Terms Of Use

Welcome to Ace Card. By accessing the Ace Card website ("Site") or using Ace Card services, you represent and warrant that you are 18 or older, and you agree and acknowledge to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not access the Site or use the Services. Ace Card reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

These General Conditions of Use apply to all services provided by Ace Card.

Definitions

1. User Responsibility

You are solely responsible for your use of the Site and Services. Because Ace Card merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Ace Card, and Ace Card makes no claim of accuracy of any user-posted material.

2. No warranty and limitation of liability

Ace Card provides the site and services "as is" and without any warranty or condition, express, implied or statutory. Ace Card specifically disclaims any implied warranty of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, and information.

You understand and agree that you use the site and services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.

Under no circumstances shall Ace Card be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the site or services, damages incurred through any links provided on the site and the non-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Ace Card has been advised of such possibility.

This Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and Ace Card. ("Ace Card," "We," "Us" or "Our").

Ace Card is willing to license, not sell, the Ace Card Platform to You only upon the condition that you accept all the terms contained in this Agreement. By signing up with or by using the Ace Card Platform, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Ace Card is unwilling to license the Ace Card Platform to You.

The Ace Card Platform provides a means to enable persons who seek transfer of contact information to certain individuals and vice versa via NFC technology. This Agreement describes the terms and conditions that will govern your use of and participation in the Ace Card Platform.

Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the Services. By using any of the Services, you become a Participant in Ace Card and a User of Services available on the Ace Card Platform ("Participant" or "User") and you agree to be bound by the terms and conditions of this Agreement with respect to such Services.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS Ace Card OR REGISTER FOR THE SERVICES PROVIDED ON Ace Card. We may amend this Agreement at any time by posting the amended terms on the Ace Card Platform. If we post amended terms on the Ace Card Platform, you may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Ace Card Platform. This Agreement may not be otherwise amended except in writing signed by you and Ace Card.

YOUR INFORMATION

Your Information is any information You provide, publish or display ("post”) to the Ace Card Platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a user account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your profile creation by use of Your Information. When You use the Ace Card Platform, you agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this Agreement and Your use of the Services.

SOCIAL MEDIA AND NETWORKING SITES

Ace Card may access, make available and store (if applicable) any content that You have provided to and stored in Your Third-Party Account (the "SNSContent") so that it is available on and through the Ace Card Platform via Your account, including without limitation any friend, contacts or following/followed lists, and Ace Card may submit and receive additional information to Your Third-Party Account as indicated herein. Unless otherwise specified in this Agreement, all SNS Content, if any, shallbe considered to be Your Information and Your Content for the purposes of this Agreement. Depending on the Third-Party Accounts You choose and subject to the privacy settings that You have set in such Third-Party Accounts, personally identifiable information that You post to Your Third-Party Accounts may be available on and through the Ace Card Platform. Please note that if a Third-Party Account or associated service becomes unavailable or the Ace Card Platform’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Ace Card Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Ace Card makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Ace Card is not responsible for any SNS Content.

WARRANTIES

Exercise overall caution and common sense while using Ace Card.

PAYMENTS

Ace Card reserves the right to determine or alter in the future the product and service pricing without notice.

Promotional Offers. Ace Card, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Ace Card may change its Administrative Fee as we deem necessary for our business. We encourage you to check this Agreement periodically if you are interested in keeping abreast of the rate of our Administrative Fee. We will not be responsible for any errors by the Payment Processor. In connection with Your use of the Services, we will obtain certain transaction details, which We will use solely in accordance with Our privacy policy.

RESTRICTED ACTIVITIES

You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in the Ace Card Platform if you have misused the Ace Card Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

With respect to Your participation on the Ace Card Platform or through the Services, you agree that You will not:

Impersonate any person or entity; “Stalk" or otherwise harass any person; Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Service; interfere with or disrupt the Services or the Ace Card Platform or the servers or networks connected to the Services or the Ace Card Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; “frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the Ace Card Platform in order to direct any person to any other web site for any purpose; or

modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.

You further agree that Your Information and Your interactions on the Ace Card Platform shall not: be false, inaccurate or misleading (directly or by omission or failure to update information);

infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

violate any law, statute, ordinance or regulation;

be defamatory, trade libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;

create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or

link directly or indirectly to any other web sites. You further agree that Youwill not transfer, use, or sell Your Ace Card account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.

Verification of IDs and Phone number

Ace Card shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member. Ace Card will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Ace Card platform (whether suffered or incurred as a result of the Ace Card’s negligence or otherwise).

Ace Card shall not be liable for any loss or damage arising as a result of: False, misleading, inaccurate or incomplete information being provided by a Member; The cancellation of a Trip by a Car Owner or Co-traveller; Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-traveller before, during or after a Trip. Ace Card will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services provided by, or enabled through, the Ace Card platform (whether suffered or incurred as a result of the Ace Card’s negligence or otherwise).

Members accept that the limitations on the Ace Card’s liability set out above are reasonable.

PROPRIETARY RIGHTS

Any Android and IOS device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules")

ACE CARD E-MAIL AND TEXT COMMUNICATIONS

E-mail communications and text messages sent from Us or through Us are designed to make Your Ace Card experience more efficient. By becoming a Participant, you specifically agree to accept and consent to receiving e- mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider,the notification service may be deactivated for Your phone number and You may need to re-enrol in the notification service. Ace Card reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do notuse the Services.

INTELLECTUAL PROPERTY

All intellectual property rights on the Ace Card Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Ace Card Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Ace Card Platform or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Ace Card. Ace Card shall own exclusive rights,including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Ace Card respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Ace Card at

ace.smartbusinesscard@gmail.com

A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringing is located. Include enough information to allow Ace Card to locate the material, and explain why You think an infringement has taken place;A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;Your address, telephone number, and e-mail address;A statement by You that You have a good faith belief that the disputed useis not authorized by the copyright owner, its agent, or the law;A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; andAn electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

INDEMNITY

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:

Your breach of this Agreement or the documents it incorporates by reference; any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.

The Ace Card Platform contains (or You may be sent through the Ace Card Platform or the Services) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Ace Card Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Ace Card Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the Ace Card Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site towhich You navigate from the Ace Card Platform or relating to any applicationsYou use or install from the Ace Card Platform.

OTHER DISCLAIMERS

We, Our subsidiaries, officers, directors, employees and our suppliers provide the Ace Card Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do notguarantee and do not promise any specific results from use of the Ace Card Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of theServices will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.

Ace Card is not responsible for the conduct, whether online or offline, of any user of the Ace Card Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the Ace Card Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Ace Card Platform or through the Services.

You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between Youand other Users. Please carefully select the type of information that You post on the Ace Card Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). We have no control over the quality of the information that is exchanged or provided as a result of the Service; nor do We have any control over the truth or accuracy of the Participants' information listed onthe Ace Card Platform. We cannot ensure that a user is who he or she claims to be or that a user will actually complete an arranged service. We reservethe right to change any and all Content, software and other items used or contained in the Ace Card Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Ace Card or the Ace Card Platform.The Ace Card Platform and the Services may be temporarily unavailable fromtime to time for maintenance or other reasons. Ace Card assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Ace Card is not responsible for any technical malfunction orother problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Ace Card Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. WE DO NOT SCREEN THE PARTICIPANTS USING THE SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF Ace Card OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF Ace Card OR THE SERVICES, OR INTRODUCED TO YOU VIA Ace Card OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.

RELEASE

In the event that You have a dispute with one or more Users, You agree to release Ace Card (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Ace Card Platform or the Services.

BREACH

Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:

You breach this Agreement or the documents it incorporates by reference;We are unable to verify or authenticate any information You provide to Us; We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject Ace Card or You or any other User to regulation by any state or local government or regulatory agency; or if We suspect that You have engaged in fraudulent activity in connection with the Ace Card Platform or the Services. AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Ace Card Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Ace Card ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

AGREEMENT TO ARBITRATE ALL DISPUTES AND LEGAL CLAIMS You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Ace Card Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Ace Card ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

NOTICES, COMPLAINTS

We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Ace Card during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

To resolve a complaint regarding the Service, you should first contact Our Customer Service Department by email at ace.smartbusinesscard@gmail.com

This Agreement shall be governed by the laws of India without regard to choose of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Ace Card, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Ace Card with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.