1. Vouch provides a trusted payment and ratings/recommendation services to sellers/providers (for eg. Free lancers) and buyers.
2. Vouch provides this as a way to establish trust quickly, do business quickly and protect payments for all parties involved. The intent is to reduce the time and cost of doing business as well as increase the amount of business conducted.
3. Vouch shall not be used for illegal purposes
4. Vouch shall not be responsible in anyway for under or non-delivered goods or services
5. Seller or provider is responsible to ensure their representations are accurate and they are aware of what they are either representing or agreeing to deliver. They are also responsible to ensure their services or goods provided or sold is free from defects and meets the representations or agreed upon terms with the buyer. The seller is also responsible to meet all timelines and any other obligations agreed to with the buyer
6. Buyer is responsible to ensure adequate response and feedback as well as timely acceptance is provided to the seller or provider. Buyer is further responsible to ensure that no false representations or under or non-performance are provided
2. Description of the Service – The Services are payment protection and transaction management services performed by Vouch., a service of VouchPay Technologies Pvt Ltd which acts as a trusted intermediary in a Transaction which holds the money on behalf of the buyer and/or the seller/provider, to facilitate the completion of the underlying transaction under the terms of this Agreement, the Site and the applicable Transaction Instructions.
3. Limitation of Liability: Vouch has no liability on the underlying transaction and shall not be responsible for the non-performance or non-delivery by the seller or service provider or the buyer. Where the Buyer and the seller/ service provider have mutually agreed to both the contractual terms and the final terms of release of payment, Vouch acting as an agent for both parties, upon this mutual agreement is freed from any and all liability for the money received. The money is held in a fiduciary responsibility and Vouch shall return the money to the buyer in the event of non-performance. In the event of under performance, Vouch shall act as an intermediary and provide a resolution service to ensure both parties come to a mutually acceptable agreement. Vouch shall in no way be responsible for any shortcomings of this mutually agreed agreement.
4. Vouch will receive payment either as an advance or partial payment or as a security fee from the buyer for a transaction that is initiated either by the buyer or the seller or the service provider. Vouch will hold these funds on behalf of the transacting parties as an interest free amount. Vouch shall release the payment to the buyer in full, in the event of cancellation of the transaction, after mutual consent of both the parties. Vouch may release the payment to the seller in full, in the event of successful delivery or completion of goods or services or the contract as mutually agreed upon by both parties. Vouch may also release partial payments to both parties (buyer and seller) in the event of partial delivery or under delivery for the contracted goods and/or services.
5. Vouch is neither responsible nor does it guarantee the performance or suitability of the products and/or services sold or purchases. The buyer and seller shall themselves be wholly responsible. Vouch neither endorses nor denies the representations of the transacting parties. Vouch acts as a trusted impartial intermediary that only acts as an agent that is holding funds on behalf of the transacting parties to enable them to build trust, reduce friction or time taken to do business and provide a means to guarantee performance or delivery to the satisfaction of both parties.
6. Illegal goods or transactions or services: Vouch shall not be used to transact in illegal goods or illegal services or for illegal transactions. The definition of illegality shall be the same as defined from time to time by Governments and law enforcement authorities. Further, Vouch shall also not be used for money laundering or pyramid or ponzi or investment schemes. If it is brought to Vouch’s attention that the funds or the transactions are related to illegal purposes, Vouch reserves the right to cease the funds and notify the authorities.
7. General Conditions of Use – You represent and warrant that all information you provide to Vouch to be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms in the General Instructions and agree to the Transaction Instructions.
8. Obligations of Sellers – On the Transaction Detail Screens, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes Vouch and its authorized agents to initiate credit entries to such Seller’s Account for payment of the purchase price, or applicable balance due, and to debit Seller’s Account to discharge Seller’s obligations. Each Seller in a Transaction shall deliver the items set forth in Transaction Detail Screens directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the Vouch website and on the terms and conditions set forth in the Transaction Instructions and General Instructions. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide Vouch with a tracking or reference number for the shipment of the goods. Seller gives Vouch permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. In the event Vouch does not receive notice of shipment from Seller within ten (10) calendar days of notification from Vouch’s notice to Seller to ship the items, Seller authorizes Vouch to return the funds (excluding Vouch fees) to Buyer. In the event of a return of the items by Buyer, Seller shall notify Vouch of the receipt of the returned items. Upon receipt of such notice from Seller, the Seller’s five (5) day inspection period shall commence. In the event Seller accepts the returned items within the inspection period or fails to act within the inspection period, Vouch shall remit the held funds (excluding Vouch fees) to Buyer. If Seller notifies Vouch of its non-acceptance of any returned items within the Seller’s inspection period, then Vouch will retain the held funds pending resolution of the dispute or take other action as authorized. Further, it is the seller's reponsibility to fully specify and review all terms and conditions of the transaction to ensure accurate and timely support in the event of any disputes. Notwithstanding anything to the contrary above, if all Users to a Transaction agree on the Transaction Detail Screens that there is no shipping required, then no party hereto will have any obligation under this Agreement with respect to shipping.
9. Obligations of Buyers – On the Transaction Detail Screens, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into hold account. Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds via various methods, which may include corporate credit card, charge card, debit card or purchasing card, check (cheque), demand draft, money order, or bank transfer. In the case of bank transfers, Buyer will initiate the transfer to an account designated by Vouch on or before the date set forth in the Transaction Detail Screens. Regardless of the payment method, Buyer authorizes Vouch and Vouch authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer’s obligations. Vouch will deposit funds received from Buyer into an trust account maintained by Vouch (the “Trust Account”). Amounts held in trust do not earn interest for Buyer or Seller. Buyer shall notify Vouch of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify Vouch of the Buyer’s acceptance or rejection of the items before the Buyer’s Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, Vouch shall transfer the payment amount (less any amount payable to Vouch for Vouch fees) to Seller’s Account. Transfer to a Seller generally will be initiated within the next business day from the day on which notice of acceptance of the items is received from the Buyer. Further, it is the buyer's reponsibility to fully review before accepting all the terms and conditions of the transaction to ensure accurate and timely support in the event of any disputes. If Buyer has not notified Vouch of the non-receipt or rejection of the items during the Buyer’s Inspection Period, then Buyer authorizes Vouch to remit the held funds (excluding Vouch fees) to the Seller. Buyer shall follow the procedures set forth on the Site in the event the items are rejected.
10. Our Responsibilities – Vouch is obligated to perform only those duties expressly described in this Agreement and the General Instructions. Vouch shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct. Vouch may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that Vouch is uncertain as to Vouch duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in Vouch’s opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the ed Funds, Vouch may (i) consult with counsel of our choice (including our own lawyers) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the General Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined in the General Instructions.
Our dispute resolution process and responsibilities:
1. Review of mutually agreed terms and conditions* of the transaction and contract between the parties
2. Review of fulfilment of the obligations of the parties based on the mutually agreed terms and conditions
3. Review of order terms and delivery by seller against the terms
4. Review of particulars of the dispute
5. Vouch will determine gaps between mutually agreed terms and conditions and actual delivery
Vouch will suggest a refund in the event of non delivery by seller or release of payment to seller in the event of fulfilment of delivery by seller according to mutually agreed terms and conditions. In the event of partial delivery, Vouch will discuss a partial release of funds or otherwise as the case may be based on the underlying particulars and circumstances of the transaction.
* - Vouch urges all parties to record all terms and conditions on the transaction or order screens. Vouch also provides a secure messaging mechanism within the app which Vouch urges as the primary means to communicate to ensure all aspects of the transaction are visible and transparent to both the parties.
Vouch has a refund policy that is designed to work with your practical needs. Our Refund policy is refund within 2-3 Working days and works as under:
1. Transaction initiated and funded but not accepted by seller: Full refund to your bank account
2. Transaction initiated and funded. Accepted by seller but mutually withdrawn: Full refund without any fees being applied.
3. Transaction initiated and funded. Accepted by seller but in dispute : Dispute will be moderated by Vouch and an amount based on the terms of the contract, particulars of the dispute and with agreement of all parties - respective amounts will be remitted .
Exceptions to the above will be dealt with on a case by case basis. In any case, refunds will be initiated within 2-3 working days of the final decision after consent of all transacting parties
The above terms and conditions are not meant to be exhaustive but inclusive.