This document is an electronic record under the Information Technology Act, 2000 and rules thereunder as applicable and therefore the amended provisions concerning electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and doesn’t require any physical or digital signatures.

This document is published and shall be construed following the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that need publishing the principles and regulations, privacy policy, and user agreement for access or usage of www.vivdeals.com website.

User Agreement

Your use of www.vivdeals.com and every one of the web-pages, hyper-links, tools, and services provided thereunder (hereinafter mentioned as “the Website” which expression shall include any successor or replacement website(s)) is governed by the subsequent terms and conditions as applicable to the website (“User Agreement”). This User Agreement shall inherit effect upon each visit or usage of the website, or your registration, or upon you providing any information on the website. during this User Agreement, you’re contracting with VIVDeal Brands Private Limited, a corporation incorporated under Companies Act, 1956, hereinafter mentioned as “the Platform” which expression unless the context otherwise requires shall mean and include its successors, liquidators, and assigns.

For the aim of the User Agreement, “Registered User”, “Visitor”, and wherever the context may so require, “You” shall mean any natural or legal one that has agreed to become a member of the web site by providing Registration Data (as defined hereinafter) while registering on the web site as a Registered User using the pc systems of the web site, or who have used the web site without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification user name (“User ID” and “Password”) to become a Registered User. The term and expression “You” shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators, and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. “Acceptance” shall mean your affirmative action in clicking on the ‘check box’ and/or on the ‘continue’ button and/or any affirmative action as provided on the registration page or using or accessing the website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the web site or generally using the website in any manner, with or without using Your User ID and Password. If you do not agree or aren’t willing to be bound by the terms and conditions of this User Agreement, please don’t click on the ‘check box’ or the ‘continue’ button or any other button and don’t seek to get access to or otherwise use the website.

Amendments to the User Agreement

The Platform may amend this User Agreement at any time by posting a Revised Version on the website. The Revised Version is going to be effective at the time Platform posts it on the website. You’re advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers:

The following disclaimers are the key to determining any relationship between you and therefore the Platform for Your use of the web site and Platform providing any services on the Website:

• Platform and its suppliers, affiliates, and service providers provide the website and services on an “as is” basis and without any warranty or condition, express, implied, or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a specific purpose and non-infringement. You expressly agree that your use of the website is at your risk.
• The responsibility of the correctness of the declarations displayed on the Platform about the products shall lie with you.
• The Platform, its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content or information/declarations provided by the Merchants for his or her products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and therefore the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the utilization of the website or that the operation of the website is going to be error-free and/or uninterrupted.
• The Website is merely a venue where users may meet and interact with each other for their transactions. The platform isn’t and can’t be a celebration to or control in any manner any transaction between two users of the website. Platform neither recommends you to shop for or sell any goods or services on the website nor endorses any such goods or services nor provides any guarantee, warranty, or assurance concerning any goods or services made available on the website. Further, Platform doesn’t guarantee, warranty or provide any assurance on the behavior of any user of the website including any guarantee, warranty, or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided within the clause titled “Limitation of Liability”, Your sole and exclusive remedy and Platform’s sole and exclusive responsibility and liability are to supply You necessary information (subject to the Privacy Policy and applicable laws) for You to affect other users of the web site (including the sellers listed on the Website) concerning any dispute.
• Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain gems and jewelry certification services, and payment facilitation through a nodal bank(s) under applicable laws. You understand, agree, and acknowledge that the Platform will engage independent third-party service providers to perform these services. The Platform may on a reasonable efforts basis procure ordinary industry standard warranties from these third parties. you further understand, agree, and acknowledge that the Platform won’t be held liable or responsible towards You or towards a person claiming under or through You for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under the public policy) of those third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the entire aggregate liability of the Platform shall be limited to the extent provided within the clause titled “Limitation of Liability”.
• You understand, agree, and acknowledge that Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified within the Privacy Policy) and such third parties may store and process your personal information during a country or state which cannot have jurisdiction over You and/or such country or state might not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws might not be as strong because the country or state having jurisdiction over You or the Platform. You agree and understand that Platform provides no guarantee, warranty, or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under the general public policy) of those third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.

You agree that the aforesaid disclaimers shall be added to any other disclaimers given during this User Agreement.

Electronic Communications

When You use the website or send emails or other data, information, or communication to the Platform, You agree and understand that you are communicating with the website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the website will be construed as Your ‘designated electronic address’ and therefore the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which can be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, you furthermore may accept and comply with be bound by various policies of the Platform as provided from time to time in various hyperlinks on the website.

Membership Eligibility

Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents, etc. aren’t eligible to use the website. If you’re a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not sell, purchase, or bid for any items on the website. As a minor, if you would like to purchase or sell an item on the website such a purchase or sale could also be made by your legal guardian or parents who have registered as users of the website. Platform reserves the right to terminate your membership and refuse to provide you with access to the website if it’s brought to Platform’s notice or if it’s discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you’re registering as or on behalf of a business entity, you represent that you simply are duly authorized by the business entity to accept this User Agreement and you’ve got the authority to bind that business entity to this User Agreement.

Membership Benefits

As a registered member of VIVDeal, your address, email-id, and other delivery details become automatically saved in the “My Account” section of the website, accessible only to you. You’ll track all of your orders by logging in to the “My Account” section with the User ID and Password set by you. You’ll save items you’re interested in, using the “My Wishlist” feature, for straightforward purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the web site by various sellers, also as promotional schemes, will be e-mailed to you at regular intervals.

Your Account and Registration Obligations

If you use the website as a Registered User, you’re liable for maintaining the confidentiality of your User ID and Password. You’re liable for all activities that occur under your User ID and Password. You agree, inter alia, to supply true, accurate, current, and complete information about yourself as prompted by the website registration form or provided by You as a Visitor or user of a third party site through which You access the website. If you provide any information that’s untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or utilized in future, with respect to Your information.

Fees and Services

Membership and browsing on the web site are free. As per the foreign exchange Management (Transfer or Issue of Security by an individual Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfillment, call center, payment collection, and other services.” Accordingly, the Platform through various third-party service providers engages so as fulfillment services for orders placed on the website and should charge a nominal fee for an equivalent. All additional fees which will be charged shall be visible for confirmation on the order checkout page.

Taxes

You are liable for paying all fees (if any) associated with the utilization of the website and you agree to bear any and all applicable taxes, charges, cesses, etc. levied thereon.

Use of the website

You understand and agree that Platform and therefore the Website merely provide services to its Registered Users and persons browsing/visiting the website. All items advertised/listed and therefore the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The website also contains various third party user-generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained within the transmission. The platform has no control over the third party user generated contents.

You agree, undertake, and ensure that your use of the website shall be strictly governed by the subsequent binding principles:

You’re solely liable for Your Information, and therefore and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update, or share any information or share/list(s) any information or item that:

• Belongs to another person and to which you are doing not have any right.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging concealment or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
• Harm minors in any way.
• Infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
• Violates any law for the nonce in force.
• Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• Impersonates another person.
• Contains software viruses or the other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines which will damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information
• Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
• Is false, inaccurate, or misleading.

You shall not, directly or indirectly, offer, plan to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.

You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.

You shall not link directly or indirectly to or include descriptions of items, goods, or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian penal code, 1860, Information Technology Act 2000 as amended time to time and rules thereunder.

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or mentioned herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and take away non-compliant information. This right is added to all or any other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law, or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International Laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. in particular, you shall make sure that if any of your items listed on the website qualifies as an “Antiquity” or “Art treasure” as defined within the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the humanities and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.

Platform for Communication

The Website is merely a venue where users may meet and interact with one another for his or her transactions. The platform isn’t and can’t be a party to or control in any manner any transaction between two users of the website.

All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services, and after-sales services associated with goods and services. The platform doesn’t have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to sellers and buyers of the website as provided in various rules and policies on the website.

The platform isn’t liable for any non-performance or breach of any contract entered into between users. The platform cannot and doesn’t guarantee, warrant, assure, or make sure that the users will perform, undertake, consume, or conclude any transaction concluded on the web site. The platform shall not and isn’t required to mediate or resolve any dispute or disagreement between users.

The platform doesn’t make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the website. In particular, Platform doesn’t implicitly or explicitly support or endorse the sale or purchase of any items or services on the website. The platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

The platform doesn’t make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You’re advised to independently verify the bona fides of any particular User that you choose to deal with on the web site and use your best judgment thereon behalf.

The platform is merely providing a platform or venue for communication and it’s agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the vendor and therefore the buyer. At no time shall any right, title, or interest over the things vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, apart from certain transaction support services as provided in various rules and policies on the web site.

The platform isn’t liable for the unsatisfactory or delayed performance of services or damages or delays as a result of items that are out of stock, back-ordered, or otherwise unavailable. All items are offered only for a restricted time and just for the available supply.

You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel, and representatives from any cost, damage, liability, or other consequence of any of the actions of Your on the website and specifically waive any claims that you simply may have in this behalf under any applicable law.

The platform cannot control the information provided by other users which is made available on the website. You’ll find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the website.

The function of the Platform is restricted to providing access to a communication system over which information made available by you is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe on this behalf. The Platform does not:

• Initiate the transmission;
• Select the receiver of the transmission; and
• Select or modify the information contained in the transmission.

Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in reference to the products shall lie with you.

Privacy

The Platform collects, stores, processes, and uses your information in accordance with Platform Privacy Policy. By using the web site and/ or by providing your information, you consent to the collection and use of the information you disclose on the website by Platform in accordance with the Privacy Policy.

Payment Facility

The platform may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers, and for the collection of Platform Fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers, or through any facility as could also be authorized by the reserve bank of India for collection, refund, and remittance, as the case may be of payment or supporting the same in any manner.

Delivery

Delivery (Transportation) is free of cost depending on the location. In certain cases, Society, Building, etc doesn’t allow to use of the lift. So in this scenario, manhandling charges could be applicable. Manhandle the products till the first floor is free, above the first-floor, ₹100.00 per product per floor are to be charged. The above-mentioned charges are purely a labor charge, customers are willing to negotiate they can freely negotiate with the laborers.

Breach

Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the website in the event, but not limited to:

• If you breach the User Agreement or any terms or policies of the website.
• If your actions may cause legal liability for you, other users, or the Platform.

The platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Selling

You must be legally ready to sell the item(s) you list for sale on our Website. You must ensure that the listed items don’t infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description doesn’t match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods, or products of any description that you simply wish to supply for sale on the website. You shall have absolute right, title, and authority to deal in and offer for sale such items, goods, or products. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. You shall inform the Platform at the time of listing your product and after the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and therefore the Legal Metrology Act, 2009 to be displayed on the website and make sure that the declarations on the package of the product are duly complied with and regularly updated, as and when there is a change therein.

VIVDeal Brand Protection Policy

VIVDeals.com “website” is an online marketplace and an intermediary as defined by applicable laws and facilitates the online sale, by third party merchants and vendors who list their products on VIVDeals.com. VIVDeal is an intermediary and doesn’t control the products sold on the website, however, it’s at discretion in accordance with the applicable laws to remove content and products from the website if VIVDeal determines in its sole discretion that such products/content are in violation of VIVDeal policies or any applicable laws.

VIVDeal respects third-party intellectual property rights and actively supports the protection of all third-party intellectual property including copyrights and Trademarks (“IP”). VIVDeal is committed to removing infringing products from the website. To facilitate this, VIVDeal has put in place an Infringement verification process so that intellectual property owners could easily report listings that infringe their rights.

• Report of Violations of Your intellectual property rights: If you suspect that your IP right has been infringed by any of our sellers, you’ll follow the below process:
• The property right owner or authorized agent provide the subsequent details and email it to grievanceofficer@vivdeals.com. The email/takedown notice should contain the below information.
  • Identification or description of the copyrighted work/ trademark that has been infringed.
  • Clear identification or description of where the material that you simply claim is infringing is located on www.vivdeals.com with adequate particulars. Product ID/website links of infringing products (in case of copyright infringement).
• Your address, telephone number, and email address.
• A press release by you that you simply have a good faith belief that the utilization of the material complained of isn’t authorized by the copyright or property owner, its agent, or the law.
• A statement by you, that the information in your notice is accurate and that you’re the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• Brand name (in case of Trademark infringement).

• Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments).
• Once we receive the information, we’ll evaluate the contents of the notice and verify details.
• We may take such action as we deem appropriate in keeping with our policies and applicable laws which can include, asking for further details from you or taking down the content that was the subject matter of your notice.

VIVDeal assures a takedown of any listing that infringes third-party IP rights within 1 working day after being satisfied that:

Ownership of intellectual property has been established.

The infringer has been identified through proof of purchase or any other document.

The claim of infringement is based on an objective and reasonable basis.

Within the absence of the above, VIVDeal also delists products within 1 working day of compliance with any directions or order passed by a court or any other relevant authority. VIVDeal strongly condemns counterfeiting and infringement of IP rights. VIVDeal prohibits the sale of such products on its website and penalizes sellers who are found to be selling counterfeits on VIVDeals.com.

Exclusive or Selective Distribution: VIVDeal respects a manufacturer’s/seller’s right to enter into exclusive distribution agreements for its products. However, violations of such agreements don’t constitute intellectual property rights infringement. As the enforcement of these agreements may be a matter between the manufacturer and therefore the retailers, it might not be appropriate for VIVDeal to assist in enforcement activities.

Limitation of Liability

In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the website, its services or this agreement (however arising, including negligence or under torts or under the public policy).

In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform’s entire liability and your sole and exclusive remedy in any circumstance are limited to the following:

If you’re a seller on the Platform: a number of Platform Fees, if any, paid by you as a seller on the website to Platform for the transaction under dispute.

If you’re a buyer: the Platform’s entire liability and your sole and exclusive remedy in any circumstance are limited to exercise its reasonable efforts to enable to you get the refund of the product price from the seller on the website.

Other than the aforesaid, Platform shall haven’t any liability to you.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform’s shareholders, subsidiaries, affiliates, third parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Platform and You shall don’t have any authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractors and on a principal to principal basis.

If any clause of the User Agreement shall be deemed invalid, void, or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between you and Platform with reference to the subject matter hereof.

In Platform’s sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on a reasonable efforts basis and if practicable may provide you with an advance intimation of any such acts.

Other Complaints

In the event you’ve got any complaints or concerns with reference to the website or our services, please contact our Customer Support.

Governing Law

This User Agreement and all the rules and policies contained herein and any of your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.

Arbitration

If any dispute arises between You and Platform during Your use of the website or You’re dealing with the Platform in reference to any activity on the website, in reference to the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

E – COUPONS

The Terms and Conditions laid down here shall be applicable on all the E-Coupons used across the website and shall be read together with the existing Terms of Use and other policies as stated on our website www.vivdeals.com (“Website/Platform”) and as applicable from time to time

Any offer (“E-Coupon”) contained in any electronic communication, or any communication that may be displayed on the website, is made by sellers registered on the Platform, and not by the Platform itself. The offers provided to the customer by the sellers are often availed by way of the utilization of E-Coupons.

Offer under the E-Coupon maybe in the kind of instant discounts and/or cashback in kind of VIVDeal Credits (“VIVDeal Credits”) and/or any other form or manner as could also be agreed between the platform and therefore the merchant

E-Coupons are also not offered to, and shall not be used by, such Registered Users who under any statutory obligations are prohibited to use E-Coupons. Each E-Coupon may be a privilege provided to Registered Users by the sellers on the Platform and isn’t a right or claim against the Platform. Platform reserves the right to cancel an E-Coupon, in case a Registered User is found to be in violation of the Terms of Use.

Registered Users using the E-Coupons in any manner shall be deemed to have read, understood, and accepted these terms and conditions. The value of E-Coupons and therefore the mode of using E-Coupons are going to be specifically as mentioned in the electronic communication sent to you or displayed on the website.

E-Coupons are often redeemed only on purchases made through the website on those listings that provide for the option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Platform pursuant to the Platform’s risk containment measures. E-Coupons can’t be used to buy any item which is against the law or prohibited by the Terms of Use.

One E-Coupon is often used just for one purchase regardless of the worth of such purchase and therefore the unutilized or underutilized value of the E-Coupon shall be forfeited, and therefore the User cannot claim any benefit or a substitute an E-Coupon in lieu of an equivalent. The purchase value of the item in more than the worth of the E-Coupon shall be paid by the User alongside using the E-Coupon.

An E-Coupon carries no cash value and can’t be transferred, negotiated, or sold and can’t be redeemed against cash. E-Coupons can’t be combined with the other coupons or the other offer or promotion except for VIVDeal Credits.

The Platform may offer various discounts/incentives to the customers on select products for a select period, along with any discount which will be offered by the Merchants listed on the Platform. The gross discount offered by the Platform to the customer could also be reduced on account of varied business and operational costs, which entails costs like administration costs, platform costs, tax costs, etc. Since this discount is obtainable by the platform on select products and for a particular time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts a discount net of such costs.

It is our endeavor to provide the best service to our customers and complete transparency in our dealings. Therefore, the Platform has displayed the Gross Discount available and has subsequently reduced the above-referred Costs to arrive at the net Discount availed by the customers.

This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.

VIVDeal reserves the proper, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the VIVDeal Credits and/or utilization of the VIVDeal Credits, without prior intimation or communication.

VIVDeal reserves the right, at its sole discretion, at any time to vary/change/extend/withdraw any E-Coupons and/or VIVDeal Promotions and/or offers provided thereunder, without prior intimation or communication.

Other Terms & Conditions:

• You should be logged in as a Registered User of VIVDeals.com so as to use and avail of the advantages of the E-coupons which are mapped to your User ID. Orders without logged-in status could also be canceled.
• The offers/E-Coupons/ VIVDeal Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/ VIVDeal Promotion. VIVDeal reserves the right to cancel any orders placed by registered users using an E-Coupon, which isn’t directly communicated to the customer in any form or manner.
• VIVDeal reserves the right, at its sole discretion, to decide whether a customer is/was eligible to use an E-Coupon or not for the order placed.
• An E-coupons can be used by a customer just once.
• Offer won’t be applicable on certain items and Gift Cards.
• VIVDeal reserves the right, at its sole discretion, to exclude certain items from the Offers/E-Coupons/ VIVDeal Promotions offer, without prior intimation or communication.
• VIVDeal reserves the right, at its sole discretion, to cancel any order where it suspects the misuse of E-Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers, or addresses. The decision of VIVDeal will be final and binding in this respect.
• VIVDeal reserves the right, at its sole discretion, at any time to amend/change the terms and conditions of any E-Coupons and/or VIVDeal Promotions and/or offers provided thereunder.
• Any B2B-orders under this offer will be canceled. The decision of VIVDeal will be final and binding in this respect.

VIVDeal CREDITS

Get a part of your cart value as a cashback to you as VIVDeal Credits!

The VIVDeal credits can only be utilized in subsequent purchases on www.vivdeals.com across the website

VIVDeal Credits also can be utilized in conjunction with other coupons.

VIVDeal Credits Terms and Conditions:

• The VIVDeal credits are only provided on Confirmed Orders.
• VIVDeal Credits are often redeemed on up to 20 of the cart value. For instance, if after application of coupon the cart value is ₹ 1000, no more than ₹ 200 worth of credits are often used on the cart.
• All VIVDeal credits are non-refundable, non-transferable, non – negotiable, and are subject to expiry.
• All unutilized cashback credits upon expiry become invalid and can’t be refunded.
• VIVDeal Credits spent on orders can’t be refunded.
• These terms and conditions are read in conjunction with the terms and conditions as applicable on the VIVDeal Promotions.
• VIVDeal reserves the right, at its sole discretion, at any time to extend or reduce the validity of VIVDeal credits, without prior intimation or communication.
• VIVDeal reserves the right, at its sole discretion, at any time to cancel any or all VIVDeal credits already provided on Confirmed Orders, without prior intimation or communication.

Disclaimers

The Platform isn’t liable for any typographical error leading to an invalid coupon. The platform doesn’t guarantee that any one or more listings on the website or the desired listings of the Users would have E-Coupon as the payment option. The platform is neither recommending you to purchase the particular item which you intend to purchase or actually purchase using E-Coupons, neither is the Platform is warranting or endorsing any product or services listed on the website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. The platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. The platform makes no representation or warranties of any kind regarding any product or service provided by any third party in reference to any E-Coupon and shall not be liable for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in reference to the utilization of E-Coupons.

Limitation of Liability

Under no circumstances shall Platform’s liability exceed giving the User a replacement E-Coupon of an equivalent nature and of an equivalent value. These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Mumbai (India) only.