Terms and Conditions

Eligibility

By registering with Virtual11 and accessing the Virtual11 Services, you are representing the following: a. You are 18 years of age or older; b. You are capable of entering into a legally binding agreement; and c. You are not barred or otherwise legally prohibited from accessing or using the Virtual11  App and Virtual11  Services. If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Virtual11 does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements. Please read the terms and conditions carefully before registering, accessing or using the Virtual11 Services (defined below) offered through the Virtual11.in website, Virtual11 App (defined below) or through applications or websites of Virtual11 Entities (defined below). These terms and conditions are a legal contract ("Terms of Use") between You and Virtual11 Private Limited having its registered office in Gujrat. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the Virtual11 Services and/or immediately terminate the Services and/or uninstall the Virtual11 App

1. Definitions

 User means any prospective user, or registered user of Virtual11 and Virtual11 Group Entities, including but not limited to customers and Commercial Partners. “Virtual11 App” means mobile application(s), hosted by Virtual11 and Virtual11 Group Entities for providing services to the Users, and Commercial Partners. “Virtual11 Group Entities” means subsidiaries and affiliates of Virtual11 . ‘Virtual11 Platform” means any platform owned/subscribed/used by Virtual11 or Virtual11 Group Entities including but not limited to the Virtual11 Website, the Virtual11 App, other mobile applications, devices, URLs/links, notifications, chatbots, Virtual11 social media channels or any other communication medium or mechanism used by Virtual11  or Virtual11 Group Entities to provide services to the Users. “Virtual11 Website” means https://Virtual11.in or any other website hosted or registered by Virtual11 or Virtual11 Group Entities. “Virtual11 Services” means and include all services offered / to be offered by Virtual11 , and Virtual11 Group Entities either directly or through its Commercial Partners including but not limited to Rewards and Virtual11 Mall Services; and in relation to Merchants, also includes Payment Aggregator Services. “Commercial Partner” means any individual or entity with whom Virtual11 or Virtual11 Group Entities have a contractual relationship and includes but is not limited to entities offering rewards on Virtual11 App, Sellers, etc. “Sellers” means entities offering goods for sale to the Users via Virtual11 Mall. “Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms.

2. Your Use of Virtual11 

You agree that: a. Unless otherwise permitted by Virtual11 in writing, You may only possess one account. b. Your use of the App shall not violate any applicable law or regulation. c. Your use of the Virtual11 App, and Virtual11 Platforms shall be only for personal purposes. d. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account. e. You are responsible for all activity that occurs under your account. f. You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify Virtual11 of any unauthorized use of your passcode or account or any other breach of security. g. You agree that You are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your Virtual11 App, (ii) permit them to transact on Your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner. h. You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Virtual11 App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices. i. You shall not access or use the Virtual11 App in any manner that (i) may be harmful to the operation of the Virtual11  App or its content; (ii) may be unlawful; (iii) maybe harmful to Virtual11 or to any other User; (iv) may hinder the other User’s enjoyment of the Virtual11  App; or (v) to defraud other Users, Virtual11 or any Commercial Partner. j. You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Virtual11 App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Virtual11  App. k. You shall not delete or modify any content of the Virtual11  App. l. Your use of the Virtual11 App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Virtual11 Services. Please note that your continued use of the Virtual11 App following such Updates would mean deemed acceptance by you of the same. m. You understand and accept that not all products, services and rewards offered on the Virtual11 App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by Virtual11 Virtual11 the Virtual11 App or other Virtual11 Platforms. Virtual11 reserves the right to determine the availability and eligibility for any product, services and rewards offered on the Virtual11 App or any Virtual11 Platform. n. You shall request Virtual11 , to block the Account and change the passcode immediately for the account, if your device has been lost or stolen.

3. Supplemental Terms and delivery of services through Virtual11 Group Entities

You agree and acknowledge that several features including but not limited to Rewards, are subject to certain supplemental Terms of Use set out below. Your usage of any features that have a set of Supplemental Terms of Use is deemed to be acceptance of the said Supplemental Terms of Use.

4. Violation of Terms of Use / Suspicious Activity

If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, Supplemental Terms applicable to certain services or any agreements consented to via the Virtual11 App, we reserve the right to suspend your access to the Virtual11 App and/or delete your account without prior notice to You. If We have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the Virtual11  Services. If we suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that purports to artificially increase (or decrease) your transaction volume or usage of the App; (iv) that is designed to deliberately side step fair use restrictions; (v) that may result in you gaining an undue, unfair or unethical advantage over other Users or Commercial Partners; (vi) that is intended to cause losses or other harm to Commercial Partners, Virtual11 reserves the right to reverse the relevant transaction, suspend the account or restrict you from using the App in its entirety or any specific feature(s) thereof. You may reach out to the Virtual11  support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.

5. Termination / Deletion of Your Account

You may end your legal agreement with Virtual11 at any time by deactivating your account and discontinuing the use of the Virtual11 Services. We provide all our Users an option through which a User may request archive of a specific card stored on his/her account or deletion/deactivation of the complete account through the support section on the Virtual11 App. Following a request for deletion, or termination of account by Virtual11 , We consider the agreement to be terminated and take appropriate steps. Provided however, Virtual11 may continue to maintain transaction records for record keeping purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account including but not limited to the obligation to repay any loan or credit line availed by You. Virtual11  may continue to retain a record of your transactions made on the Virtual11 App for regulatory and archival purposes.

6. Fees

You are responsible for any fees that may be applicable to certain transactions or use of the Virtual11 App; where you will be notified of such applicable fees, prior to the completion of any transaction. By clicking ‘Proceed’ / ‘Submit’ / ‘Continue’ or any other similar button on the Virtual11 App, You shall be deemed to have consented to the fees displayed on the said page.

7. Loyalty Points

Virtual11 offers its users loyalty points in various forms for their regular and continuous use of the Virtual11 App. These loyalty points are provided for performing various actions on the Virtual11 App. Each user who makes a payment towards a product through the Virtual11 App earns loyalty points (“Virtual11 Coins” or “Coins”). Users are issued Coins at a one-to-one conversion i.e. every one rupee paid towards product payment equals to one Coin received by the User. Similarly, each user can also earn Coins for referring users to the Virtual11 App. A user may get rewarded upto 1000 (Thousand) Coins for each successful referral. These loyalty points are rewarded purely for the regular use of the Virtual11 App and the Virtual11 App does not permit any purchase or accrual of these loyalty points in any other way. These loyalty points may be redeemed by Users to participate in various rewards/offers that are run by the Virtual11 App for all users from time to time. Virtual11 reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to the User’s activities. Further, Virtual11 reserves the right to disqualify any User, who does not meet the offer requirements or for any other reason including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any loyalty points. Virtual11 also reserves the right to discontinue or change or issue any new form of loyalty points offered at any time, at its sole discretion. Every Coin will expire 3 Years after they were issued. Virtual11 may also at its discretion specify an expiry period for the Coins.

8. Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use

9. Disclaimer

The Virtual11 Services, including all content, software, functions, material, and information made available or accessible through the Virtual11 Platform are provided “as is”. Virtual11 , Virtual11 Group Entities and their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services. Virtual11 does not warrant that the functions contained in content, information and materials on the Virtual11 App, including, without limitation any third-party sites or services linked to the Virtual11 App or any Virtual11  Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Virtual11 App or the servers that make such content, information, and materials available are free of viruses or other harmful components. Further, You understand that a payment transaction is solely between the User who uses the Virtual11 Services to make his payment (“Sender”) and the User who receives such payment from the Sender (“Recipient”) and that Virtual11 does not provide any guarantees or warranties to any User with respect any service, goods, or delivery level commitment provided by the Recipient. Virtual11 cannot assure that Commercial Partners or other Users are or will be complying with the foregoing Terms of Use or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other User or Commercial Partner. You should ensure that you have undertaken adequate due diligence prior to transferring payments using the Virtual11 App.

10. Limitation of Liability

In no event shall Virtual11 , Virtual11 Group Entities, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Virtual11 has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Virtual11 Platforms, Virtual11 App or Virtual11 Services. In no event shall Virtual11  and Virtual11 Group Entities’ total cumulative liability to You in connection with the Virtual11 Services for all damages, losses and causes of action (whether arising under contract or otherwise), arising from or relating to Your use of the Virtual11 App and Virtual11 Platforms or arising from these Terms of Use exceed INR 10,000 (Indian Rupees ten thousand only).

11. Indemnity

You agree to defend, indemnify and hold harmless Virtual11 , Virtual11 Group Entities, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from: a. your use of and access to the Virtual11  App and the Virtual11 Platforms; b. your violation / breach of any of these Terms of Use; your violation of any third party right, including any intellectual property right or privacy right; d. the committing of any of the prohibited activities as stated herein; e. your failure to be in compliance with applicable law, including tax laws and cyber security laws; or f. any claim that your use of the Virtual11  App caused damage to a third party.

12. Disputes & Arbitration

Any dispute or claim relating in any way to your visit to the Platform or to products or services sold or distributed by Virtual11 or through the Platform will be resolved first by arbitration. The Indian Arbitration and Conciliation Act of 1996 and including its amendments thereof applies to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim in detail to our address available on the Platform. The arbitration will be conducted in New Delhi by an independent arbitrator appointed by Virtual11 . The costs of arbitration proceedings will be borne by the party so instructed by the arbitrator, on merits of the case. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

13. Use and Protection of Intellectual Property Rights

Virtual11 App, Virtual11 Website,  Virtual11 and the Virtual11 Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the Virtual11 App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the Virtual11 App and the Virtual11 Platforms, subject to your agreement of these Terms of Use. Virtual11 , Virtual11 Group Entities, and its licensors, if any, are the sole owners of the underlying software and source code associated with the Virtual11 App and Virtual11 Platforms as well as any other intellectual property rights of any other nature associated with the Virtual11 App, Virtual11 Platforms and their content. When you upload, submit, store, send or receive content that may include feedback to or through the Virtual11 App, you give Virtual11 and Virtual11 Group Entities a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by Virtual11 or Virtual11 Group Entities. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Virtual11 Services, and to develop new ones. This licence continues even if you stop using the Virtual11 Services.

14. Tax Liability

You hereby agree to comply with any and all applicable tax laws in connection with your use of the Virtual11 Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the Virtual11 App, or funds/income received through the Virtual11 Services. You hereby agree and acknowledge that if and when required by applicable law, Virtual11, may deduct tax deducted at source from your winnings/ cashback and/or may require You to submit PAN details before providing you cashback or other winnings.