Terms and Conditions
Terms and Conditions of Use
ViralPe Sales and Services Private Limited ("ViralPe"), having its registered office located HD015, 7th Floor, RMZ The Spire, Tower 100, Beside ITC Kohenur, HiTech City, Hyderabad, Telengana, India – 500081. operates https://viralpe.com/. (“We”, “Our”, “ViralPe” or Viralpe” “Company” or “Us”, where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) own and/ or operate the website and mobile application, 1Apportunity.com /1Apportunity (“Website”, “Our Website”, “Site”, ”App”, ”Application”, “Platform”). By accessing our websites, mobile apps or platform, you agree to be bound by these Terms and Conditions. 1Apportunity app or ViralPe acts as the data controller for personal information collected through its websites and apps. Our Privacy Policy outlines data processing practices, which meet or exceed industry standards. We engage third-party service providers for order fulfilment and other purposes. Please review our Privacy Policy for security details. You are collectively accepting our privacy, cookies, and other policies by accepting these terms and conditions. Although these terms and conditions will apply if you are using the 1Apportunity mobile application or the website, there may be other terms (such as those imposed by various mobile application stores, such as the Apple App Store, Android Play Store, Microsoft Store, or any other stores where the 1Apportunity application is hosted, from time to time) that will govern how you use the mobile application. By way of reference, these additional terms are deemed to be incorporated into these terms and conditions to the extent that they apply. Contact: info@viralpe.com
1. Registration
1Apportunity’s user-friendly registration (Sign-up) process requires submission of specified information.
Our Terms and Conditions are displayed during sign up for review. By registering for a 1Apportunity account,
you acknowledge that you are at least 18 years old and have the capacity to enter into a binding agreement.
You also agree to provide accurate and complete information during the registration process. 1Apportunity
reserves the right to deny or terminate access to its services at any time, without notice, to any user who
fails to comply with these requirements or any other terms and conditions of the platform.
Declaration: By using 1Apportunity, you declare that you will only utilize the tasks and features on the
1Apportunity platform for legitimate personal purposes. Any unauthorized use of the platform, including but
not limited to commercial exploitation, is strictly prohibited.
1Apportunity reserves the right to block or terminate any user account without prior notice if it reasonably
suspects, based on its risk management standards, that the platform is being used for unauthorized
purposes.
2. User Eligibility
Only those who are able to create a binding contract in accordance with the Indian Contract Act of 1872 are permitted to use ViralPe services. You can only use our services if a parent or legal guardian is present if you are a minor, meaning you are under the age of 18. You must provide up-to-date, accurate information about yourself when registering for our services, including your full name, address, location and any other information that may be needed.
3. 1Apportunity Service
Viralpe Sales and Services Private Limited operates the 1Apportunity mobile app, which facilitates advertising, promotion, and marketing activities. users are provided with opportunities to earn rewards or incentives.To qualify for rewards on 1Apportunity, users must adhere to the task rules, including referral and task completion requirements. This involves selecting a task category, either Social Media or Client-Based, and exploring the available tasks within that category. Users must then complete tasks according to the provided instructions and submit proof of completion, if required. Upon successful submission of completion proof, eligible users will receive rewards from 1Apportunity.
For the purposes of 1Apportunity, a 'Third Party' or 'Client' refers to any individual, organization, company, manufacturer, service provider, or entity that utilizes the 1Apportunity platform to share, promote, or distribute their digital content, products, or services, including but not limited to: Advertisers, Marketers, Brands, Retailers, Service providers, Manufacturers, Distributors, Agencies, Partners
These Third Parties or Clients may use the 1Apportunity platform to reach users, promote their offerings, or conduct marketing campaigns, but they are not employees, agents, or representatives of 1Apportunity.
1Apportunity App ('App') provides rewards to its users ('Users') for completing tasks as per the procedures outlined within the App. These rewards can be redeemed into the ViralPe Wallet ('Wallet') for transactions.
In accordance with the Income Tax Act, 1961, and the rules made thereunder, 1Apportunity will deduct Tax Deduction at Source (TDS) on rewards redeemed or withdrawn from the Wallet. The TDS deduction will be made as per the prevailing tax rates and rules.
To comply with the tax laws and regulations, Users are required to link their Permanent Account Number (PAN) to their Wallet. This is mandatory for redeeming rewards and withdrawing amounts from the Wallet.
By using the App and redeeming rewards, Users acknowledge that they:
- Understand and agree to the rewards and redemption terms
- Are aware of the TDS deduction on rewards redeemed or withdrawn
- Will provide accurate and valid PAN card details for tax compliance
- Are responsible for paying any applicable taxes on the rewards earned
1Apportunity or ViralPe reserves the right to selectively include or exclude products / services at its discretion.
4. Access to 1Apportunity services
1Apportunity strives to ensure error-free transactions, transmissions, and continuous availability of its website and mobile app. However, due to the inherent nature of the internet, this cannot be guaranteed.1Apportunity reserves the right to suspend or restrict access to the website or app at any time, with or without prior notice, to facilitate maintenance, repairs, or the introduction of new features or services. Any such disruptions will be kept to a minimum in terms of frequency and duration.
5. Privacy Policy
Please review our Privacy Policy on our website/app to understand our data handling practices. We maintain confidentiality of your personal information, adhering to applicable laws. Your personal data provided during registration or usage of 1Apportunity’s app is treated confidentially, in accordance with our Privacy Policy and relevant regulations. If you object to your information being transferred or used, please do not use the app for 1Apportunity Services.Please click here to see our privacy policy.
6. Your Account Security and Responsibility
By using 1Apportunity's mobile app, you acknowledge responsibility for maintaining account confidentiality, securing your password and restricting access. You agree to accept liability for all activities under your account/password.You are responsible for:
• Maintaining account confidentiality
• Securing passwords
• Restricting access
• Notifying us of unauthorized use
• Providing accurate registration information
• Using accounts for personal purposes only
• Termination: ViralPe reserves the right to modify/terminate accounts without notice.
The terms and conditions that apply to the user's use of the app are established in this agreement. The user agrees to abide by all of the terms and conditions listed here. The user's right to use the app is exclusive to them and cannot be transferred to another individual or organization. It is the user's responsibility to keep their password or passwords, if any, private and secure.
The user understands that, even though the internet is frequently a secure environment, occasionally there are events or service interruptions that are out of the company's control, and the company will not be held accountable for any data lost during online information transmission. The site may occasionally be unavailable for any reason, including routine maintenance or overload, even though the company aims to make the site accessible twenty-four hours a day, seven days a week.
The 1Apportunity app may experience occasional downtime due to unforeseen circumstances, such as code vulnerabilities, cyberattacks, or other technical issues. In the event of data loss, we may temporarily shut down the service to restore data from our backup systems. We will make every effort to minimize downtime and ensure prompt restoration of service.
When engaging with social media or client-based tasks, you may be required to use external links or download applications. It is your responsibility to verify the integrity, security, and terms and conditions of such links and applications before use.
ViralPe or 1Apportunity disclaim any liability for losses or damages incurred as a result of your use of external links or applications. By proceeding, you acknowledge that you have reviewed and accepted the terms and conditions of such links and applications.
You understand and acknowledge that access to the site may occasionally be interrupted, suspended, or terminated due to unavoidable circumstances that are both within and outside of the company's control. Data loss can happen for a number of reasons. We may shut down the service in order to reconstruct the data from the backup in the event that the data loss issue manifests.
Any aspect or feature of the app, including but not limited to content, availability hours, and equipment required for access or use, may be changed or discontinued at any time by the company. Additionally, the company has the right to stop sharing any part or category of information, alter or remove any transmission method, and alter transmission speeds or other signal characteristics.
Please click here to see our Cookies policy.
7. Rewards
Upon successful completion of a task, the corresponding reward will be transferred and reflected in the user's app account. The system is designed to clearly display the reward associated with each task, ensuring transparency and clarity for the user.Please note that certain circumstances may render a task ineligible for completion or rewards. This includes situations where a user fails to submit required proof of completion, skips or partially completes a task, or violates task rules or guidelines. In such cases, the task will not be considered complete, and rewards will not be issued.
We disclaim liability for transactions that cannot be traced due to technical or systemic errors, rendering them ineligible for qualifying transaction or referral status. While we will make reasonable efforts to recover or trace such transactions, we reserve the right to make the final decision regarding their validity.
8. Referral Program and Referral Earning
We're excited to launch our Referral Program, designed to drive user growth, boost brand awareness, and nurture loyalty. As an existing user, you'll earn consistent referral rewards for inviting new customers to join our community. As long as both you and your referrals remain active users, you'll continue to reap the benefits.What's more, the newer joiners you refer, the higher your referral fees will be, paid out consistently. This is our way of rewarding your loyalty and ongoing support in helping us grow the 1Apportunity community.
At 1Apportunity, you earn a percentage of your referred users' rewards, consistently, for as long as they remain active on the platform. This ongoing incentive rewards your efforts in growing the 1Apportunity community.
9. Intellectual property
ViralPe Sales and Services Pvt Ltd or its content providers own all of the content on the website or/and application, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. This content is protected by Indian and international copyright, author's rights, and database rights laws. ViralPe Sales and Services Pvt Ltd is the exclusive owner of the compilation of all content on this website, which is safeguarded by Indian legislation as well as international copyright and database rights regulations. ViralPe Sales and Services Pvt Ltd or its software providers own all of the software used on this website and in the mobile app, and it is safeguarded by both Indian and international copyright and author's rights laws.Without ViralPe Sales and Services Pvt Ltd.’s (as may be relevant) prior written consent, you are not permitted to routinely extract or reuse any of the website's contents. Specifically, without the express written consent of ViralPe Sales and Services Pvt Ltd (as may be applicable), you are not permitted to use any data mining, robots, or similar data gathering and extraction tools to extract (once or repeatedly) any significant portions of this website for re-use. Additionally, without the express written agreement of ViralPe Sales and Services Pvt Ltd (as may be relevant), you are not permitted to develop and/or publish your own database that includes significant (e.g., prices and product listings) portions of this website
You agree that we hold or have a license for all copyright, trademarks, and other intellectual property rights in and pertaining to the ViralPe website, mobile app, or platform (including user or retailer-contributed content). Although copying content from websites is simple, it is not always lawful. As a result, unless we have granted the appropriate license, no one may reproduce, distribute, display in public, or produce any derivative work from the ViralPe Platform or any of the content found on the Platform.
When a User uploads or includes any content on the Platform, they specifically give us a non-exclusive license (including the ability to grant sub-licenses) to use, reproduce, and distribute that content through our Service and any other interactive services that we or our sub-licensee make available the Service (or a service based on our service); and they give other Users (through us, under the license mentioned in above) the non-exclusive, personal, and non-transferable right to view the pertinent content.
You are collectively accepting our privacy, cookies, refund, and other policies by accepting these terms and conditions.
10. 1Apportunity / ViralPe Role
You accept, agree, and comprehend that the website, mobile app, and platform are online platforms that allow you to earn rewards from the app, whenever you want, from anywhere. Additionally, you understand and agree that 1Apportunity is merely a facilitator and cannot be involved in or have any influence over any of the transactions that take place on the app.The User acknowledges and agrees that ViralPe or 1Apportunity shall not be liable for any losses or damages arising from the User's use of external links or downloaded applications in connection with social media or client-based tasks. It is the User's sole responsibility to verify the integrity, security, and terms and conditions of such links and applications prior to use, and by doing so, the User assumes all risks associated therewith.
1Apportunity acts as a platform for the dissemination of digital content, provided by various organizations, companies, manufacturers, and individuals. Any interactions, whether through social media or client-based tasks, that a user has with our clients, are solely between the user and the client, and do not involve 1Apportunity.
We explicitly disclaim any role as a supplier or seller of products or services offered by our clients. Consequently, we are not subject to any legal requirements imposed on vendors or service providers of such products or services.
Furthermore, 1Apportunity shall not be held responsible or liable for any losses or damages caused by our clients, or any other third-party providers, marketers, or retailer, to users. By using our platform, users acknowledge and accept this disclaimer.
Accordingly, 1Apportunity disclaims any responsibility or liability for the quality, safety, and legality of products or services promoted or marketed through our platform by clients or their representatives, including marketing agencies and retailers.
Furthermore, we do not guarantee or warrant the ability or willingness of clients or retailers to supply, transfer, or deliver goods or services related to such products or services. These aspects are entirely beyond our control and responsibility.
When utilizing the 1Apportunity app or related ViralPe platform, users acknowledge and agree that they are solely responsible for their interactions with clients or vendors, including purchases made through marketing campaigns shared on our platform.
Users are advised to exercise the same caution when making online purchases as they would in offline transactions. By using our platform, users absolve 1Apportunity, its agents, and employees of all liability resulting from or related to such transactions, including claims and demands pertaining to: Unfinished or completed vendor transactions, Goods or services offered for sale or supply, Goods or services actually sold or supplied through or in connection with retailer transactions
To the extent permitted by applicable law, 1Apportunity disclaims all liability in this regard. 1Apportunity participates in various marketing initiatives through our application, featuring encoded links, videos, and content from partner clients. This may result in commissions earned by us when users interact with these links. Our responsibility to these clients is limited to promoting their campaigns to our user base, increasing visibility and reach. If a user chooses to purchase products or services from these clients or third-party vendors, it is understood that the transaction is directly between the user and the client, without involvement from 1Apportunity or ViralPe.
We do not evaluate, examine, warrant, or assume responsibility for the products, services, or content offered by clients, vendors, retailers, marketing agencies, or individuals. This includes, but is not limited to: Website content, Social media links, Campaigns, Availability, Legality, Pricing.
1Apportunity and ViralPe disclaim all liability for the actions, products, content, and services of these clients or third parties. Before transacting with clients or third-party vendors, users are advised to carefully review their terms and conditions, privacy policies, and other relevant documentation.
1Apportunity is merely a facilitator app platform that enables clients (including individuals, organizations, manufacturers, companies, and service providers) to share their online marketing, surveys, promotions, and digital content through our platform, channels, or other digital content providers.
We do not warrant or guarantee the accuracy, integrity, quality, or any other aspect of the products or services showcased by clients through our platform. Users acknowledge that 1Apportunity holds no responsibility in this regard
11. Licence for website / MobileApp access
ViralPe Sales and Services Pvt Ltd grants you a limited license to access and use this website for personal purposes, provided that you abide by these Conditions of Use. However, aside from page caching, you are not permitted to download or alter this app or any of its parts without ViralPe Sales and Services Pvt Ltd.’s express written consent, if applicable. Reselling or commercially using the website or mobile app or its contents, collecting and using the listings, descriptions, or prices, using this platform or its contents in a derivative manner, downloading or copying account information for the benefit of another seller, or using data mining, robots, or other data collection and extraction tools are all prohibited by this license.Without the express written consent of 1Apportunity, as may be applicable, these platforms or any part of them (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose. Without our express written consent, you are not permitted to frame or use framing methods to enclose any of its trademarks, logos, or other proprietary material (such as pictures, text, page layout, or forms). Without ViralPe Sales and Services Pvt Ltd.’s express written approval, you are not permitted to use any meta tags or other "hidden text" that contain ViralPe Sales and Services Pvt Ltd.’s names or trademarks. ViralPe Sales and Services Pvt Ltd.’s permission or license, if applicable, is terminated upon any unauthorized use.
• You are granted free access to this site as a user, subject to the terms and conditions only.
• You can only use the platform as a referee user to track and utilize the rewards you obtain as specified in the terms and conditions.
• You have been granted access as a one-time subscription as any of the Zonal royalty heads, and you will abide by the terms and conditions you accepted.
12. Other Affiliated Businesses
ViralPe.com may be used by parties other than ViralPe Sales and Services Pvt Ltd, its affiliates, and its vendors to run shops, offer services, or sell product lines. Businesses and people, for instance, sell goods through marketplaces. We also offer links to the websites of some other businesses and associated corporations.
We do not guarantee or recommend the products or services of any of these companies or people, or the information on their websites; we are not in charge of looking into or assessing them. The activities, goods, and content of any of these and other third parties are not ViralPe Sales and Services Pvt Ltd.’s obligation or liability. When a third party is involved in your transactions, you can tell, and we might give the third party access to consumer information about those transactions. Their privacy policies and other terms of use should be thoroughly examined.
13. Losses.
Any loss (including lost revenue, profits, contracts, data, goodwill, or wasted expenses) or other indirect or consequential damage that was not reasonably foreseeable to you and us when you started using the app will not be covered by our liability.14. Misuse
You must refrain from using the platform in any way that could disrupt, damage, or otherwise impair it or others' ability to access it. You acknowledge that all electronic communications and content submitted to us from your computer are your responsibility and that you must only use the website for legitimate purposes.If, in our reasonable opinion, the relevant user, zonal loyalty owners, or account appears to be in violation of any provision of this Agreement, we reserve the right to suspend or terminate any user's access to our service, or portions of it.
The platform cannot be used for any of the following purposes.
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• to send, use, or reuse any content that is not yours; unlawful; offensive (including but not limited to content that is sexually explicit or that encourages racism, bigotry, hatred, or bodily harm); deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy; blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; racially or ethnically objectionable, or disparaging; in violation of copyright, trademark, patent, confidentiality, privacy, or any other proprietary information or right; or is otherwise harmful to third parties, linked to or encourages gambling or money laundering, or fosters animosity between various groups based on caste or religion with the intention of inciting violence; or is harmful to minors in any way; or impersonates someone else; or jeopardizes India's unity, integrity, defence, security, or sovereignty, friendly relations with foreign states, or public order; or incites the commission of any crime that is punishable by law, hinders the investigation of any crime, or is demeaning to another country; or objectionable or illegal in any way; or that includes or contains software viruses or any other computer code, file, or program intended to disrupt, destroy, or restrict the operation of any computer resource; or that includes spam, mass mailings, chain letters, political campaigns, or commercial solicitations.
• to mislead or deceive the recipient regarding the source of communications
Users are not permitted to make any attempts to transact with retailers, obtain cashback, or use any other services.
• by giving someone else's personal information or a payment method they are not authorized to use;
• by unfairly or deceptively taking advantage of a retailer's offering, including but not limited to making phony or unauthorized referral links; or
• by violating any terms and conditions that we or the retailer may have applied to that transaction. In the event that a user misuses our service, we reserve the right to cancel any validated or pending payments in the user's account.
It is the responsibility of every user to make sure that any content they upload or link to their account: • does not contain any computer virus, macro virus, Trojan horse, worm, or anything else intended to interfere with, interrupt, or disrupt a computer's normal operating procedures or to surreptitiously intercept, access without authorization, or expropriate any system, data, or personal information;
• does not violate any applicable laws or regulations (including but not limited to laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark, and privacy);
• is not defamatory, offensive, abusive, or of an obscene, indecent, or menacing nature;
• is not intended or likely to cause needless annoyance, inconvenience, or distress to any person;
• doesn't violate anyone's or any entity's rights, including privacy rights or expectations;
• is truthful and equitable when it comes to retailer feedback;
• doesn't promote products or services without permission.
Notwithstanding anything else stated in this Agreement and the Privacy Policy, we retain the right to look into complaints or reported violations of this Agreement and to take any appropriate action, such as notifying regulators, law enforcement, or other third parties of any suspected illegal activity and providing them with any information they need or want regarding your Account, email addresses, usage history, posted materials, IP addresses, and traffic data.
Any user who, at the sole discretion of the retailer or us, has abused the platform or our service or committed fraud using it will have their account closed, and their IP address and email will be blacklisted, making it impossible for them to use it again or register from the same computer.
Please use our contact us option in the platform to let us know if you notice or encounter anything on our platform that seems to violate any of the aforementioned guidelines. Each user agrees that we have the right, but not the obligation, to remove any content that seems to violate this agreement based on information we receive from other users or other parties.
You are collectively accepting our privacy, cookies, refund, and other policies by accepting these terms and conditions.
15. Additional Services
Occasionally, we may provide new or additional services via the Platform. You must abide by any additional terms and conditions that may apply to your use of those services. Any failure by you to abide by a material provision of the terms governing those services will be considered a breach of this Agreement, provided that those terms are communicated to you on the Platform in a suitable manner (as decided by us in our reasonable discretion) at the time you agree to take those services.16. Changes to the terms of service or modifications to the terms
We have the right to modify these Conditions of Use, our application, and our policies at any time. Unless a law or government authority requires a change to those policies or these conditions, you will be bound by the policies and Conditions of Use that are in effect at the time you use the website or place an order with us (in which case it will apply to orders previously placed by you). The legality and enforceability of any remaining conditions will not be impacted if any of these are found to be severable, invalid, or unenforceable for any reason.17. Operation of our Service
When there are legal, security, technological, or business reasons to do so, we reserve the right to remove, alter, or suspend any or all of the Service. Except in cases where an earlier action is required for security reasons or due to technical issues that might otherwise negatively impact our service, we will try to give you 30 days' notice before taking such action.Additionally, there may be occasions when we or the Internet or any third party platforms we depend, encounter technical issues that render the Services unavailable; in these cases, we will take reasonable precautions and utilize reasonable competence to resolve the issues when they are under our control. However, please be aware that neither the Services nor any of the content they contain can be guaranteed to be accessible at all times.
We will, however, make every effort to minimize any scheduled outages, of which you will be notified when you access the Services at the appropriate time.
We may ask you to update your password or other information that allows you to access the Service for security or other reasons, but we will never ask for your password over the phone, by email, or through any other method outside the Platform. The secrecy of your password and any other identifying information is entirely your responsibility.
18. Disclaimer and Limitation of Liability
• DisclaimerBefore using any transactions through the app, you use your best and most responsible judgment. You also understand and agree that you are utilizing the services on the mobile app, or platform at your own risk. You also agree that you will not use the platform for any illegal purposes, but only for personal use. In this regard, we specifically disclaim all responsibility and liability for any acts or inactions of clients or third parties, as well as any violations of terms, representations, or warranties made by the third party or clients. Any problem or disagreement between you and the clients or third party will not be mediated or resolved by us. The quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, and legality of the products listed, displayed, or transacted, as well as the content (including product or pricing information and/or specifications) on the platform, are all further expressly disclaimed. Despite our best efforts to prevent content errors, this app, all of its content, information (including product and service catalogues, specifications or prices etc.), software, and associated visuals are offered exactly as is, with no warranties of any kind. 1Apportunity will never acquire any ownership, rights, or interests in the campaign shown about the goods or services shown on the app, nor will it ever be held responsible for any transactions made due to the campaigns on the site. The mobile apps, and platforms offered by ViralPe Sales and Services Pvt Ltd are provided "as-is," "as available," and with "all faults." All warranties, whether explicit or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose. There may be errors, restrictions, bugs, or other issues with the information and services. Your use of any information or service is completely free of liability from us, our vendors, linked partners, zone loyalty owners, and other parties. Specifically, but not exclusively, we and our affiliated parties disclaim all liability for any indirect, special, incidental, or consequential damages (including damages for lost business, lost profits, savings, litigation, or the like), whether due to product liability, tort (including negligence), breach of contract, or breach of warranty, even if we were informed that such damages might occur. A key component of the foundation of our agreement with you is the above-mentioned negation and limitation of damages. Without these restrictions, this Platform and the offered goods, services, documents, content, materials, and information would not be available. No written or spoken advice or information you receive from us over the Platform or in any other way will establish any kind of guarantee, representation, or warranty that isn't specifically mentioned in this agreement. We disclaim all duty and responsibility for any harm that viruses may cause to an electronic file that contains a form or document.
• Limitation of Liability
Although we promise that the services will be rendered with appropriate care and skill in order to satisfy our criteria, we are unable to guarantee that the services will satisfy your needs. Our liability will be limited to that which is specifically stated in this agreement; we will not be subject to any further obligations, duties, or liabilities under any contract, tort (including negligence, breach of statutory duty, and other torts), or otherwise. Limitation of Liability: We will only be responsible for direct loss or damage, regardless of whether it results from a contract, tort (including negligence, breach of statutory duty, or other tort), or other circumstances, and whether it is the result of our own actions or inactions or those of its employees, agents, or subcontractors. This is always subject to sub clause d. below. In lieu of all other remedies you may have against us and any affiliated parties, ViralPe and the affiliated parties' combined liability for any claim arising out of or relating to the Platform and/or the products, information, documents, and services provided herein or hereby shall not exceed Rs 500.
Whether in contract, tort (including negligence, breach of statutory duty, or other tort), or otherwise, we will not be responsible for: (A) any loss of revenue, business, anticipated savings, or profits; (B) any errors or omissions from the Platform or any services or products available therefrom; (C) the Platform's unavailability or interruption of any of its features; (D) your use of the Platform; (E) the platforms' content and materials; (F) any delay or failure in performance beyond our control or that of any of our affiliated parties.
for any indirect, unique, or consequential loss, damage, expenses, or other claims, regardless of how they came about, including failure to provide the Service on time or at all, or other non-performance of this Agreement. All representations, warranties, conditions, and other terms, whether express or implied (by statute, common law, collateral, or otherwise), are hereby excluded, with the exception of fraud and in situations where applicable law prohibits such exclusions, unless otherwise specified in this Agreement.
To be clear, we shall not be liable to you or anybody else for user-contributed content, user-retailer transactions (or non-transactions), or any conduct or correspondence pertaining to such content or transactions.
In no event shall 1Apportunity and ViralPe be liable for any damages, including but not limited to:
- Direct damages
- Indirect damages
- Incidental damages
- Consequential damages
- Punitive damages
arising out of or related to the use of our platform, or the products or services promoted through it.
19. Other Disclaimers
• Fair Use Disclaimer:1Apportunity and ViralPe respect the intellectual property rights of others. The content on our platform may include copyrighted materials, such as images, videos, music, or text, that are used in accordance with fair use principles under the Indian Copyright Act, 1957.
Fair use is a doctrine under Indian copyright law that permits limited use of copyrighted works without obtaining permission from the copyright holder. The fair use provisions of the Indian Copyright Act, 1957 (Section 52) allow for the use of copyrighted materials for purposes such as: Criticism, Comment, News reporting, Teaching, Scholarship, Research
We strive to ensure that the use of copyrighted materials on our platform falls within the boundaries of fair use. If you believe that your copyrighted work has been used on our platform in a way that constitutes copyright infringement, please notify us.
Notice and Take Down Procedure:
If you are a copyright owner or an agent thereof and believe that any content on our platform infringes upon your copyrights, you may submit a notification pursuant to the Indian Copyright Act, 1957 and the Information Technology Act, 2000 by providing our Copyright Agent with the following information: Identification of the copyrighted work claimed to have been infringed, Identification of the material that is claimed to be infringing, Information reasonably sufficient to permit us to contact you, A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright in charge can be reached at Arbaaz@viralpe.com.
• Warranty Disclaimer:
1Apportunity and ViralPe make no warranties, express or implied, regarding the products or services promoted through our platform. We disclaim all warranties, including but not limited to:
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
- Implied warranties of title
- Implied warranties of non-infringement
We do not warrant that the products or services will meet your requirements, be uninterrupted, timely, secure, or error-free.
Limitation of Liability:
This warranty disclaimer shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.
• No Responsibility Disclaimer:
1Apportunity and ViralPe disclaim all responsibility and liability for any damages, losses, or consequences arising out of or related to:
- The use of our platform
- The content, products, or services promoted through our platform
- Any transactions or interactions between users and clients or vendors
We do not warrant or guarantee the accuracy, completeness, or reliability of any content, products, or services promoted through our platform.
In no event shall 1Apportunity and ViralPe be liable for any damages, including but not limited to:
- Direct damages
- Indirect damages
- Incidental
> - Consequential damages
- Punitive damages
arising out of or related to the use of our platform, or the content, products, or services promoted through it.
Indemnification:
Users agree to indemnify, defend, and hold harmless 1Apportunity and ViralPe, our affiliates, officers, directors, employees, agents, and licensors from and against any claims, demands, actions, or causes of action arising out of or related to their use of our platform.
• Social Media Disclaimer:
1Apportunity and ViralPe maintain an online presence through various social media platforms, including but not limited to Facebook, Twitter, Instagram, LinkedIn, and YouTube.
User-Generated Content:
We encourage users to engage with us on social media, but we are not responsible for user-generated content, including comments, posts, or messages. We reserve the right to remove or delete any content that:
- Is deemed offensive, abusive, or inflammatory
- Violates intellectual property rights
- Is spam or self-promotional
- Is unrelated to our platform or services
Opinions and Views:
The opinions and views expressed by users on our social media pages do not necessarily reflect the opinions or views of 1Apportunity and ViralPe.
Links and Third-Party Content:
Our social media pages may contain links to third-party websites or content. We do not endorse or guarantee the accuracy, completeness, or reliability of such content.
Intellectual Property:
All content, including logos, images, and videos, posted on our social media pages is the property of 1Apportunity and ViralPe, unless otherwise stated.
• Advertisement Content Disclaimer:
1Apportunity and ViralPe are not responsible for the content, accuracy, or completeness of any advertisements displayed on our platform. Advertisements are provided by third-party advertisers, and we do not endorse or guarantee the products, services, or content advertised.
We disclaim all liability for any damages, losses, or consequences arising out of or related to:
- The content of any advertisements
- The products or services advertised
- Any transactions or interactions between users and advertisers
We do not warrant or guarantee that the advertisements displayed on our platform comply with applicable laws, including:
- The Consumer Protection Act, 2019
- The Advertising Standards Council of India (ASCI) Code
- The Information Technology Act, 2000
User Responsibility:
Users are responsible for evaluating the accuracy, completeness, and reliability of any advertisements displayed on our platform. Users acknowledge that they understand and agree to these terms and will not hold 1Apportunity and ViralPe liable for any damages or losses arising out of or related to the advertisement content.
20. Third Party Content:
Materials or content from third parties may be available through hyperlinks on the Platform or may appear on the Platform itself. Any errors, misstatements of law, defamation, omissions, falsehoods, obscenity, pornography, or profanity in the statements, opinions, representations, or other types of content and materials that appear on the Platform or that can be accessed through hyperlinks from the Platform are not our responsibility, and we disclaim all liability for them.21. Communications
You hereby specifically consent to receiving communications from ViralPe about services offered through the platform via SMS, emails, notifications from mobile apps and browsers, and any other messages from time to time.22. Indemnity
You promise to hold us harmless from any debts, claims, or costs resulting from (a) any violation of this agreement by you or through your account, or (b) any dealings with a, an, any or many clients or third party of 1Apportunity.You agree to indemnify and hold harmless ViralPe Sales and Services Private Limited, its affiliates, subsidiaries, and their respective officers, directors, agents, and employees from any third-party claim, demand, action, or penalty resulting from your violation of these Conditions of Use or any referenced document, or from your violation of any laws, rules, regulations, or third-party rights. This includes reasonable legal fees.
You hereby specifically waive any claims or demands you may have in this regard under any statute, contract, or other legal framework, and release ViralPe Sales and Services Private Limited, its affiliates, and any of its officers and representatives from any expense, damage, liability, or other consequence resulting from any of the vendors' actions or inactions.
23. Assignment
Although we retain the right to assign this agreement and to subcontract some or all of our rights and responsibilities under it, we will not do so in a way that lessens the guarantees we have given you. Without our express written authorization, you are not permitted to assign, dispose of, or subcontract any of your rights or responsibilities under this agreement.24. Entire Agreement:
Your complete relationship with us about the ViralPe Services is included in this agreement, which we think is fair and reasonable. With the exception of any fraud or false representation by any of us, it supersedes all prior agreements and understandings with you regarding the Services.We reserve the right to use our rights and remedies in any other circumstance in which you violate these terms, even if we do nothing.
If there is a delay or inability to fulfil our responsibilities under these terms due to a circumstance outside of our reasonable control, we will not be held accountable. Your statutory rights are unaffected by this condition.
You are collectively accepting our privacy, cookies, refund, and other policies by accepting these terms and conditions.
25. Cost, accessibility and Taxes
Pricing and Costs: Prices for products or services promoted through 1Apportunity or ViralPe may vary depending on the client, vendor, or retailer. We do not guarantee that prices will be accurate or up-to-date. Users are responsible for verifying prices and costs before making a purchase. Accessibility: 1Apportunity and ViralPe do not warrant that our platform, or the products and services promoted through it, will be accessible or available at all times. Users acknowledge that technical issues or maintenance may limit access to our platform or certain features. Taxes and Fees: Users are responsible for paying all applicable taxes, fees, and charges related to their purchases or use of products and services promoted through 1Apportunity or ViralPe. We are not responsible for collecting, reporting, or remitting any taxes or fees on behalf of users. By using our platform, users acknowledge that they understand and agree to these terms. If you have any questions or concerns, please contact us. Note: This disclaimer is subject to change, and users are advised to review it regularly On the Internet, including on each page, we provide details our services we do. We are unable to provide more precise availability information than what is shown on that page or elsewhere on the platform. If any of the products you ordered turn out to be unavailable, you will be notified via email while your purchase is being processed.26. Changes to this Agreement:
This agreement is subject to change at any moment, and the updated version will be posted on the Service. Following this, the updated terms and conditions will be posted on the Service, govern the Service, and regulate your relationship with us. They will also take effect: if any of the changes are to an operational provision of this Agreement that could negatively affect you, starting at least three days after the date of posting (or later if we specify in the relevant posting); if you do not want to be bound by the new version of the Agreement, you may notify us on or before the date the new version of the Agreement is to take effect, and you must stop using our service as of that date. If the changes are not to operative provisions or cannot negatively affect you, they will take effect immediately upon the date of posting (or at a later date specified in the relevant posting). Examples of such changes would include, but are not limited to, modifications to the contact information mentioned or the improvement of already-existing provisions in this Agreement.27. Severability
The remainder of this agreement will still be enforceable and legitimate even if any of its terms are found to be invalid or unenforceable. This Agreement does not intend to form an agency, partnership, joint venture, or employee-employer relationship; you and ViralPe are independent contractors. Our right to take action in response to subsequent or comparable breaches is not waived by our inaction about a breach committed by You or others.28. Grievance
The following are the specifics of ViralPe’s Grievance Officer for the purposes of this Agreement, in accordance with the Information Technology Act of 2000 and its regulations as well as the Consumer Protection (E-Commerce) Rules of 2020:Name: Mr. Arbaz Khan
Designation: VP
Address: RMZ The Spire, Tower 100, Hi-Tech City, Hyderabad, Telangana - 500081
Email ID: Arbaaz@viralpe.com
Any user who feels wronged, has any questions, or plans to file a complaint about any infraction of these terms of use may submit a written complaint to the grievance officer, who will address the issue within one (1) month of receiving it.
Note: We have the right to change the aforementioned information at any time. Giving the grievance officer fraudulent, deceptive, or erroneous information could lead to criminal or civil punishment.
29. General
The remainder of this agreement will still be enforceable and legitimate even if any of its terms are found to be invalid or unenforceable. This Agreement does not intend to form an agency, partnership, joint venture, or employee-employer relationship; you and we are independent contractors. Our right to take action in response to future or comparable breaches is not waived by our inaction regarding a breach committed by you or others.30. Governing Law:
The laws of India govern this Agreement, our relationship with you, and our relationship with each User. Regarding any issues arising out of this Agreement, you and we both submit to the non-exclusive jurisdiction of the Indian courts.Any disputes arising out of or related to this warranty disclaimer shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.
By using our platform, users acknowledge that they understand and agree to these terms, and comply with all applicable laws, including the:
- Indian Contract Act, 1872
- Consumer Protection Act, 2019
- Sale of Goods Act, 1930
31 Keeping this Agreement:
The individual agreements that users sign when they sign up for ViralPe Services are not filed separately by us. It is available on our platform. Please print this agreement and/or save a downloaded copy to your computer to create a permanent copy. It is only available in English.You are collectively accepting our privacy, cookies, refund, and other policies by accepting these terms and conditions.