TERMS AND CONDITIONS

    Last updated December 17, 2024

    1. AGREEMENT TO OUR LEGAL TERMS

    We are Polarcut Technologies PVT. LTD. ('Company', 'we', 'us', or 'our').

    We operate the website https://www.polarcut.io (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

    These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Polarcut, concerning your access to and use of the Services.

    Vizio is a product of Polarcut Technologies PVT. LTD.

    Polarcut Technologies PVT. LTD. is owner of vizio.co.in

    You can contact us by phone at (+91)9888850580, email at rohan@polarcut.io, or by mail to 7th floor, Palm Court, 704, Mehrauli-Gurgaon Rd, Industrial Estate, Sector 16, Gurugram, Haryana 122007

    2. OUR SERVICES

    The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

    Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    3. INTELLECTUAL PROPERTY RIGHTS

    Our intellectual property

    We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

    Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

    The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

    Your use of our Services

    Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

    • access the Services; and
    • download or print a copy of any portion of the Content to which you have properly gained access

    solely for your personal, non-commercial use or internal business purpose.

    Your submissions and contributions

    By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission.

    If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:rohan@polarcut.io.

    4. USER REPRESENTATIONS

    By using the Services, you represent and warrant that:

    • All registration information you submit will be true, accurate, current, and complete
    • You will maintain the accuracy of such information and promptly update such registration information as necessary
    • You have the legal capacity and you agree to comply with these Legal Terms
    • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services
    • You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
    • You will not use the Services for any illegal or unauthorised purpose
    • Your use of the Services will not violate any applicable law or regulation

    5. USER REGISTRATION

    You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

    6. PURCHASES AND PAYMENT

    We accept the following forms of payment:

    PayPalDiscoverAmerican ExpressMastercardVisa

    You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

    All payments shall be in US dollars. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

    We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

    7. SUBSCRIPTIONS

    Billing and Renewal

    Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

    Free Trial

    We offer a 15-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.

    Cancellation

    You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. For questions or assistance, please email us at rohan@polarcut.io.

    Fee Changes

    We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

    8. PROHIBITED ACTIVITIES

    You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

    • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    • Use any information obtained from the Services in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Services.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious code.
    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

    9. USER GENERATED CONTRIBUTIONS

    The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

    When you create or make available any Contributions, you thereby represent and warrant that:

    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
    • Your Contributions are not false, inaccurate, or misleading.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

    10. CONTRIBUTION LICENSE

    By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions.

    This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

    11. GUIDELINES FOR REVIEWS

    We provide areas on the Services for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:

    1. You should have firsthand experience with the person/entity being reviewed
    2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language
    3. Your reviews should not contain discriminatory references based on:
      • Religion
      • Race
      • Gender
      • National origin
      • Age
      • Marital status
      • Sexual orientation
      • Disability
    4. Your reviews should not contain references to illegal activity
    5. You should not be affiliated with competitors if posting negative reviews
    6. You should not make any conclusions as to the legality of conduct
    7. You may not post any false or misleading statements
    8. You may not organize a campaign encouraging others to post reviews, whether positive or negative

    Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

    12. SOCIAL MEDIA

    As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either:

    • Providing your Third-Party Account login information through the Services
    • Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account

    Access and Information Exchange

    By granting us access to any Third-Party Accounts, you understand that:

    • We may access, make available, and store any content that you have provided to and stored in your Third-Party Account
    • We may submit to and receive from your Third-Party Account additional information to the extent you are notified

    PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

    13. THIRD-PARTY WEBSITES AND CONTENT

    The Services may contain links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content').

    Our Position on Third-Party Content

    We want to be clear about our relationship with third-party content:

    • Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us
    • We are not responsible for any Third-Party Websites accessed through the Services
    • Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by us

    If you decide to leave our Services and access Third-Party Websites or use Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

    14. ADVERTISERS

    We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

    15. SERVICES MANAGEMENT

    We reserve the right, but not the obligation, to:

    1. Monitor the Services for violations of these Legal Terms
    2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms
    3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
    4. In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
    5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

    Our management of the Services is designed to ensure quality, security, and proper functionality for all users.

    16. PRIVACY POLICY

    We care about data privacy and security. Please review our Privacy Policy at:

    https://www.polarcut.io/privacy-policy

    Data Processing and Transfer

    By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

    Your continued use of our Services indicates your acceptance of our data handling practices as outlined in our Privacy Policy.

    17. COPYRIGHT INFRINGEMENTS

    We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification').

    Notification Process

    A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

    If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

    18. TERM AND TERMINATION

    These Legal Terms shall remain in full force and effect while you use the Services.

    Our Rights

    WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

    Account Termination

    If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under:

    • Your name
    • A fake or borrowed name
    • The name of any third party

    In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    19. MODIFICATIONS AND INTERRUPTIONS

    We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.

    Service Availability

    We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to:

    • Change, revise, update, suspend, discontinue, or otherwise modify the Services at any time
    • Remove any content without notice
    • Limit or restrict access to the Services as needed

    You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

    20. GOVERNING LAW

    These Legal Terms shall be governed by and defined following the laws of India. Polarcut and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

    By using our Services, you agree to be bound by the laws of India regarding any disputes or legal matters related to these Terms.

    21. DISPUTE RESOLUTION

    Binding Arbitration

    Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC.

    Arbitration Details

    The following specifications apply to the arbitration process:

    • Number of arbitrators: three (3)
    • Seat of arbitration: Gurugram, India
    • Language of proceedings: English
    • Governing law: Substantive law of India

    Restrictions

    The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:

    • No arbitration shall be joined with any other proceeding
    • There is no right or authority for any Dispute to be arbitrated on a class-action basis
    • There is no right or authority for any Dispute to be brought in a purported representative capacity

    Exceptions to Arbitration

    The following Disputes are not subject to the above provisions concerning binding arbitration:

    • Disputes seeking to enforce or protect intellectual property rights
    • Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use
    • Any claim for injunctive relief

    22. CORRECTIONS

    We monitor and maintain our Services to ensure accuracy, but errors may occur. Therefore:

    • We may contain information with typographical errors, inaccuracies, or omissions
    • We reserve the right to correct any errors, inaccuracies, or omissions
    • We may change or update information at any time without prior notice

    23. DISCLAIMER

    THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

    We disclaim all warranties, express or implied, in connection with the Services including:

    • Implied warranties of merchantability
    • Fitness for a particular purpose
    • Non-infringement

    We make no warranties or representations about the accuracy or completeness of:

    • The Services' content
    • The content of any websites linked to the Services
    • Any content of any third-party services

    24. LIMITATIONS OF LIABILITY

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING:

    • Lost profit
    • Lost revenue
    • Loss of data
    • Other damages arising from your use of the Services

    25. INDEMNIFICATION

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

    • Your Contributions
    • Use of the Services
    • Breach of these Legal Terms
    • Violation of rights of a third party
    • Any harmful act toward any other user of the Services

    26. USER DATA

    We maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

    You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

    YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

    28. MISCELLANEOUS

    These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

    Additional Terms

    • Our failure to exercise any right or provision shall not constitute a waiver of such right or provision
    • These Legal Terms operate to the fullest extent permissible by law
    • We may assign any or all of our rights and obligations to others at any time
    • We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control

    29. CONTACT US

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

    Polarcut Technologies PVT. LTD.

    7th floor, Palm Court, 704, Mehrauli-Gurgaon Rd

    Industrial Estate, Sector 16, Gurugram, Haryana 122007

    India

    Phone: (+91)9888850580

    Email: rohan@polarcut.io