Terms of Use

Last Updated On: 16th September 2021
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE APPLICATION.

Hello and welcome to the Terms of Use (“Terms”) of Vidhi Techinnovation Opportunities Network Private Limited incorporated in accordance with the laws of India, with its registered office at The IVY, B 003, Sushant Lok-1, Block – A, Gurgaon, Haryana 122009 (“VTION” or “We” or “Our” or “Us”).

By downloading, registering and/ or using the Application (defined below) You agree to be bound by these Terms. Your agreement with us includes these Terms and the Privacy Policy available at Privacy Policy (collectively “Agreement”).
PLEASE NOTE THAT THIS APPLICATION IS FOR USERS IN THE TERRITORY OF INDIA ALONE. IF YOU ARE NOT IN THE TERRITORY OF INDIA PLEASE DO NOT DOWNLOAD OR REGISTER ON OR USE THE APPLICATION.

1. DEFINITIONS

1.1. “Application” shall mean the VTION Digital Meter Application made available for Android on the Google Play Store.

1.2. “Member Account” shall mean the account created by the User by downloading, providing the requested permissions and registering on the Application. The Member Account shall be maintained by VTION.

1.3. “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

1.4. “User(s)” or “You” or “Your” is any person registering on or using the Application.

1.5. “Panel Member” refers to User’s who voluntarily agrees to be a member of the VTION media and applications audience measurement panel by registering on the Application.

1.6. “Incentive” refers to reward offered on the sole discretion of VTION to User(s) for downloading, installing and registering the Application and continuing to be a User.

1.7. “Usage Data” refers to the duration of usage and details of usage of relevant applications that are installed in the phone.

2. PARTIES TO THIS AGREEMENT

These Terms describe a contractual agreement between You and VTION regarding Your use of the Application. VTION has the right to refuse registration on or suspend/terminate Your Member Account/ access to the Application in its sole discretion, for any or no reason.
Without limiting the generality of the foregoing, You specifically acknowledge that VTION has the right to terminate/ suspend Your Member Account and/ or prevent Your access to the Application in the event that VTION determines, in its sole discretion, that You have violated VTION policies or shared false and/ or misleading information.

3. ELIGIBILITY CRITERIA

The User(s) must be 18 (eighteen) years of age, a resident of India and agree to be bound by these Terms. If You are below 18 (eighteen) years of age, Your access to the Application must be permitted by Your parent or legal guardian.

4. GENERAL DISCLAIMER

4.1. By using the Application, You agree that You meet with the Eligibility Criteria as detailed in Section 3 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms.
4.2. No joint venture, partnership, employment, or agency relationship exists between You and VTION as a result of this Agreement or Your use of the Application. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
4.3. You agree that You shall not access the Application by any other means other than through the interfaces that are provided by Us.
4.4. You agree that You shall not acquire, download, copy, or monitor any portion of the Application in any way to reproduce or circumvent the navigational structure or presentation of the Application, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Application.
4.5. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Application, any other software, products, models, prototypes, or other items provided by Us.
4.6. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Application or any part thereof, or obtain any content through means not specifically made available through the Application.
4.7. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law.

5. TERMS

5.1. Upon installing and downloading the Application, specific permissions will be sought from You and You will be asked to register on the Application and create a Member Account;
5.2. For registration and creation of a Member Account on the Application, You voluntarily agree to:
5.3. You agree that the Application will seek permission for and capture the make and model of the device on which the Application is installed.
5.4. You agree that the Application will seek permission and access Your device’s location from time to time.
5.5. You agree that transferring of data to VTION backend from the Application may use data connectivity from Your device, either cellular or wi-fi depending on Your data settings. This will be bare minimum in quantum and will be part of Your usage on data plan / wi-fi plan (as the case maybe).
5.6 By ticking in the box below the registration number you are agreeing to allow VTION to contact you on the mobile number for various activities not limited to surveys, payment of incentives notifications, promotional activities etc.
5.7. The Application may prompt You to respond to survey questions relating to the Application/research. Participation in these surveys is voluntary however, You may be incentivized for answering the survey questions in accordance with Section 8 of these Terms. You agree to voluntarily grant a waiver to VTION to access and utilize all information provided by You as responses to survey questions.
5.8. You understand that VTION will be using the Data as collected by the Application and provided by You for the purpose of generating insights on audience measurement and Data Management Platforms for third party advertising purposes. The responses provided by You voluntarily for surveys may also be analysed and commercially used.
5.9. All information provided by You and data collected from Your device will be anonymized and utilized at an aggregated level in summary reports and analyses as VTION sees fit.

6. UNAUTHORIZED USE

You agree not to:
6.1. send or transmit any viruses, corrupted data, or any other harmful, disruptive or destructive code, file or information, including, without limitation, spyware; and
6.2. not use this Application for any purpose other than in accordance with the terms of this Agreement.

7. USER INFORMATION

VTION’s Personal Information collection and use of such Personal Information will be limited to research purposes only and will be governed by the terms of VTION’s Privacy Policy available at Privacy Policy and all applicable laws.

8. INCENTIVE PROGRAM

8.1. VTION may in its sole discretion incentivize You with suitable token rewards in the form of:
from time to time in accordance with the terms of this Section 8.
8.2. All Incentives awarded to You or a Panel Member will be added to the rewards section of Your Member Account.
8.3. Third-party intermediaries may at their sole discretion incentivize You in cash or any other form as they deem fit from time to time, which may be claimed You in the manner specified by the intermediary at the time of providing the Incentive.
8.4. Incentives for milestone events. You may be incentivized based on milestone events such as installing the Application and allowing VTION to analyze Your media & applications usage behavior for VTION’s research or Your continued usage of the Application for a considerable time period and for such other instances as VTION may deem fit from time to time.

8.5. Incentives for Participation in Surveys. VTION may offer You the opportunity to participate in surveys (as part of the research or Application development) from time to time. VTION will incentivize You for Your honest and complete responses to the surveys so long as You comply with the terms of this Agreement.

VTION MAY TERMINATE OR CEASE OFFERING INCENTIVES OR REWARDS UNDER THIS SECTION 8 IN ITS SOLE DISCRETION AT ANY TIME WITHOUT PRIOR NOTICE.

9. TERMINATION

VTION reserves the right to suspend or terminate Your access to the Application at its sole discretion. If You are dissatisfied with the Application Your sole remedy is to discontinue using the Application by uninstalling it.

10. INTELLECTUAL PROPERTY

VTION reserves any and all rights to the Application including rights in all information provided by You or collected by VTION in accordance with the terms of Section 5 above. You hereby grant an irrevocable license to VTION to access and use all such information in accordance with the terms of this Agreement, for the period that You continue using this Application.
VTION’s trade name, logotype, measurement data and all related trademarks, product and/or service names and slogans used in the Application are the property of VTION and shall not be used in any manner without prior written approval by VTION. Your use of the Application shall not be construed as the grant of any license or right to use any trademarks or names appearing on the Application.
The Panel Member shall not use the VTION name or logo, or the program name in such a way as to constitute an endorsement of any party, product, service or sponsor.
You shall notify VTION if You become aware of any actual or suspected distribution or exploitation of measurement data. Also measurement data and other similar credentials shall not be shared with unauthorized individuals or organisations.

11. LIMITATION OF LIABILITY AND LIABILITY DISCLAIMER

11.1. In no event, including but not limited to negligence, shall VTION, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials and functions related thereto. In no event shall the Protected Entities be liable for:
11.2. VTION exempts itself from any claims for damages relating to the Application access, function, quality, possible errors such as spelling errors, bugs, and other factors relating to the Application.
11.3. VTION shall not be liable for any indirect or unforeseeable damages caused to You under any given circumstances.

12. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by the laws of India.
You agree that VTION is solely based in India, and nothing shall give rise to personal jurisdiction over VTION in jurisdictions other than Mumbai, India and You shall not raise any claims against in any court or forum in any jurisdiction other than Mumbai, India.
Any claim or dispute between You and VTION shall be raised within 30 (thirty) days of the dispute arising and will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Mumbai, India and no other place whatsoever.

13. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by VTION. Any consent by VTION to, or a waiver by VTION of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

15. Grievance redressal:

Manoj Dawane is the designated Grievance Officer in respect of the Application. Any complaints or concerns with regards to any content on the Application or any breach of this Terms or Agreement can be directed to the designated Grievance Officer in writing at The IVY, B 003, Sushant Lok-1, Block – A, Gurgaon, Haryana 122009 or through an email signed with the electronic signature sent to grievances@vtion.in