fbpx
Vencru Logo

Agreement to Terms 

The following terms and conditions govern all use of the https://vencru.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to Vencru and all content, services and products available at or through the website, including, but not limited to, Vencru mobile software application (“Vencru“) (collectively referred to as the Platform). The Platform is owned and operated by the Vencru Inc. doing business as (“Vencru”, “we”, “us”, or “our”).  

The Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Vencru privacy policy) and procedures that may be published from time to time on this Platform by Vencru (collectively, the “Agreement”). 

You represent to us and warrant that you have the right, authority, and capacity to enter into this Agreement. If you are entering into this Agreement for an entity, such as the company you work for or own, you represent to us that you have legal authority to bind that entity. You may not access or use the Platform or Services if you are not at least 18 years old or of full legal capacity within your region. (By using the platform, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. If you do not agree with all of the provisions of this Agreement, you cannot use the Services. 

Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by Vencru, acceptance is expressly limited to these terms. If you do not understand any of the terms and conditions of this Agreement or have any questions about the Terms, please contact us before using the Services by emailing us at admin@vencru.com 

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk. 

1. Modification of Terms of Service 

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason including but not limited to legal or regulatory reasons, or to allow the proper operation of the Platform. We will alert you about any changes by updating the “Last updated” date of these Terms of Use on the Platform, and you hereby waive any right to receive specific notice of such change. Modifications will become effective on the day they are posted unless stated otherwise.  

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date that such revised Terms of Use are posted on the Platform. Any revised Terms shall supersede all previous Terms. 

2. Registration of Accounts and Conditions of Usage 

You agree to use Vencru and the Services for the purposes that they were intended and only in accordance with the terms of this agreement. 

If you register a company and/or account on the Platform, you agree, represent and warrant to a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Vencru has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Vencru may terminate your user account and refuse current or future use of any or all of the Services. 

Your registration on the Platform constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for i) keeping your username, password, account details, and all information required in connection with your use of Vencru confidential and up to date and ii) ensuring that all activities that occur in connection with your account comply with this Agreement. You are responsible for maintaining the security of your company and/or account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the company.  

If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us, we may be required to provide access to the account. You agree to hold harmless and release Vencru or other related Parties from any liability if we do so. 

If you are a user on the Business’ team dashboard, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you will act in good faith to keep relevant data protected. If you leave the business and your business’s principal contacts us, we may be required to provide access to the account. You agree to hold harmless and release Vencru or other related Parties from any liability if we do so. 

You must not describe or assign keywords to your company and/or account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Vencru may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Vencru liability. We also reserve the right to remove, reclaim, or require that you change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

We do not guarantee that our Platform, or any Content on it, will always be 100% accessible or uninterrupted. We will not be liable (legally responsible) to you if, for any reason, our Platform or the Services or Content accessible on our Platform are unavailable at any time or for any period. 

Furthermore, you are entirely responsible for any activities that occur under your account. You must immediately notify Vencru of any unauthorized uses of your company, your account or any other breaches of security.  

Vencru will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You agree to hold harmless and release Vencru from any loss or liability whatsoever that you may incur as a result of someone other than you use your username, password or account, either with or without your knowledge. You agree to indemnify Vencru for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible. 

2.1   User Representations 

By using the Platform, you represent and warrant that: 

  1. you have the legal capacity, and you agree to comply with these Terms of Use and all other documents incorporated by reference. 
  2. you are not a minor in the jurisdiction in which you reside (or if a minor, you have received parental permission to use the Platform). 
  3. you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise. 
  4. you will not use the Platform for any illegal or unauthorized purpose.
  5. your use of the Platform will not violate any applicable law or regulation.

3. Electronic Delivery 

By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to: 

  1. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto. 
  2. annual disclosures. 
  3. transaction receipts or confirmations. 
  4. communication in relation to delinquent accounts (which may also be by phone and may be made by Vencru or by anyone on its behalf, including a third-party collection agent). 
  5. Account statements and history; and 
  6. federal and state tax statements. 

We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Platform. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Platform. You further agree that your electronic signature has the same effect as your manual, physical signature. 

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date. 

3.1  How to Withdraw Your Consent 

You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Vencru may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies 

4. Fees And Payment 

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date etc., so that we can complete your transactions and contact you as needed. 

We accept the following forms of payment: 

– Visa 
– Mastercard 
– PayPal 

We will bill you through an online billing account for purchases made via the PlatformValue Added tax/Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in currency (e.g., US Dollar, Canadian Dollar, NGN Naira) as clearly stated. 

You agree to pay all charges or fees at the prices stated for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. 

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. 

4.1 Free Trial 

We offer a 30-day free trial to new users who register with the Platform. At the end of the free trial period, you are required to pay the relevant subscription fee, or the use services will be restricted Platform 

The account will be charged according to the user’s chosen subscription at the end of the free trial. 

4.2 Automatic Renewal 

Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you hereby authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date 

4.3 Cancellations 

Subscriptions can be cancelled at any time from the Platform‘s Subscription page. In such a case, you won’t get support and updates after the subscription period ends.  

Alternatively, you can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our services, user to write in/please email us at admin@vencru.com or call us at +1 81 818 631 9390. 

4.4 Refund Policy 

Unless indicated otherwise at the explicit discretion of Vencru, all sales are final, and no refunds are provided for any products or services provided. 

5. Copyrights, Trademarks and Intellectual Property 

Vencru and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, mobile app/web page designs, mobile app/web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Vencru and its services. The technical procedures, processes, concepts and methods of operation that are inherent within Vencru constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered by you while using Vencru or otherwise provided for accessing Vencru on your behalf shall at all material times remain the property of the user. You hereby grant to Vencru a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by you in connection with Vencru and the Services for uses related to the delivery of the Services. 

Materials on and relating to Vencru, including the content of Vencru and any software downloaded from Vencru, are protected by copyright, trademark and other intellectual property laws. Subject to your ownership of your user content and data, Vencru reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of Vencru or any content therefrom without Vencru’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Vencru. 

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following: 

  1. the use is for illustrative purposes. 
  2. the use may not imply any endorsement or affiliation by or with Vencru. 
  3. the screenshot does not contain any commentary which may appear to have been attributable to us. 
  4. the screenshot does not contain any third-party content; and 
  5. the use does not infringe on any of these terms of use. 

Vencru has rights to several trademarks which it uses in connection with the operation of the PlatformVencru does not grant the users any right or license to use Vencru trademarks or any logo, tradename or other intellectual property other than as expressly set out herein and in other licenses between you and us 

6. Restrictions on Use 

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Vencru; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication. 

No user shall use any means to restrict or prevent another user from accessing or enjoying Vencru. 

No user shall be permitted to upload material into Vencru that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our Platform. You may not use Vencru and the Services in a manner which could block access to, impair, damage or otherwise disable Vencru or any of our servers. You may not attempt to gain unauthorized access to Vencru or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws. 

No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Vencru in a manner that is inconsistent with our intellectual property rights over the software. 

No user shall promote any commercial interest, falsify or delete any information on Vencru, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Vencru under false pretences 

Inactive User Accounts PolicyWe reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data.  

ComplaintsIf we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Vencru in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Vencru to the complainant. 

7. Third Party Links, APIs and Content. 

The Platform may contain (or you may be directed via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third party service providers (“Third-Party Content”). 

Some of the functionality of the Services and Vencru may interoperate with, other application programming interfaces (APIs) from third parties, such as Google. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Vencru and the Services. In addition, if you authorize us to do so, we may grant third parties’ access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services. 

You acknowledge that such sites and services are completely independent of Vencru and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites.  

In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third-party services. You acknowledge that any use of the products and services offered by such third-party services providers (e.g., for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that use of such third-party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third-party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third-party service providers whether or not such use is ancillary to your use of Vencru. The availability of such third-party services in connection with Vencru does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree that we are not liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

8. User Generated Contributions 

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

However, you shall be solely responsible for such content/contribution and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.  

In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Vencru will have the right to block access to or remove such content made available by you if Vencru receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Vencru for this purpose. 

Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform. 

9. Responsibility Of Visitors 

Vencru has not reviewed, and cannot review, all of the material, including computer software, posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the PlatformVencru does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 

Vencru disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. 

11. Guidelines For Reviews 

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

  1. you should have firsthand experience with the person/entity being reviewed. 
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language. 
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. 
  4. your reviews should not contain references to illegal activity. 
  5. you should not be affiliated with competitors if posting negative reviews. 
  6. you should not make any conclusions as to the legality of conduct. 
  7. you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 
  8. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 
  9. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

12. Submissions 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

13. Reservation Of Rights 

We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions. 

14. Platform Management

We reserve the right, but not the obligation, to: monitor the Platform for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. 

15. Limitation of Liability 

THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE VENCRU FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF VENCRU AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THE PRO NETWORK AND THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO VENCRU; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF VENCRU AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE. 

FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, VENCRU AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.  

16. Disclaimer

EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, VENCRU, ITS LICENSEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT VENCRU, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VENCRU AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE VENCRU, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO VENCRU AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF VENCRU AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING VENCRU AND THE SERVICES. 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

17. Indemnification

You agree to defend, indemnify, and not hold us liable- including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, in event of any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Platform; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

18. User Data

We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

Authorization to Export DataThe subscriber and the user acknowledge that we may retain a copy of his/her/its transactional information gathered through the use of Vencru and other information uploaded on the subscriber’s account. We may in certain circumstances export user information outside the Province of Ontario and outside of Canada. We shall not share personal information with anyone except in the manner provided in our Privacy Policy.  

Ownership and Disclosure of Information. 

You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Vencru. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following: 

  1. For the purposes of fraud prevention and law enforcement. 
  2. To comply with any legal, governmental or regulatory requirement. 
  3. To our lawyers in connection with any legal proceedings; and 
  4. To comply with a court order. 

If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Our Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information

19. Term and Termination 

These Terms of Use shall remain in full force and effect while you use the Platform 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

We may also terminate this agreement and your use of Vencru at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way.  

In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors. Upon such termination, you must immediately cease using Vencru indefinitely. We may at our option immediately block your access to Vencru. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

 

20. Privacy Policy

Vencru’s Privacy Policy is hereby incorporated into this Agreement and applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and your business’ financial information collected for the purposes of the Services offered through our Platform. Our Privacy Policy is based on applicable legislation and may be updated from time to time. 

If you access the Platform from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada and the United States, then through your continued use of the Platform, you are transferring your data to our data storage base in the United States, and you expressly consent to have your data transferred to and processed in the United States. 

Where we do transfer your personal information, appropriate arrangements will be made in order to ensure correct and secure data processing in compliance with applicable data protection law. 

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical. 

21. Governing Law

Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Canada, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada. 

You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.

22. Dispute Resolution

22.1 Informal Negotiations 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

22.2 Arbitration 

Any dispute arising out of or in connection with this Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.  

The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be Toronto, CanadaThe language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Canada.  

22.3 Restrictions 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

 

22.4 Exceptions to Informal Negotiations and Arbitration 

 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

23. General

Please report any violations of the Platform Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at admin@vencru.com. 

These Terms of Use and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others or entity at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause or event beyond our reasonable control. 

Vencru shall not be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, pandemic, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.  

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 

Save as otherwise provided, no provision of these Platform Terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favour of that person. 

Get 25% off for 12 months. Use coupon VENCRU25. Offer until April 15 

00DAYS: 00HOURS: 00MINS: 00SECS Expired