us an email or post information or other content to our Site or Service;

When you connect a Third Party Platform with your WhoICard account we will receive information from that service (such as your username, basic profile information) via the authorization procedures used by that service. Any additional information we receive depends on which services you authorize and any options that are available;

If you purchase a subscription to the Service requiring billing or payment information, we require that you provide certain additional Personal Information, including your address, phone number, and credit card number (“Payment Information”). This information is necessary to process your requests and to contact you; and

When you accept another user’s invitation to connect on the Service.

When you utilize the Service, we also receive certain Other Information about you or your use of the Service. Such Other Information may be collected using various technologies, including:

Logs: We track the data you see in WhoICard and how you interact with it by automatically collecting certain information such as, the pages you visit or features you use within the Service, the date and time of your activities on the Service, the URLs from the websites you visit before and after navigating to the Service, your software and hardware attributes (including operating system type and version, App version, device type, and device identifiers, including IDFA and/or Advertising IDs), your browser type and version, and your general geographic location derived through your IP address (e.g., your city, state, or metropolitan region). To obtain such information, we may use web logs or applications that recognize your device and gather information about its online activity. We treat this information as confidential if we combine it with or link it to any of your Personal Information. We use tracking data about individuals to inform us about how WhoICard is being used to help us provide a better user experience.

Cookies: Like almost all websites today, WhoICard uses cookies to determine whether you are logged in on your device and to recognize repeat visitors. We send cookies to your device in order to uniquely identify your browser and improve the quality of our Service. Cookies are small pieces of information that a website sends to your device’s hard drive while you are viewing a site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). If you wish to restrict or block the cookies which are set by WhoICard , or by any other website, you can do this through your browser settings. Please note, if you choose to disable cookies, some of our Service may not work properly or at all.

Web beacons: The Service or the emails that you receive from us may use an application known as a “web beacon” (also known as a “clear gif” or “pixel tag”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information. For example, it allows an email sender to determine whether a user has opened a particular email.

Local storage: We may collect and store information (including Personal Information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

WhoICard keeps Personal Information contained in your cookies and obtained through the other tracking technologies confidential. We do not set any cookies outside of the WhoICard .in domain.

We also may partner with certain third parties to collect, analyze, and use some of the Personal and Other Information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Service or in email communications from WhoICard . This information may be used for a variety of purposes, including analytics.

How Do We Use the Information We Collect?

We use your Personal Information and Other Information collected through our Service for the following purposes:

to enable you to share Personal Information and connect to and communicate with other users;

to provide our Service or information you request, and to process and complete any transactions;

to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;

to monitor and analyze usage of the Service and trends, and to personalize and improve our Service and our users’ experiences on our Service, such as content, or features that match their profiles or interests, and to increase the functionality and user friendliness of our Service;

to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, our Service;

to contact you about the Service in which you have expressed interest or that might be of interest to you; and

for any other purpose for which the information was collected.

What Information Do We Share With Third Parties?

WhoICard exists to make your professional network more actionable, not to sell your data. However, we share personal information as follows:

Other users you connect with on the Service: The core functionality of the WhoICard Service allows you to share your Personal Information with other users, and to receive the Personal Information of those other users. When you invite another user to connect with you, either via the interface of the Service, or by sharing a QR code, link or other personal identifier generated by the Service, your Personal Information will be provided to people who view or access such code, link or identifier. You can control which information you share via the settings provided within the Service.

With Your Consent: We may share your Personal Information when you give us your consent to do so, including if we notify you on our Service that the information you provide will be shared in a particular manner and you provide such information.

‍

Service Providers, Agents and Related Third Parties: We sometimes hire other companies to help us provide the Service to you. Examples include third-party payment processors, companies who send emails on our behalf, cloud-hosting providers and other service providers who work with us in connection with the operation of our Service. Such service providers are only provided with the information they need to perform their specific function will only use your Personal Information to perform the services requested by us, and we make efforts to ensure they are subject to confidentiality restrictions consistent with this Privacy Policy.

‍

Legal Processes: We may also disclose your Personal Information if required to do so by law or when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants or court orders; when we believe that disclosure is necessary to protect our rights or the rights, property or safety of others; to enforce or apply our Privacy Policy, our Terms of Service or our other policies or agreements.

‍

Business Transfers: We might sell or buy business assets. We may share your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of our business assets.

‍

Analytics: We partner with certain third parties to collect the Other Information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies or use similar tracking technologies on your computer or other device.

‍

Aggregated information: We may share aggregated demographic information about our user base with our partners. Such aggregated information does not identify individual users. We do not link this aggregate user data with personal information. Our Privacy Policy does not restrict or limit our collection and use of aggregate user data.

User Communications

You may choose to provide us with another person’s email address so that person may be invited to create an account on our Service. By providing us with another person’s email address, you represent to us that you have obtained the consent of the person concerned as regards such disclosure to us of that email address. We may disclose such information if required to do so in order to comply with legal process, as described above.

Links to Other Sites

Our Service may contain links to other sites. Any Personal Information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. Our Privacy Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these sites or any other sites that are linked to from our Service.

What Steps Do We Take To Protect Your Information?

We use reasonable physical, technical, and administrative security measures to protect your Personal Information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

What Choices Do You Have Regarding the Use of Your Information?

You may withdraw your consent to process your Personal Information at any time by providing written notice. If you do so, you will be unable to use the Service.

You may “opt out” of receiving marketing or promotional communications from us by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as emails about your WhoICard account or our ongoing business relations.

Your Rights: Reviewing, Changing or Deleting Your Information

You may review, update, correct or delete the Personal Information in your account from within the Service itself. You also authorize us, on your behalf, and in accordance with your account preferences to delete information when not reasonably needed for the Service. If you have shared your Personal or Other Information with others and they have not deleted it, or it was copied or stored by other users, WhoICard will not be obligated to delete such information.

Retention of Your Information

We retain information for as long as reasonably necessary to deliver our Service to you or to fulfill the purposes described in this Policy. You may delete the Personal Information in your account as described above. Please note that, in limited circumstances, we may retain information for a longer period of time as required by law.

Lawful Bases for Processing

We will only collect and process Personal Information about you where we have lawful bases. Our lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you, such as when you purchase a subscription to the Service) and our legitimate interests (such as to comply with applicable laws and enable or administer our business).

Minors

Our Services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information from our files.

Changes to our Privacy Policy

WhoICard may update this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post those changes on this page with an “effective date” indicating when the changes will take effect. We encourage you to review this Privacy Policy periodically. If you have questions or concerns regarding our Privacy Policy, please contact us at: support@WhoICard .in

Cancellation Policy

If you wish to cancel your subscription, you can do so by sending us an email on support@WhoICard .in com within 24 hours of placing the order. In case of cancellation of the order within the timeline, you will be charged 2.5% as payment gateway charges and the balance will be refunded to the cardholder and credited through the same payment instrument in 7-10 working days or as per the Bank’s guidelines.

Please read these terms & conditions carefully. By using WhoICard or signing up for an account, you’re agreeing to these Terms and conditions. This is a legal agreement. For the purpose of the terms and other policies we may refer to WhoICard and/or its services as “WhoICard ”, “WhoICard Services”, “we” or “us” and the client as customer” or “you”.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. For existing users of the Services, any such changes will become effective no earlier than fourteen days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and for new users signing up for the Services, any changes will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WhoICard ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://WhoICard .in/front/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Description of Services: The Services are software accessed over the internet and via mobile devices for the purpose of sharing, updating, storing, accessing and otherwise using your own contact information and the contact information of other people in your network.

Your Registration Obligations: You are required to register with WhoICard in order to access and use the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service. In addition, if you are under 18 years old, you may use the Service only with the approval of your parent or guardian.

Security of your account: You agree to be responsible for any act or omission of any users that access the Services under your account. You agree to immediately notify WhoICard of any breach of security of which you become aware.

Access to the Service: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service. You are responsible for ensuring that such equipment and services are compatible with the Service, and, to the extent applicable, the Software (as defined below), and complies with all configurations and specifications set forth in WhoICard ’s published policies then in effect.

Modifications to the Service: WhoICard reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WhoICard will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that WhoICard may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on WhoICard ’s servers on your behalf. You agree that WhoICard has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that WhoICard reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that WhoICard reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text, images, video or other materials (“Content”) that you upload, post, publish, display, transmit or send (collectively, “Transmit”) or otherwise use via the Service. WhoICard reserves the right to investigate and take appropriate legal action against anyone who, in WhoICard sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and billing frequency (annual or monthly) as described on https://WhoICard .in/#pricing and provide WhoICard information regarding your credit card or other payment instrument. You represent and warrant to WhoICard that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay WhoICard the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize WhoICard to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. YOU ACKNOWLEDGE AND AGREE THAT (A) WhoICard (OR OUR PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY OR YEARLY) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES AND (B) YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT [support@WhoICard .in] OR VIA THE INTERFACE OF THE SERVICES; PROVIDED, THAT, ANY SUCH CANCELATION WILL BE EFFECTIVE AT THE END OF YOUR CURRENT ANNUAL OR MONTHLY BILLING PERIOD, AND THAT CANCELATION WILL NOT RESULT IN ANY REFUND OF PREPAID FEES. If you dispute any charges you must notify WhoICard in writing within sixty (60) days after the date that WhoICard charges you. We reserve the right to change WhoICard ‘s prices. If WhoICard does change prices, WhoICard will provide notice of the change through the Service or in email to you, at WhoICard ‘s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. WhoICard may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by WhoICard thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Services based on WhoICard ‘s net income.

Business Accounts: If you have been provided access to the service as part of your employer’s business account with WhoICard , then you acknowledge that your right to access and use the Service is subject to the terms of a separate agreement between WhoICard and your employer. Your access to the Service may be revoked by your employer at any time.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WhoICard you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WhoICard from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of WhoICard , our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WhoICard .

The WhoICard name and logos are trademarks and service marks of WhoICard (collectively the “WhoICard Trademarks”). Other WhoICard , product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WhoICard . Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WhoICard Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of WhoICard Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will WhoICard be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that WhoICard does not pre-screen content, but that WhoICard and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the Content or other materials you transmit through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By transmitting any User Content through the Service, you hereby grant and will grant WhoICard and its affiliated companies a license to perform the actions necessary to deliver User Content to the intended recipients. You also acknowledge and agree that User Content does not include any System Data. System Data is owned by WhoICard “System Data” means aggregated and anonymous user and other data regarding the Services that may be used to generate logs, statistics and reports regarding performance, availability, integrity and security of the Services. System Data does not include the contact information or Personal Data of your contacts that you upload or receive through the Service.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you to WhoICard (“Submissions”), and any User Content that you make available through the Service in a manner that allows other users of the Service and/or members of the general public not specified or identified by you to access your User Content (“Public User Content”) are non-confidential and WhoICard will be entitled to the unrestricted use and dissemination of these Submissions and Public User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that WhoICard may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WhoICard , its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices

Third Party Services

The Service may provide, or third parties may provide, links or other access to other sites, services, products, and resources on the Internet (“Third Party Services”). WhoICard has no control over such Third Party Services and WhoICard is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that WhoICard will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Service. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that WhoICard is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WhoICard EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WhoICard MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WhoICard WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WhoICard HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WhoICard ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WhoICard IN THE LAST SIX (6) MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE APPLICABLE STATE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and WhoICard , whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and WhoICard are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WhoICard AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WhoICard AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution

WhoICard is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@WhoICard .in. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If WhoICard and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or WhoICard may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WhoICard or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WhoICard is entitled.

Termination

You agree that WhoICard , in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if WhoICard believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. WhoICard may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that WhoICard may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WhoICard will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and WhoICard will have no liability or responsibility with respect thereto. WhoICard reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and WhoICard and govern your use of the Service, superseding any prior agreements between you and WhoICard with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Gujarat without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and WhoICard agree to submit to the personal and exclusive jurisdiction of the state and federal courts. The failure of WhoICard to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of WhoICard , but WhoICard may assign, sublicense, or transfer any or all of its rights and obligations under this Terms of Service without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.