Terms and conditions
These terms and conditions are between www.vivaash.in and between the buyers or users of this website. We recommend all users read the terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. Your use of this website or the services provided by the website shall signify your acceptance of the terms and conditions and your agreement to be legally bound by the same.
Any document produced through this website www.vivaash.in will be electronic system generated. It means that any document generated as an electronic record as per the information technology ACT of 2000, does not require an electronic or physical signature.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE FOLLOWING TERMS OF USE.
A) GENERAL
A.1 www.vivaash.in(“Website”) is an Internet-based portal owned and operated by M/S.VARAKAR SPECIALITY, Erode, Tamil Nadu, INDIA. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions, and notices contained in these Terms, along with any amendments made by M/S.VARAKAR SPECIALITY at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service
A.2 www.vivaash.in shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the website at the time of such use. You are requested to regularly visit the home page www.vivaash.in to view the most current Terms of Use. You can determine when we last modified the Terms of Use by referring to the “Last Updated” legend below. It shall be your responsibility to check these Terms of Use periodically for changes. www.vivaash.in may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms of Use, will constitute your acceptance of those changes.
A.3 By using this website or any facility or service provided by this website in any way or merely browsing the website, you agree that you have read, understood, and agreed to be bound by these Terms & Conditions and the website’s Privacy Policy available at the homepage, www.vivaash.in
A.4 www.vivaash.in agrees to deliver the merchandise ordered by you only at such locations as per the areas mentioned in the delivery chart. www.vivaash.in shall not be liable to deliver any merchandise or Services purchased by Users for delivery in locations outside India shall not be entertained.
B. COMMUNICATION
B.1 You hereby expressly agree to receive communications by way of SMS, e-mails from www.vivaash.in relating to services provided through the website.
B.2 A User can unsubscribe from receiving communications from www.vivaash.in through SMS and e-mail anytime by unsubscribing from the website by clicking on the unsubscribe option attached at the bottom of the newsletter received through e-mail
B.3 All notices of www.vivaash.in will be served by email or by general notification on the website only. Any notice provided to www.vivaash.in pursuant to the Terms & conditions should be sent to www.vivaash.in customer support info@vivaash.in
B.4 You cannot assign or otherwise transfer the terms and conditions, or any rights granted hereunder to any third party. www.vivaash.in has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking Your consent.
B.5 If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
C. SERVICES
C.1 The Website is a platform that facilitates the online sale and purchase of products and services offered by www.vivaash.in various affiliate/ registered merchants/ vendors/service providers at a discounted price. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale”)
D. ELIGILIBITY FOR USE
D.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the www.vivaash.in the system for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail of the Services provided by www.vivaash.in through Your legal guardian in accordance with the applicable laws.
D.2 www.vivaash.in reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
D.3 You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
E. USER ACCOUNT, PASSWORD AND SECURITY
E.1 www.vivaash.in makes the Services available to you through the website only if you have provided www.vivaash.in certain required User information and created an account (“Account”) through and password or other log-in ID and password (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms and conditions, the Additional Terms shall take precedence in relation to that service.
E.2 The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify www.vivaash.in of any unauthorized use of your Account information or any other breach of security, and ensure that you exit from your account at the end of each session. www.vivaash.in cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by www.vivaash.in or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
E.3 The Website also allows restricted access to the services for unregistered Users.
E.4 You shall ensure that the account information provided by you in the website’s registration form is complete, accurate, and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
E.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or www.vivaash.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, www.vivaash.in has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
F. PRICING INFORMATION
F.1 www.vivaash.in strives to provide you with the best prices possible on products and services you buy or avail of from the website. The pricing details for the purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
F.2 www.vivaash.in or M/S.VARAKAR SPECIALITY shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by www.vivaash.in with our acquiring bank from time to time.
G. USER OBLIGATION
G.1 Subject to compliance with the Terms of Use, www.vivaash.in grants you a non-exclusive, limited privilege to access and use this Website and the services provided therein.
G.2 You agree to use the Services, Website, and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
G.3 You agree to adhere to all limitations on dissemination, use, and reproduction of any materials that you access on the website.
G.4 You agree not to access the website and the materials or services by any means other than through the interface that is provided by www.vivaash.in. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.
G.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. www.vivaash.in disclaims all liabilities arising in relation to such offensive content on the Website.
G.6 If the Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others, Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s the computer. Engage in any activity that interferes with or disrupts access to the Website or the Services. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.vivaash.in or other third parties.
H. USE OF WEBSITE
H.1 www.vivaash.in hereby grants you a non-exclusive, freely revocable, non-transferable access to view, download, and print product catalogs or any other materials available on the Website, subject to the following conditions:
H1 a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use.
H1 b) You may not modify or alter product catalogs or any other materials available on the Website.
H1 c) You may not distribute or sell, rent, lease, license, or otherwise make the product catalogs or any other materials available on the Website available to others.
H1 d) You may not remove any text, copyright, or other proprietary notices contained in the product catalogs or any other materials available on the Website.
I. INTELLECTUAL PROPERTY RIGHTS
I.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork, and computer code on the website is owned and controlled by www.vivaash.in and the design, structure, selection, coordination, expression, look and feel, and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
I.2 The trademarks, logos, and service marks displayed on the website are the property of www.vivaash.in or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
I.2 The trademarks, logos, and service marks displayed on the website are the property of www.vivaash.in or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
J. DISCLAIMER OF WARRANTY & LIABILITY
J.1 The website www.vivaash.in, provide services and other materials on basics, that means there shall be no warranties for the following
J1 a) The website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure, or error-free
J1 b) The result that may be obtained from the use of the website or services or materials will be effective, accurate, or reliable.
J1 c) The quality of the website or services or materials will meet your expectations.
J1 d) We at www.vivaash.in will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or your account information in connection with the website or its services or materials either with or without your knowledge.
J1 e) We will not be responsible for any non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reasons beyond our control.
K. INDEMNIFICATION AND LIMITATION OF LIABILITY
K.1 You agree to indemnify, defend and hold harmless www.vivaash.in including but not limited to its affiliate vendors, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by www.vivaash.in or M/S.VARAKAR SPECIALITY, that arises out of, result or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold www.vivaash.in or M/S.VARAKAR SPECIALITY was harmless against any claims made by any third party due or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
K.2 In no event shall www.vivaash.in or M/S.VARAKAR SPECIALITY, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not www.vivaash.in has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Materials.
L. VIOLATION OF TERMS AND CONDITIONS
L.1 You agree that www.vivaash.in may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the Website if we at www.vivaash.in determines that You have violated these terms and conditions or additional terms. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to www.vivaash.in , for which monetary damages would be inadequate, and you consent to www.vivaash.in obtaining any disjunctive or equitable relief that www.vivaash.in deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies www.vivaash.in may have at law or in equity.
L.2 You agree that www.vivaash.in may, in its sole discretion, and without prior notice, terminate or modify or correct or change or remove the information or material of the website or any service offered on or through the website at any time.
L.3 If we at www.vivaash.in or M/S.VARAKAR SPECIALITY does take any legal action against You as a result of Your violation of these terms & Conditions, M/S.VARAKAR SPECIALITY, VIVAASH will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to M/S.VARAKAR SPECIALITY.
M. TERMINATION
M.1 If You want to terminate your agreement with www.vivaash.in, you may do so by not accessing the website or by closing Your accounts from our website.
M.2 www.vivaash.in May, at any time, with or without notice, terminate the Terms & Conditions (wholly or portion) with you if you breach any of the provisions of the Terms & Conditions, the Privacy Policy, or any other terms, conditions, or policies that may apply to you from time to time or have acted in a manner that clearly shows that you do not intend to, or are unable to, complies with the same.
M.3 www.vivaash.in may also terminate or suspend all or a portion of your account or access to the services with or without reason. Termination of your account may include the following
M3 a) Removal of access to all offerings within the website or with respect to the services.
M3 b) Deletion of your materials and account information, including your personal information, log-in ID and password, and all related information, files, and materials associated with or inside your account and
M3 c) Barring further use of the services.
M.4 You agree that all terminations shall be made in www.vivaash.in sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the website and services.