Terms of Use
1) Introduction
Vendgram Inc is a company registered in Delaware, United States with file number (Vendgram Inc).
Vendgram Inc offers the following services “Vendgram Inc Services”:
- Wellness package for founders,
- Assistance with settling USD utilities like AWS
- Creation of premium events
- Customer retention support
These Generally Applicable Terms apply to all Vendgram Inc Services and Vendgram Inc Account holders, and shall include this document as well as any Schedules hereto, and shall be read in accordance with the policies (“Vendgram Inc Policies”) as may be referred to herein or elsewhere within the Vendgram Inc App or the Website and which are to form part of these terms, including but not limited to:
Cookie policy
Privacy Policy
AML policy
Complaints policy
Please read the terms and conditions that may be especially applicable to the Vendgram Inc Services you desire to contract in addition to these Generally Applicable Terms and the policies referred to above.
The ‘Vendgram Inc Terms’ refers to these Generally Applicable Terms, the above-mentioned rules, and any other terms that may be applicable to the specific Vendgram Inc Services being contracted.
The Vendgram Inc Terms are a framework agreement that sets out the terms and conditions for you to use, access, view, or interact with Vendgram Inc in any way, including applying for a Vendgram Inc account (‘Vendgram Inc Account’) or using Vendgram Inc Services in any way (‘Vendgram Inc Interaction’).
You must read and understand these Generally Applicable Terms and the Vendgram Inc Policies, as well as any Vendgram Inc Terms specifically relating to the Vendgram Inc Services you wish to contract and the various associated risk warnings contained therein, before opening a Vendgram Inc Account or obtaining exposure to the Vendgram Inc Services.
By proceeding with any Vendgram Inc Interaction, you accept and acknowledge the associated risks in dealing with the respective Vendgram Inc Services and your agreement with these Generally Applicable Terms, the Vendgram Inc Policies as well as any Vendgram Inc Terms specifically relating to the Vendgram Inc Services you wish to contract. You further agree to accept the decisions of Vendgram Inc with respect to all matters relating to the Vendgram Inc Services including the terms of any third-party providers which Vendgram Inc may engage with in the provision of the Vendgram Inc Services.
2) Registration Process
Once your Vendgram Inc Account has been activated, you will be able to access the Vendgram Inc Services, subject to Vendgram Inc’s identification and verification process, which you must follow.
You agree that any information you provide during the identification and verification procedure, or in any other situation, is genuine and accurate, and that any payment you make through your Vendgram Inc Account is your rightful property and comes from a legitimate source.
For the purposes of verification, Vendgram Inc may seek more information from you. You agree to comply with all requests made on our behalf by Vendgram Inc or any of our third-party service providers in connection with your Vendgram Inc Account, including requests to identify or authenticate your identity, validate your funding sources, proof of control of your crypto private address, and any Vendgram Inc Transaction. This may include, but is not limited to, requesting additional information from you that will enable us to reasonably identify you, such as requiring you to take steps to prove ownership of your phone number or checking your information against third-party databases or other sources.
If we are unable to collect and verify such information, or if you do not comply with our reasonable demands, we have the right to close, suspend, or limit access to your Vendgram Inc Account and/or the Vendgram Inc Services.
We may discreetly verify the information you give us with, or we may collect information about you from secure databases ourselves or through third parties. By agreeing to these Generally Applicable Terms, you agree that we or a third party acting on our behalf may conduct such verifications.
You must keep your Vendgram Inc Account details valid and up to date at all times. If we suspect your information is outdated or wrong at any time, we may contact you and request additional information or ask you to repeat the verification procedure. While we validate your identity, a Vendgram Inc Transaction limit may be placed on your Vendgram Inc Account, or an existing limit may be changed. We will not be liable for any losses resulting from your failure to keep your information up to date.
To access the Vendgram Inc Services, go to the Accounts page in the Vendgram Inc Website or App and pick the appropriate Vendgram Inc Account.
3) Security
It is solely your responsibility to keep your Vendgram Inc Account secure. While we may help you restore access to your Vendgram Inc Account if it is reasonable, Vendgram Inc is not obligated to restore any access to a Vendgram Inc Account in any event, including in the event of theft or any loss of control of the means of access to the Vendgram Inc Account. You agree that Vendgram Inc is not responsible for any damages or losses incurred as a result of such theft or loss of control of your Vendgram Inc Account that are not caused by Vendgram Inc’s fault or negligence.
You promise to keep all passwords, PIN numbers, and access codes and information for your Vendgram Inc Account completely secret. Vendgram Inc will not be held accountable for any access to or use of your Vendgram Inc Account as a result of any disclosure of such access information by you or anyone else to whom you disclosed such information later.
Protecting your Vendgram Inc Account and any access information related to it includes, but is not limited to:
Logging out of your Vendgram Inc Account whenever you are not using it;
Keeping any device you use to access your Vendgram Inc Account safe and secure, and ensuring that any email account(s) you use to connect with us are also secure and only accessed by you;
Not writing down or disclosing the password to your Vendgram Inc Account;
Changing the password to your Vendgram Inc Account on a regular basis;
If you receive any SMSs, emails, questionnaires, surveys, or other links requiring you to provide your Vendgram Inc Account access information, do not provide your information and contact us immediately at support@vendgram.co;
If you believe your Vendgram Inc Account access information has been lost, stolen, or that anyone has access to your email account or device you use to communicate with us, do not provide your information and contact us immediately at support@vendgram.co
If you have any questions concerning this, please contact us at support@vendgram.co
Vendgram Inc is a company that specializes in providing financial services. Automated techniques may be used to process transactions and activity conducted within the Vendgram Inc App, and anyone who gains access credentials to a Vendgram Inc Account may use it to enter transactions without your permission. If you observe any unusual behavior, such as misuse or unauthorized use of your Vendgram Inc Account, you must inform us immediately at support@vendgram.co.
The balance in any Vendgram Inc Account belongs to the person or legal organization that is registered as the account holder. Only the rights of the Vendgram Inc Account holder are recognized. Your Vendgram Inc Account cannot be assigned or transferred to anyone else.
4) Unauthorized Access
If you suspect a Vendgram Inc Transaction was conducted erroneously or without your permission, please notify us as soon as possible using the Vendgram Inc App or by emailing support@vendgram.co Failure to contact us as soon as you become aware of the unauthorised or wrongly completed Vendgram Inc Transaction, or within two months of the date of the transaction, may result in you losing your right to have the situation addressed.
We will refund to you the full amount debited without authorisation if it is determined that a Vendgram Inc Transaction was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction occurred) and you notified us within 2 months of the date of the unauthorised Vendgram Inc Transaction. However, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with your obligations set out in Clause on Security, or you have not notified us on time in accordance with Clause on Notification, you will be liable in full for all losses incurred in respect of a Vendgram Inc Transaction made by us which was not authorised by you.
PLEASE NOTE THAT ANY LIABILITY LIMITATIONS SET FORTH IN APPLICABLE LAWS IN RELATION TO AN UNAUTHORIZED OR INCORRECTLY EXECUTED PAYMENT TRANSACTION MAY NOT APPLY TO LOSSES RELATED TO VIRTUAL CURRENCY TRANSFERS.
5) Vendgram Inc Account Closure
We will close your Vendgram Inc either as a result of your request, which must be made in writing via the Vendgram Inc Customer Services support@vendgram.co, or as a result of Vendgram Inc closing your account for any other reason that may arise in accordance with any Vendgram Inc Terms and/or applicable law.
You agree that when we close your Vendgram Inc Account, Vendgram Inc may keep personal data about you, your Vendgram Inc Account, and any Vendgram Inc Interaction for a period of five years or as required by applicable law.
If your Vendgram Inc Account has a balance at the time of closure, Vendgram Inc may request that you withdraw your funds within a reasonable timeframe, during which time your Vendgram Inc Account will be accessible only for the purpose of removing the remaining balance. You will be unable to access your Vendgram Inc Account after this period has expired, but you may withdraw any remaining funds for a period of five years from the date of closure by contacting Vendgram Inc Customer Services support@vedgram.co, and requesting that the funds be sent to you either by refund or bank transfer. Any pending instructions will be cancelled once your Vendgram Inc Account is canceled.
To avoid an investigation, you cannot close your Vendgram Inc Account. If you try to close your Vendgram Inc Account while an investigation is underway, Vendgram Inc may freeze your account to protect any and all relevant parties from responsibility, including but not limited to itself, its affiliates, or a third party.
Even if your Vendgram Inc Account is closed, you are still responsible for any liabilities associated to it.
We may close your Vendgram Inc Account and terminate all applicable Vendgram Inc Terms with immediate effect in the following circumstances, without affecting the generality of this clause and without prejudice to any rights that have accrued under the Vendgram Inc Terms or any rights or remedies that may be applicable:
You breach a material condition of the Vendgram Inc Terms and fail to correct that breach within 15 days of being notified in writing to do so;
You consistently violate any of the Vendgram Inc Terms in such a way that it is reasonable to believe that your actions are inconsistent with your intention or ability to give effect to the Vendgram Inc Terms and the conditions set forth therein;
A bankruptcy, insolvency, winding up, or other similar event has occurred;
Any change in or introduction of laws, regulatory authority rules, or guidance (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rule, order, or regulation for either Vendgram Inc or yourself to perform or give effect to any obligations hereunder, and such obligation cannot be easily severed from the Vendgram Inc Terms;
You die;
We have cause to suspect that your use of the Vendgram Inc Services harms, corrupts, degrades, ruins, or otherwise harms Vendgram Inc, the Vendgram Inc Services, and/or the Vendgram Inc App;
The total number of transactions you make through your Vendgram Inc Account has a considerable variation (either positive or negative);
You have acted or omitted to act in any way that we reasonably believe will harm Vendgram Inc’s business operations, reputation, or goodwill, and/or that we reasonably determine or suspect will result in any offense or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that);
We are unable to provide the Vendgram Inc Services to you due to a third-incapacity party’s to provide us with any products and/or services that we require to provide the Vendgram Inc Services to you.
Other than closing your Vendgram Inc Account, we may take the following actions if you violate any of the Vendgram Inc Terms (including failing to pay us any amount owed):
1)Suspend (in whole or in part) your use of the Vendgram Inc Services, in which case we will not treat any order for a transaction that you may wish to make as having been received by us;
2)Disclose any transaction or other relevant information about you and your use of the Vendgram Inc Services to the appropriate regulatory authority, law enforcement agency, or government department, and/or;
3)Seek damages from you if applicable
6) Notice and Communication
You accept to receive electronic messages from Vendgram Inc in connection with Vendgram Inc and the Vendgram Inc Services. We shall send you communications via the Vendgram Inc App or via email to the primary email address indicated in your Vendgram Inc Account profile (‘Primary Email Address’). It is your responsibility to keep this Primary Email Address safe. You acknowledge that Vendgram Inc is not responsible for any damages or losses incurred as a result of any unauthorized use or loss of control of the above-mentioned Primary Email Address.
It is your obligation to ensure that you log onto and examine the Vendgram Inc App, the Website, and your Primary Email Address on a regular basis, as well as open and review communications that we provide to you via those channels. You must review your notifications and Vendgram Inc Transaction history and report any questions, apparent errors, or unauthorized Vendgram Inc Transactions or usage of your Vendgram Inc Account as soon as possible. Failure to contact us in accordance with the applicable Vendgram Inc Terms in a timely way may result in the loss of funds and/or essential rights.
We may get in touch with you from time to time to inform you of changes to your Vendgram Inc Account or to provide you with important information. It is your duty to ensure that you check the Vendgram Inc App and Primary Email Address on a regular basis, and that your contact information in your Vendgram Inc App profile is accurate. In compliance with these terms, you may contact us via the Vendgram Inc App or via email at support@vendgram.co
7) Personal Data
These Generally Applicable Terms, as well as any other applicable Vendgram Inc Terms, including any applicable Supplements, and our Privacy Policy, which may be found at www.vendgram.co/privacy policy, govern the processing of your personal data. Vendgram Inc also complies with all applicable privacy laws.
We may gather Personal Data such as precise location data regarding a Vendgram Inc Transaction when you utilize the Vendgram Inc Services. We may gather the precise location of your device when the Vendgram Inc App is running in the foreground or background if you allow the Vendgram Inc App to access location services through the permission system employed by your mobile operating system. Your IP address may also be used to determine your approximate location. You can opt out of giving location data using the Vendgram Inc App at any time if you have previously agreed to do so. Unless you opt out of giving location data, you consent to its collection, usage, sharing, and onward transmission, as detailed in our Privacy Policy. http://www.vendgram.co/privacypolicy.
You acknowledge that we may collect Personal Data regarding how you and other Vendgram Inc Accountholders engage with the Vendgram Inc Services, and you agree to this. We may access and keep names and contact information from your device’s address book in order to support social interactions via the Vendgram Inc Services and for other legitimate business purposes. We gather transaction information about your use of the Vendgram Inc Services, such as the type of service you ordered, the day and time the service was performed, the amount charged, and other transaction information. Personal data regarding your mobile device, such as the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising IDs, serial number, device motion information, and mobile network information, may be collected.
You understand and consent that we may use the personal data we gather to make your interactions with the Vendgram Inc Services more convenient, including sharing non-sensitive information about you with other Vendgram Inc Account users.
You hereby irrevocably and unconditionally consent and authorize us to collect, use, process, and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information, at any time and at our absolute discretion, without regard to any of the consents provided to us by you in these Generally Applicable Terms or other Vendgram Inc Terms. You also agree that we may disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/or other Vendgram Inc affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third-party service providers of Vendgram Inc and/or the Card Issuer for any purpose related to our provision of services under applicable law.
If necessary to comply with relevant legislation or to identify whether any Vendgram Inc Terms or relevant legislation have been violated, Vendgram Inc reserves the right to transmit information or personal data about you, as well as activity you conduct through your Vendgram Inc Account, to law enforcement institutions, state authorities, and financial institutions.
You consent to receive autodialed and pre-recorded message calls at the phone number you provide to Vendgram Inc (including a mobile phone number). You can give us your phone number in a variety of ways, including when you open your Vendgram Inc Account or when you update your profile on your Vendgram Inc Account.
We will never market, advertise, or solicit you using autodialing or pre-recorded messages without your consent, but we may share your phone numbers with the Card Issuer, our affiliates, or other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded message calls or text messages.
You accept and agree that Vendgram Inc may monitor or record telephone conversations you or anyone acting on your behalf has with Vendgram Inc or its representatives for quality control and training purposes, as well as for its own protection, without additional notice or warning. You recognize and accept that, while your conversations with Vendgram Inc may be overheard, monitored, or recorded without further notice or warning, Vendgram Inc does not promise that recordings of any given telephone call will be preserved or retrievable.
You consent to us using your personal information in connection with your Vendgram Inc Account in order to review, develop, and enhance our products and services. This may include disclosing your personal information to our affiliates, agents, distributors, and suppliers in order for them to handle Vendgram Inc Transactions and conduct statistical research and analysis. We may also share your personal information if forced to do so by law, legislation, or any competent authority or agency investigating any fraudulent, criminal, or unauthorised behaviour.
Please see our Privacy, Data Usage and Retention Policy at www.vendgram.co/privacypolicy for further information on the personal data that Vendgram Inc collects and uses in connection with your Vendgram Inc Account and use of Vendgram Inc Services.
8) Links to other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
9) Intellectual Property
Vendgram Inc owns or licenses the Vendgram Inc App and Website, as well as all Intellectual Property Rights included within, including but not limited to any logos, content, product information, and so on. Without our prior written consent, you may not copy, imitate, reproduce, edit, or otherwise use any Intellectual Property found on the Vendgram Inc App, the Website, or any website linked from it in whole or in part.
Except as necessary to enable you to access the Vendgram Inc App and/or Website, nothing in the Vendgram Inc Terms provides you or any other person or organization any legal rights in the Vendgram Inc App and/or Website. You undertake not to change, circumvent, or delete any notices on the Vendgram Inc App and/or Website (including any Intellectual Property notices), including any digital rights or other security embedded or contained within.
You represent and warrant that the content, information, or data you submit to the Website or Vendgram Inc App is yours and that you have all required rights to it.
In conjunction with the Vendgram Inc Terms, we reserve all of our intellectual property rights. This implies that Vendgram Inc, for example, will retain ownership of them and will be allowed to use them as it sees right.
10) Customer Support and Complaints
We take customer complaints very seriously. Please refer to our Complaints Policy on the Website www.lazerpay.finance if you desire to lodge a formal complaint about us, the services we provide, or your Vendgram Inc Account.
You may obtain a copy of the applicable Vendgram Inc Terms, as well as any other information relevant to current applicable laws and regulations, at any time during the term of any Vendgram Inc Terms.
11) Amendments
Vendgram Inc may unilaterally amend any and all Vendgram Inc Terms by providing you with at least 1 (one) month written notice, either via the Website or the Vendgram Inc App, or by sending an email to your Primary Email Address as set out in your Vendgram Inc Account at any time. You agree that it is your duty to check for revisions on a regular basis and to be familiar with and follow the most recent version of the Vendgram Inc Terms that apply to you.
You will be presumed to have accepted any modifications if you do not tell us to the contrary before the proposed date of the changes coming into effect. If you do not notify us to the contrary, your notification will be interpreted as a notice that you desire to close your Vendgram Inc Account and terminate any applicable Vendgram Inc Terms on the effective date of the changes.
Your non-termination of any Vendgram Inc Services or continuous use of any Vendgram Inc Services after the effective date of any amendments, changes, or updates signifies your acceptance of the Vendgram Inc Terms, as modified by such amendments, changes, or updates.
If a change to the Vendgram Inc Terms is required by law or relates to the addition of a new service, additional functionality to an existing Vendgram Inc Service, a reduction in the cost of the Vendgram Inc Services, or any other change that does not reduce your rights or increase your responsibilities, the change may be made without prior notice to you and will take effect immediately.
12) Warranties
The Vendgram Inc App, Vendgram Inc Services, and Website are provided “as is,” “as available,” and without any express, implied, or statutory representations or warranties.
Vendgram Inc disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement for the Website and any and all of its components, as well as the Vendgram Inc App and any and all of its components, to the maximum extent permitted by applicable legislation.
Vendgram Inc, its officers, directors, agents, employees, and suppliers make no representation or warranty of any kind for the Vendgram Inc Services, including the content, materials, information, and functions made available by the Vendgram Inc Services when used on or accessed through the Vendgram Inc App and/or Website, or for any security breach associated with the transmission of sensitive information through any Vendgram Inc Interaction.
Vendgram Inc makes no representation or warranty as to the Vendgram Inc Services’ compatibility for your needs. Vendgram Inc does not guarantee the Website’s uptime or availability, and does not promise that the Website or Vendgram Inc Services will be error-free or uninterrupted. Vendgram Inc is not liable for any service interruptions, including but not limited to system failures or other interruptions, that may affect the receipt, processing, acceptance, completion, or settlement of Vendgram Inc Transactions or the Vendgram Inc Services.
Vendgram Inc has no influence over the items or services acquired through the Vendgram Inc Services. Vendgram Inc is not liable for the quality, performance, or any other consequences of the products and/or services purchased through the Vendgram Inc Services, and expressly disclaims any such duty.
13) Suspension of Vendgram Inc Services
We retain the right, without notice or obligation, to change, suspend, or discontinue any component of the Vendgram Inc Services, including hours of operation or availability of the Vendgram Inc Services or any Vendgram Inc Services feature.
PROHIBITED ACTIVITIES
The following actions are prohibited (the “Prohibited Activities”)
Unless Vendgram Inc expressly permits it in writing, you may not register more than one (1) Vendgram Inc Account;
If you have had a previous Vendgram Inc Account canceled by Vendgram Inc, you must not register a new Vendgram Inc Account unless Vendgram Inc expressly allows it in writing;
You must not attempt to manipulate or subvert the rights or obligations of Vendgram Inc, any other Vendgram Inc Account holder, or any third party; initiate or participate in any attempt to manipulate or subvert the rights or obligations of Vendgram Inc, any other Vendgram Inc Account holder, or any third party;
You shall not attempt to gain unauthorized access to any portion of the Website or the Vendgram Inc App, or in any way compromise the security, functionality, or performance of the Website, the Vendgram Inc App, or the Vendgram Inc Services in any manner;
You must not infringe on Vendgram Inc’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, as well as publicity or privacy rights;
With respect to your Vendgram Inc Interaction, you shall not act in a defamatory, libellous, threatening, or harassing manner;
You are not permitted to harass Vendgram Inc personnel, agents, or other Vendgram Inc Account holders;
You must not give Vendgram Inc with any information that is false, inaccurate, or misleading;
You shall not refuse to participate with an inquiry or give proof of your identification or any other information to Vendgram Inc;
You must not use the Vendgram Inc Services in a way that is illegal under the law.
14) Suspension or Termination of Vendgram Inc Account
Vendgram Inc reserves the right to limit, suspend, or terminate a Vendgram Inc Account, access to any Vendgram Inc Account, and use of any Vendgram Inc Services and/or the Website at any time and without notice, including in connection with any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable Vendgram Inc Terms, and, in particular, the Prohibited Activities.
If Vendgram Inc considers, in its sole discretion, that you have violated any Vendgram Inc Terms, including the Prohibited Activities, we may take steps to protect ourselves, other Vendgram Inc Account holders, and any third parties. We may, for example, contact other Vendgram Inc Account holders or third parties with whom you may have transacted, contact law enforcement or other appropriate agencies and authorities, take legal action against you, and/or limit your Vendgram Inc Interaction as a result of this.
In the case of termination or cancellation of your Vendgram Inc Account, any Account Balance, after any liquidation and deducting any applicable fees, will be available for withdrawal by you, unless Vendgram Inc reasonably decides otherwise, for example due to any requirements of law enforcement authorities or court processes.
Any losses incurred as a result of the suspension of a Vendgram Inc Account are not covered by Vendgram Inc. For engaging in Prohibited Activities, Vendgram Inc may impose any appropriate sanction, including freezing any assets held in your Vendgram Inc Account and reporting to law enforcement and other authorities, as well as confiscation of any amounts held in your Vendgram Inc Account if required by law or the relevant authorities.
Wherever feasible, Vendgram Inc will provide you with pertinent information about the steps taken, but we may be unable to do so due to legal restrictions, such as not releasing protected third-party information or interfering with an investigation.
15) Vendgram Inc’s Right to Set-Off
We shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Vendgram Inc Transaction or otherwise if any event occurs that entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers). You will not have a right of set-off in the same way.
For the avoidance of doubt, if one of your Vendgram Inc Account’s currency balances shows that you owe us money for any reason or has a negative balance, Vendgram Inc may set-off the amount you owe us by using funds you have in that currency or in another currency balance, or by deducting amounts you owe us from money you receive into your Vendgram Inc Account. Deductions may also be made from money you try to withdraw or send from your Vendgram Inc Account, or from funds in another Vendgram Inc Account that you control, as well as from any withdrawals you try to make.
If the amount owed to us is in a currency other than the Cryptocurrency you hold with us, we will use our Exchange Rates to convert the amount you hold with us to the currency of the amount you owe us. We don’t need to inform you that this conversion is taking place.
16) Liability
Any liability arising from a breach of these Generally Applicable Terms or any other applicable Vendgram Inc Terms is limited to any loss or damage that is a reasonably foreseeable result of such breach and results directly from the defaulting party’s acts.
To the extent permitted by law, Vendgram Inc is not liable or responsible, and you agree not to hold it liable or responsible, for any damages or losses (including, but not limited to, loss of any virtual currency, goodwill, reputation, profits, business opportunity, or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of the Vendgram Inc Services, however arising, including but not limited to:
Your incapacity to utilize the Vendgram Inc Services, for whatever reason;
delays or disturbances in the Vendgram Inc Services;
the fact that accessing the Vendgram Inc App, Website, or any related site or service may result in the transmission of viruses or other harmful malware;
any difficulties, bugs, errors, or inaccuracies in the Vendgram Inc Services of any type;
third-party activities or inactions;
A suspension of your Vendgram Inc Account or other action taken against it; or
Third-party acts and operations are illegal.
Vendgram Inc, its officers, authorized representatives, or connected entities or persons are not responsible for any delay or failure to meet their respective responsibilities, including any withdrawal requests, owing to any cause beyond their reasonable control. These are called Force Majeure Events and they include but are not limited to: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility, or crash; any technological failure, including failure within the virtual currency ecosystem; any infrastructure failure, including computer, server, or network failures beyond our reasonable control; security breaches; acts or omissions of a third party; acts or omissions of a third party; acts or omissions of a third party; acts or omissions
Vendgram Inc employs industry-standard techniques to keep its Website, the Vendgram Inc App, and its Vendgram Inc Services free of viruses and other malicious software, but we cannot guarantee that they will remain virus-free. We are not responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website, the Vendgram Inc App, or Vendgram Inc Services, or your downloading of any content from it or any website linked to it.
We shall not be liable if a request to obtain or restrict exposure that you submit to us is not displayed on the Website or the Vendgram Inc App, or if it is withdrawn or not carried out.
Certain warranty disclaimers and liability limits are prohibited in some jurisdictions. You will only be subject to disclaimers or limits that are permissible under applicable law. Subject to the foregoing, our liability will be limited to the maximum extent permitted by applicable laws, and Vendgram Inc, its officers, employees, licensors, partners, service providers, or subcontractors (if any) will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, lost profits, loss of use, loss of data, or loss of goodwill) arising out of or in connection with any Vendgram Inc. Whether such liability arises from a claim based on breach of contract, breach of warranty (including negligence), product liability, or otherwise, and whether or not the respective persons have been advised of the possibility of such damages, the foregoing provisions apply in relation thereto, but are not limited to:
Your use of, access to, and display of the Vendgram Inc Services, as well as any delay or inability to use, display, or access the Vendgram Inc Services;
Viruses, information, software, connected sites, items, or services accessed from the Vendgram Inc Services; or
Any firm that uses Vendgram Inc Services or another third party’s act or omission;
Any acts or omissions by any cryptocurrency custodian, whether or not liability is determined in respect of such third parties;
Any non-execution or improper execution of a Vendgram Inc Transaction, whether a virtual currency transaction or a Vendgram Inc bank transfer, that we have carried out in accordance with a unique identification provided by you that proves to be erroneous;
Any failure or delay in performing our obligations under applicable Vendgram Inc Terms (including any delay in payment) due to any cause beyond our reasonable control, including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of God, or any unusual or unforeseeable circumstances;
Delays or disturbances in the Vendgram Inc Services; Viruses or other malicious software obtained by accessing the Website or any associated site or service; any glitches, bugs, errors, or inaccuracies in the Vendgram Inc Services; any virus, distributed-denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website or Vendgram Inc App or your downloading of any content on it.
a third-material, party’s activities, or inactions;
Your Vendgram Inc Account has been suspended or further action has been taken against it;
As a result of changes to any Vendgram Inc Terms or Vendgram Inc Policies, you may need to adapt your practices, content, or behavior, or you may lose or be unable to do business.
Third-party criminal acts and operations involving counterfeited and/or illegal documents or data obtained illegally;
Any losses incurred as a result of a new law or regulation imposing a duty on us, or our obligations under the laws of any jurisdiction;
Any loss or damage you may incur as a result of any abnormal or unforeseeable circumstances beyond our reasonable control that would have been unavoidable despite our best efforts, such as delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing, or computer facilities, mechanical breakdown, an act of State of Government, war, riot, or terrorism, any act of God, any market, postal, or other strikes or other similar industrial action, or any inability or delay in obtaining any materials, energy, or other supplies required to fulfill our responsibilities under the Terms.
Your use of, or inability to use, Vendgram Inc corresponding Accounts, and/or the Vendgram Inc App, as a result of or in connection with any failed, missed, delayed, or fraudulent transactions, payment transmission errors, etc.
Any unauthorized access to, disclosure of, or unlawful or fraudulent use of your Vendgram Inc Account, Vendgram Inc App, Personal Data, pin, or password that is not attributable to Vendgram Inc’s negligent or dishonest acts or omissions;
Any other party’s mistake, negligence, willful default, misconduct, fraud, act, omission, breach or failure, or violation of applicable laws (including you and the Card Issuer);
Our following your directions in a reasonable manner;
Any loss incurred by you or a third party as a result of events beyond our control (such as non-delivery of mail, machine failure, system failure, strikes, or communication linkage failure);
Any losses incurred as a result of your negligence or fraudulent behavior, whether alone or in concert with others;
Any losses you may have incurred as a result of the Vendgram Inc Card Terms or the Card Issuer Terms;
Subject to the foregoing, Vendgram Inc’s responsibility to you under any Vendgram Inc Terms is limited to the Fees you paid to Vendgram Inc in the three months prior to the alleged violation.
Nothing in the Vendgram Inc Terms will operate to limit or eliminate liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or modified by law.
You are still liable for the following under any and all relevant Vendgram Inc Terms:
All financial or other liabilities incurred by Vendgram Inc, a Vendgram Inc Accountholder, or a third party as a result of your breach of any Vendgram Inc Terms, your use of the Vendgram Inc Services, or any usage of your Vendgram Inc Account. To the extent not prohibited by applicable law, you undertake to refund the Card Issuer, Vendgram Inc, a Vendgram Inc Accountholder, or a third party for any and all such liabilities.
Irrespective of termination, suspension, or closure, any charges and other amounts incurred through the use of your Vendgram Inc Account; and
complying with all laws, rules, and regulations of your specific jurisdiction that may apply to you in connection with your use of the Vendgram Inc App, the Website, and/or Vendgram Inc Services, including but not limited to those related to export or import activity, taxes, or foreign currency transactions. You are solely responsible to the state and other subjects for the fulfillment of all tax obligations. Vendgram Inc is not liable for the fulfillment of tax requirements, as well as the calculation and transfer of taxes that apply to you.
17) Indemnification
You agree to defend, reimburse, and/or compensate Vendgram Inc and any associated entities, third-party providers, employees, agents, or persons authorised to act on our behalf, as well as their respective directors, shareholders, officers, employees, or agents, and hold them harmless from any action, including legal action, claim, demand, loss, liability, expense, cost, and fee, including attorney fees, arising directly, indirectly, or in any connection with the use of Vendgram Inc Services.
18) Termination
Vendgram Inc may terminate any Vendgram Inc Terms at any time by giving you (30) thirty days’ notice, at its sole discretion. Any of our rights or obligations arising under the Vendgram Inc Terms will not be affected if the Vendgram Inc Terms are terminated.
Your Vendgram Inc Account may be closed if your Vendgram Inc Terms are terminated. Your remaining balance will be handled in accordance with these Generally Applicable Terms.
Any clauses that should, by their nature, survive the expiration of the particular Vendgram Inc Terms will do so,
any applicable Vendgram Inc Terms may be terminated with immediate effect by any Party at any time, without prejudice to any rights that have accrued under applicable Vendgram Inc Terms, or any party’s other rights or remedies, if:
the other party breaches any Vendgram Inc Terms materially and fails to fix the infringement within 30 days after being notified in writing to do so;
the other party repeatedly violates any of the Vendgram Inc Conditions in such a way that it is reasonable to believe that its actions are inconsistent with its intention or ability to carry out the terms of the Vendgram Inc Terms;
a bankruptcy, insolvency, winding up, or other similar event has occurred to the other party; and/or
Because of laws, payment scheme rules, regulatory authority rules or guidance, or any change in or introduction thereof (or change in the interpretation or application thereof), performing or giving effect to any of the parties’ obligations hereunder is unlawful or contrary to any such law, rule, order, or regulation, and such obligation cannot be easily severed from the Vendgram Inc Terms.
Without prejudice to any rights or remedies that may have accrued under applicable Vendgram Inc Terms, Vendgram Inc may terminate any Vendgram Inc Terms with immediate effect by giving writing notice to you if:
We have been unable to validate your details in accordance with the Vendgram Inc Terms;
You die;
We have reason to suspect that your use of the Vendgram Inc Services damages, corrupts, degrades, destroys, or otherwise negatively affects any Vendgram Inc Services, as well as any other software, firmware, hardware, data, systems, or networks that you access or use;
There is a considerable change in the total number of Vendgram Inc Transactions you make (either positive or negative);
You have acted or omitted to act in any way that we reasonably believe will harm Vendgram Inc’s business operations, reputation, or goodwill, or that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any;
We are unable to deliver the Vendgram Inc Services to you because a third party has failed to provide us with any goods or services that we require to provide the Vendgram Inc Services to you.
We are otherwise entitled to terminate these or any other Vendgram Inc Terms if you have breached any Vendgram Inc Terms (including your obligation to pay us any sum outstanding), or we may:
suspend (in whole or in part) your use of the Vendgram Inc Services, in which case we will not recognize any order for a Vendgram Inc Transaction that you may wish to make as having been received by us;
Any Vendgram Inc Transaction, as well as any other relevant information about you and your use of the Vendgram Inc Services, should be reported to the appropriate regulatory authority, law enforcement agency, or government department; and/or
If necessary, seek compensation from you.
The closing of your Vendgram Inc Account, as well as all Vendgram Inc Services, Vendgram Inc Cards, and the associated Vendgram Inc Terms, is required to terminate these Generally Applicable Terms. Your remaining balance will be handled by Vendgram Inc in collaboration with the Card Issuer in line with the relevant Vendgram Inc Terms, which, for the avoidance of doubt, include the Card Issuer Terms.
Any terms that should by their nature survive the termination of these Generally Applicable Terms or other Vendgram Inc Terms, as applicable, shall also survive.
19) Seizure and Refund of Balances
Without prior warning to the Vendgram Inc Account holder, Vendgram Inc has the right to cancel access to and/or confiscate any funds kept in a Vendgram Inc Account indefinitely. According to current law, Vendgram Inc is not compelled to and may be prohibited from disclosing the reasons for such Vendgram Inc Account limitations.
In closing your Vendgram Inc Account, we may transfer the money back to their source unless we are forbidden from doing so by any applicable legislation, rule, court order, or instruction or guidance of a competent regulatory authority or agency. Regardless of the foregoing or any other provision in any applicable Vendgram Inc Terms, Vendgram Inc reserves the right to refuse to refund your account balance, in whole or in part, or to restrict access to your account balance in accordance with applicable law if we reasonably believe you have not acted in accordance with any Vendgram Inc Terms or have acted unlawfully, or if we are prohibited from allowing you access to your account balance by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
20) Tax Liabilities
It is your obligation to identify which taxes, if any, apply to the payments you make or receive, and to collect, report, and repay the applicable tax to the appropriate tax body. We are not responsible for assessing whether taxes apply to your Vendgram Inc Transactions, or for collecting, reporting, or remitting any taxes owed as a result of your Vendgram Inc Transactions.
It is your obligation to comply with all applicable tax regulations in connection with your use of the Vendgram Inc Services, including, but not limited to, the reporting and payment of any taxes deriving from profits made via use of the Vendgram Inc Services.
Where you use your Vendgram Inc Services abroad, we may be required to comply with foreign tax regulations in certain instances. You undertake to abide by all relevant tax regulations in connection with your use of the Vendgram Inc Services, including, but not limited to, the reporting and payment of any taxes arising from Vendgram Inc Transactions made through the Vendgram Inc Services.
21) Translation Interpretation
If We have made these Terms and Conditions available to You via our Service, they may have been translated. In the event of a disagreement, you agree that the original English text will take precedence.
22) Jusrisdiction
Unless otherwise noted, these Generally Applicable Terms, as well as all additional Vendgram Inc Terms, are governed by the laws of Delaware, United States, and any claim or dispute arising out of them is subject to the exclusive jurisdiction of Delaware courts. These Generally Applicable Terms do not include any alternative dispute resolution methods as a means of disputing or issuing any claims in respect to these Generally Applicable Terms, for the avoidance of doubt.
22.1) For European Union (EU) Users:
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
22.2) United States Legal Compliance
You represent and warrant that:
You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a ‘terrorist supporting’ country, and
You are not listed on any United States government list of prohibited or restricted parties.
23) Miscllaenous
You may be asked to accept additional terms and conditions, either with Vendgram Inc or with a third party, in order to use various functions of the Vendgram Inc Services. You consent to this by opening a Vendgram Inc Account.
You and Vendgram Inc agree that each party may only make claims against the other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. No adjudicator has the authority to consolidate or join the claims of more than one person or party, and no adjudicator has the authority to preside over any type of consolidated, representative, or class action. Any relief granted to one Vendgram Inc Accountholder will not affect the accounts of other Vendgram Inc Account Holders.
These Generally Applicable Terms, as well as all other Vendgram Inc Terms unless expressly indicated otherwise, do not intend to confer any benefit on any third party. Any rights to enforce any of these terms against Vendgram Inc are limited to the Vendgram Inc Accountholder.
Without Vendgram Inc’s prior written agreement, you may not transfer, assign, or sell any rights or obligations you have under the Vendgram Inc Terms, or otherwise award any third person a legal or equitable interest in your Vendgram Inc Account. At any moment, Vendgram Inc reserves the right to transfer or assign any and all Vendgram Inc Terms, as well as any right or obligation arising from them.
We will not be deemed to have waived any of our rights under the Vendgram Inc Terms or relevant laws if we fail to pursue them.
Any subpoena, levy, or other legal procedure that we believe is valid may be followed. We may send you an email, a phone call, or a letter informing you of the procedure.
Vendgram Inc has the right to replace any of their third-party service providers, including the Card Issuer and processor, at any time and without warning.
Vendgram Inc maintains the right, but not the obligation, to edit, change, refuse to post, or remove any provider content, in whole or in part, that is objectionable, erroneous, illegal, fraudulent, or otherwise in violation of the Vendgram Inc Terms in its sole and absolute discretion.
If any term of the Vendgram Inc Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the degree practicable, unless otherwise indicated in any Vendgram Inc Terms.
Exchange rates for foreign currencies fluctuate due to factors beyond our control. Past movements or patterns in foreign currency exchange rates should not be interpreted as a predictor of future changes in such rates.
24) Interpretations
The headers of clauses, schedules, and paragraphs have no bearing on the interpretation of these Terms.
A natural person, a corporation, or an unincorporated body are all considered people (whether or not having separate legal personality).
Any applicable Schedules are icorporated into these Generally Applicable Terms and have the same force and effect as if they were included in their entirety in the body of these Generally Applicable Terms. The Schedules are included in any reference to these words.
Any company, corporation, or other body corporate, wherever and however constituted or established, will be referred to as a company. Unless the context dictates otherwise, singular words include plural words, and multiple words include singular words, and references to one gender include references to the other genders.
The parties to the relevant Vendgram Inc Terms, as well as their personal representatives, successors, and permitted assigns, shall be bound by these Generally Applicable Terms and any other applicable Vendgram Inc Terms, and references to any party shall include that party’s personal representatives, successors, and permitted assigns.
A reference to a legislation or statutory provision means that it has been altered, extended, or re-enacted at some point in the past.
Email, Website notifications, and the Vendgram Inc App are all examples of writing or written.
A party’s commitment not to do something also includes an obligation not to allow it to be done.
In any jurisdiction other than Delaware, United States, any reference to a legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall be deemed to include a reference to that which most closely approximates the equivalent legal term in that jurisdiction.
Any reference to any Vendgram Inc Terms or any other agreement or document referred to in any Vendgram Inc Terms refers to the said Vendgram Inc Terms or such other agreement or document as varied or novated from time to time (in each case, except in violation of applicable Vendgram Inc Terms).
Clause references are to the relevant Vendgram Inc Terms Clauses, unless otherwise noted, and are to Clauses within the Section in which the reference appears. References to paragraphs also refer to the applicable Section’s paragraphs.
References to Schedules refer to the relevant Vendgram Inc Terms’ Schedules, while references to paragraphs refer to the relevant Schedule’s paragraphs.
Any words after the phrases include, in particular, for example, or any similar expression are illustrative and do not limit the meaning of the words, description, definition, phrase, or term preceding those terms.
Supplements to these Generally Applicable Terms are an important element of these terms because they outline how you and Vendgram Inc will use specific Vendgram Inc Services.
The definitions in this document and below apply to these Generally Applicable Terms, as well as all other Vendgram Inc Terms unless expressly specified otherwise.
25) Definitions
25.1) Intellectual Property
Patents, invention rights, copyright and related rights, trademarks and service marks (whether registered or not), business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, styles of presentation of goods and services, database rights, rights to use, know-how, utility model, and protect the confidentiality of confidential information (including know-how) are all examples of intellectual property. This includes all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, intellectual property, whether registered or unregistered, and all similar or equivalent rights or forms of protection that exist or will exist now or in the future in any part of the world. Vendgram Inc Account: Your account with Vendgram Inc which is governed by Generally Applicable Terms, as well as any other applicable Vendgram Inc Terms.
25.2) Vendgram Inc App
Vendgram Inc’s mobile application which allows account holders to manage and access their accounts and information, as well as apply for Vendgram Inc services.
25.3) Vendgram Inc Customer Services:
The Vendgram Inc Services contact center where you can get answers to your questions about your Vendgram Inc Services.
You can contact Customer Services by:
Calling the number listed on our website (calling this number may incur a charge from your network provider);
sending an email to support@vendgram.co using the email address associated with your Vendgram Inc account; or
25.4) Personal Data:
Your name, date of birth, home address, email address, and telephone (landline and/or mobile) number are all registered personal identifiable details connected to the use of your Vendgram Inc Account. Our Privacy Policy contains a complete list of the Personal Data we process.
25.5) Primary Email Address:
The primary email address is the one you entered in your Vendgram Inc Account profile.
25.6) Prohibited Activities
Is as defined under the relevant clause to this agreement.