1. Agreement Overview and Acceptance
Welcome to Vivedaa Organix Pvt Ltd ("Vivedaa", "Company", "we", "us", or "our"). This document establishes the binding agreement between you (the "User", "Customer", or "you") and Vivedaa Organix Pvt Ltd governing your use of our digital platform, encompassing our website www.vivedaa.com and all associated services.
1.1 Binding Nature of Agreement
When you access our website, browse our product catalog, make purchases, or engage with any service we provide, you enter into a contractual relationship with us. This relationship is governed by these Terms and Conditions ("Terms", "Terms of Service", or "Agreement"), along with all supplementary policies, guidelines, and notices incorporated by reference or accessible through hyperlinks.
User Categories: These Terms apply universally to all platform users, including but not limited to:
- Casual browsers and visitors exploring our offerings
- Registered customers with active accounts
- Purchasers of products and services
- Contributors of user-generated content, reviews, and feedback
- Vendors and merchants collaborating with our platform
1.2 Acknowledgment and Consent
Critical Notice: We strongly advise you to read these Terms thoroughly before proceeding. Your use of this platform signifies your complete understanding and acceptance of all provisions contained herein.
By continuing to access or use any component of our platform, you explicitly:
- Acknowledge that you have read and understood these Terms
- Agree to be legally bound by all terms, conditions, and obligations set forth
- Accept all policies referenced within this document
- Consent to periodic modifications as described in Section 19
Rejection of Terms: If you find any provision unacceptable or disagree with any part of these Terms, you must immediately cease all use of our platform and discontinue any engagement with our services. Continued use constitutes acceptance.
1.3 Dynamic Nature of Terms
Our platform evolves continuously to serve you better. As we introduce new features, tools, functionalities, or services to enhance your experience, these additions automatically fall under the governance of these Terms of Service. The current version of these Terms remains accessible on this page at all times for your reference.
Modification Rights: We retain full discretion to update, modify, replace, or supplement any section of these Terms without prior individual notification. Changes become effective immediately upon publication on our platform. Your responsibility includes periodic review of this page to stay informed of modifications. Continued platform use following any change constitutes your acceptance of the revised Terms.
Offer and Acceptance: In legal terms, if these Terms are construed as an offer, your acceptance is expressly limited to the exact terms presented herein, without modification or addition.
2. Eligibility and Age Requirements
2.1 Age of Majority
To enter into this legally binding agreement, you must meet specific age and capacity requirements:
Primary Requirement: You represent and warrant that you have attained the age of majority in your state, province, or jurisdiction of residence. In most Indian states, this means you are at least 18 years of age.
Guardian Consent: If you are the age of majority and wish to permit your minor dependents (children under 18) to use this platform, you may do so by providing explicit consent. In such cases, you accept full responsibility and liability for all actions taken by your minor dependents while using our services.
2.2 Lawful Use Commitment
By agreeing to these Terms, you commit to:
- Using our products exclusively for lawful, authorized purposes
- Refraining from violating any laws within your jurisdiction, including but not limited to intellectual property laws, copyright statutes, trademark regulations, and privacy legislation
- Avoiding transmission of malicious code, including worms, viruses, trojan horses, malware, spyware, or any destructive programming
- Maintaining ethical conduct in all platform interactions
Consequence of Violation: Any breach or violation of these Terms, whether intentional or negligent, will result in immediate and permanent termination of your access to our services, without refund of any payments made.
3. Core Operating Conditions
3.1 Service Reservation Rights
Vivedaa Organix Pvt Ltd maintains absolute discretion in business operations:
Discretionary Service: We reserve the unconditional right to refuse, limit, or terminate service to any individual, entity, or organization, for any reason or no reason, at any time, without explanation or liability. This includes but is not limited to circumstances involving suspected fraud, policy violations, inappropriate conduct, or business strategy considerations.
3.2 Data Transmission and Security
Unencrypted Transmission: You acknowledge and understand that certain content you provide (excluding sensitive financial information such as credit card details) may be transmitted across various networks without encryption.
This transmission may involve:
- Transfers across multiple telecommunications networks
- Routing through various servers and infrastructure components
- Technical modifications to conform with network protocols or device specifications
- Format adjustments for compatibility and delivery optimization
Payment Security: Notwithstanding the above, all credit card information, debit card details, and payment instrument data are always encrypted during transmission using industry-standard security protocols (SSL/TLS encryption) to protect your financial information.
3.3 Intellectual Property Protection
Restricted Use: You explicitly agree not to engage in any of the following activities without our express written permission:
- Reproducing, duplicating, or copying any portion of our service, platform, or content
- Selling, reselling, or commercially exploiting any service component
- Accessing or using our service for competitive intelligence or reverse engineering purposes
- Distributing or sharing proprietary platform features or tools
- Creating derivative works based on our platform or content
Our intellectual property includes but is not limited to:
- Vivedaa brand name, logo, and all associated trademarks
- Product names, formulations, and packaging designs
- Website design, layout, graphics, and user interface elements
- Product photographs, lifestyle images, and marketing materials
- Written content, product descriptions, and educational materials
- Proprietary software, algorithms, and technical implementations
Influencer and Content Creator Notice: If you are a content creator, influencer, or social media personality who has received our products, you may not reuse, reproduce, or republish our brand materials, product images, or proprietary content without explicit written permission for each specific use case.
3.4 Structural Elements
The section headings, titles, and organizational elements used throughout this agreement serve solely for convenience and navigational ease. They shall not be used to interpret, limit, expand, or otherwise affect the substantive terms contained within each section.
Due to message length limits, I will continue in the next response starting from:
4. Information Accuracy and Currency
4.1 Content Accuracy Disclaimer
No Guarantee of Accuracy: While we strive for accuracy, we do not warrant, represent, or guarantee that information available on our platform is accurate, complete, current, or error-free. Platform content is provided for general informational purposes and should not serve as your sole basis for making decisions.
Verification Responsibility: When making purchase decisions or relying on platform information for any purpose:
- Consult primary, authoritative, or official sources for verification
- Seek more current or comprehensive information when necessary
- Verify timeliness of data before relying on it
- Use professional judgment and independent research
Any reliance you place on platform materials is undertaken entirely at your own risk. We accept no responsibility for decisions made based on platform information.
4.2 Historical Information
Certain sections of our platform may contain historical, archived, or legacy information that is no longer current. Such information is retained for reference purposes only and should be clearly understood as non-current. Historical information is marked or contextualized where practical, but you bear responsibility for assessing content currency.
4.3 Content Modification Rights
Update Discretion: We reserve absolute right to modify, update, supplement, or remove any content on our platform at any time without notice or obligation. This includes:
- Product descriptions and specifications
- Pricing information and promotional offers
- Educational content and blog articles
- Images, videos, and multimedia elements
- Policy documents and terms
- Feature availability and functionality
We have no obligation to maintain historical versions, notify users of changes, or update information on any regular schedule.
Monitoring Obligation: You acknowledge that monitoring platform changes and staying informed of current information is your responsibility. No update date or "last modified" indicator should be interpreted as a commitment to regular updates or current accuracy of all platform information.
5. Pricing and Service Modifications
5.1 Dynamic Pricing
Price Variability: Prices for all products and services are subject to change at any time without advance notice. Factors influencing pricing include but are not limited to:
- Raw material and ingredient cost fluctuations
- Manufacturing and production expense changes
- Supply chain and logistics cost variations
- Market conditions and competitive dynamics
- Seasonal demand patterns
- Promotional strategies and business objectives
No Price Protection: We do not offer price matching, price protection, or retroactive price adjustments. The price applicable to your purchase is the price displayed at the moment you complete checkout and payment confirmation is received.
5.2 Service Modification and Discontinuation
Unrestricted Modification Rights: We reserve complete discretion to:
- Modify, alter, or enhance any service feature or functionality
- Discontinue any product line, service, or platform feature
- Suspend temporarily or permanently any service component
- Change service specifications, features, or benefits
- Introduce new services subject to these Terms
Such modifications, suspensions, or discontinuations may occur without notice and at any time.
Limitation of Liability: We shall not be liable to you or any third party for any consequences arising from:
- Service modifications or enhancements
- Price changes or adjustments
- Service suspensions or interruptions
- Permanent discontinuation of any service or product
- Feature changes or removals
6. Product and Service Availability
6.1 Online Exclusivity
Certain products, services, or special editions may be available exclusively through our online platform and not through other distribution channels. These offerings typically fall into categories such as:
- Limited edition collections with restricted production runs
- Online-exclusive formulations or product variants
- Special promotional bundles and gift sets
- Pre-launch or early-access products
- Customized or personalized product options
6.2 Return and Exchange Eligibility
Products purchased through our platform are subject to return or exchange only in accordance with our Return Policy (incorporated herein by reference). Please review our Return Policy carefully before making purchases.
Key Return Limitations:
- Opened or used products cannot be returned unless demonstrably defective
- Hygiene and safety regulations prevent return of certain personal care items once opened
- Claims regarding defects, damage, or discrepancies must be made within 48 hours of delivery
- Photographic evidence is required for all damage or defect claims
- Refunds are processed only after product inspection and claim verification
6.3 Product Representation
Visual Accuracy Efforts: We invest significant effort to display product colors, textures, and appearances as accurately as technology permits. However, several factors limit perfect representation:
- Monitor and screen display variations across different devices
- Color calibration differences between devices
- Lighting conditions affecting photo interpretation
- Individual perception differences
- Browser rendering variations
No Guarantee of Visual Accuracy: We cannot and do not guarantee that your device display accurately represents true product colors, textures, or appearances. Slight variations between product images and actual items should be expected.
6.4 Sales Limitations and Restrictions
Discretionary Limits: We reserve the right, exercisable on a case-by-case basis, to:
- Limit product or service sales to specific persons or entities
- Restrict availability based on geographic region or jurisdiction
- Impose purchase quantity limits per person, household, or order
- Refuse orders from dealers, resellers, or commercial distributors
- Cancel orders that violate fair purchase policies
Order Patterns: Restrictions may apply to orders exhibiting suspicious patterns, including:
- Multiple orders from the same customer account
- Orders using identical payment instruments
- Orders sharing billing or shipping addresses
- Bulk purchases inconsistent with personal use
6.5 Product Changes and Discontinuation
Modification Rights: All product descriptions, specifications, formulations, and pricing are subject to modification or update at any time without notice, at our sole discretion. Changes may result from:
- Ingredient availability or sourcing changes
- Regulatory requirements or compliance updates
- Quality improvement initiatives
- Packaging redesigns or sustainability efforts
- Market feedback and customer preferences
Discontinuation: We reserve the right to discontinue any product at any time. Discontinued products may be replaced with reformulated or redesigned alternatives, or may be permanently removed from our catalog.
Void Offers: Any product or service offer is void where prohibited by law or regulation.
6.6 Medical Disclaimer and Limitation of Liability
Not Medical Products: Our products are cosmetic and personal care items. They are explicitly:
- NOT medical devices or pharmaceutical products
- NOT intended to diagnose, treat, cure, or prevent any disease or medical condition
- NOT substitutes for professional medical advice or treatment
- NOT evaluated by medical or pharmaceutical regulatory authorities for therapeutic claims
Usage Warnings and Recommendations:
Before using any product, we strongly recommend:
- Conducting a patch test on a small skin area 24-48 hours before full application
- Reading complete ingredient lists carefully to identify potential allergens
- Discontinuing use immediately if irritation, redness, burning, or adverse reaction occurs
- Consulting with a qualified physician if you are pregnant, nursing, or under medical supervision
- Seeking medical advice if you have known allergies, sensitivities, or skin conditions
Limitation of Liability for Allergic Reactions:
Vivedaa Organix Pvt Ltd shall not be held liable for:
- Allergic reactions resulting from individual sensitivities to ingredients clearly listed on product packaging
- Adverse reactions from failure to conduct recommended patch testing
- Consequences of continued use after experiencing irritation
- Reactions from using products contrary to provided usage instructions
Results Disclaimer:
Individual results may vary significantly based on:
- Skin type, condition, and individual biology
- Age, lifestyle, and environmental factors
- Consistent and proper product usage
- Combination with other products or treatments
We make no guarantees regarding specific results, timeframes, or outcomes from product use.
7. Billing, Account Information, and Order Processing
7.1 Order Acceptance and Limitations
Discretionary Order Fulfillment: We reserve absolute right to refuse, limit, modify, or cancel any order placed with us. This discretion extends to orders that:
- Appear to be placed by commercial dealers, resellers, or distributors
- Exhibit patterns suggesting resale intent rather than personal use
- Involve suspicious payment information or fraud indicators
- Violate purchase quantity limits or fair use policies
- Originate from restricted geographic regions
Multiple Order Restrictions: Limitations may apply to orders placed by or associated with:
- The same customer account
Identical credit or debit cards- Matching billing addresses
- Identical shipping destinations
- Similar names or contact information
7.2 Order Modification and Cancellation
Notification Efforts: Should we modify or cancel your order, we will make reasonable attempts to notify you using:
- The email address provided during order placement
- The phone number associated with your account
- The billing contact information on file
However, we are not obligated to successfully reach you, and order modifications or cancellations may proceed regardless of notification status.
7.3 Information Accuracy Requirements
Accurate Information Obligation: You agree and commit to:
- Provide current, complete, and accurate information for all purchases
- Ensure billing information matches your payment instrument exactly
- Maintain accurate and up-to-date shipping addresses
- Update account information promptly when changes occur
- Verify contact details including email addresses and phone numbers
Ongoing Update Responsibility: You must promptly update your account information, including:
- Email address changes to ensure order communications reach you
- Credit/debit card numbers and expiration dates when cards are renewed or replaced
- Billing address modifications when you relocate
- Phone number updates for delivery coordination
Failure to maintain accurate information may result in order processing delays, delivery failures, payment processing issues, or inability to contact you regarding your orders.
7.4 Additional Terms
Return Policy Reference: For comprehensive details on returns, refunds, exchanges, and related processes, please review our Returns Policy, which is incorporated into these Terms by reference.
8. Third-Party Tools and Integrations
8.1 Third-Party Tool Availability
From time to time, we may provide access to third-party applications, plugins, widgets, integrations, or tools ("Third-Party Tools") through our platform. These may include:
- Payment processing gateways
- Social media sharing tools and plugins
- Analytics and tracking services
- Customer service chat applications
- Shipping and logistics tracking systems
- Product comparison or recommendation engines
8.2 Disclaimer of Responsibility
"As Is" Provision: You explicitly acknowledge and agree that we provide access to Third-Party Tools on an "as is" and "as available" basis, without any warranties, representations, conditions, guarantees, or endorsements of any kind.
No Control or Oversight: Vivedaa Organix Pvt Ltd:
- Does not monitor, supervise, or control Third-Party Tools
- Has no input into their functionality, features, or operation
- Does not endorse or recommend any specific Third-Party Tool
- Bears no responsibility for their performance or availability
Limitation of Liability: We shall have absolutely no liability whatsoever arising from or relating to:
- Your use of any Third-Party Tools
- Malfunctions, errors, or failures of Third-Party Tools
- Data loss or security breaches involving Third-Party Tools
- Incompatibility between Third-Party Tools and our platform
- Changes or discontinuation of Third-Party Tools
8.3 User Assumption of Risk
Sole Risk: Any use by you of optional Third-Party Tools offered through our platform is undertaken entirely at your own risk and discretion. You should:
- Familiarize yourself with the third-party provider's terms of service
- Understand and approve of the conditions under which tools are provided
- Review privacy policies governing data collected by Third-Party Tools
- Assess security implications before providing information to third parties
8.4 Future Services and Features
New Offerings: We may introduce new services, features, tools, or resources through our platform in the future. Such additions, including but not limited to:
- Enhanced shopping features
- Virtual consultation tools
- Subscription or membership programs
- Loyalty and rewards systems
- Mobile applications and device-specific features
shall automatically become subject to these Terms of Service upon release.
9. Third-Party Links and External Content
9.1 External Website Links
Our platform may contain hyperlinks directing you to third-party websites not owned, operated, controlled, or affiliated with Vivedaa Organix Pvt Ltd. These may include:
- Ingredient information resources
- Scientific research and studies
- Beauty and wellness blogs or publications
- Partner brand websites
- Social media platforms
- Industry associations or regulatory bodies
9.2 No Responsibility for Third-Party Content
Independent Sites: Third-party websites are independent entities. We:
- Are not responsible for examining or evaluating their content accuracy
- Do not warrant or endorse any third-party materials, products, or services
- Bear no responsibility for content, policies, or practices of third-party sites
- Make no representations regarding quality, safety, or legality of third-party offerings
No Liability: Vivedaa Organix Pvt Ltd is not liable for any harm, damages, losses, or negative consequences related to:
- Purchase or use of goods from third-party websites
- Services obtained through third-party links
- Resources accessed via external links
- Transactions conducted with third parties
- Information provided to third-party websites
9.3 User Diligence Required
Review Third-Party Terms: Before engaging with any third-party website or making any transaction:
- Carefully review the third party's complete terms and conditions
- Read their privacy policy and understand data handling practices
- Ensure you understand and accept their policies before proceeding
- Verify the legitimacy and trustworthiness of the third party
Direct Resolution: Complaints, claims, concerns, questions, or issues regarding third-party products or services should be directed to the relevant third party, not to Vivedaa Organix Pvt Ltd.
9.4 Third-Party Materials and Products
Distinct Offerings: Content, products, and services available through third-party links or integrations are the sole responsibility of those third parties. We neither control nor verify:
- Quality or safety of third-party products
- Accuracy of third-party information or claims
- Security of third-party payment processing
- Fulfillment of third-party promises or representations
10. User-Generated Content and Submissions
10.1 Voluntary Submissions
You may have opportunities to submit various forms of content to our platform, including:
Requested Submissions:
- Contest or sweepstakes entries
- Survey responses and feedback forms
- Product review requests
- Photo upload campaigns
Voluntary Contributions:
- Unsolicited creative ideas or suggestions
- Product improvement proposals
- Design concepts or plans
- Marketing ideas or campaign suggestions
- Testimonials and experience sharing
These submissions may be transmitted online via website forms, by email, through postal mail, or through any other communication medium (collectively, "Comments" or "User Submissions").
10.2 Rights Granted to Vivedaa
Unrestricted License: By submitting any Comments to us, you grant Vivedaa Organix Pvt Ltd a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable license to:
- Edit, modify, adapt, or alter your submissions in any manner
- Copy, reproduce, and duplicate submissions in any format
- Publish and display submissions publicly
- Distribute submissions through any channel or medium
- Translate submissions into any language
- Create derivative works based on your submissions
- Use submissions for any commercial or non-commercial purpose
No Obligations: We are and shall be under absolutely no obligation to:
- Maintain any Comments in confidence or as proprietary information
- Provide compensation, payment, royalties, or attribution for any Comments
- Respond to or acknowledge receipt of any Comments
- Use or implement any suggestions or ideas submitted
- Credit you as the source of submissions
10.3 Monitoring and Content Moderation
Discretionary Moderation: While we have no obligation to monitor user submissions, we reserve the right (but not the obligation) to:
- Monitor, review, and screen Comments before or after publication
- Edit or modify Comments to ensure appropriateness
- Remove or delete content at our sole discretion
Removal Criteria: We may remove content that we determine, in our sole discretion, to be:
- Unlawful or encouraging illegal activity
- Offensive, abusive, or inappropriate
Threatening, harassing, or intimidating- Libelous, defamatory, or slanderous
Pornographic, obscene, or sexually explicit
- Infringing on any party's intellectual property rights
- Violating these Terms of Service
Containing false or misleading information
- Spam or commercial solicitation
10.4 User Warranties and Commitments
Content Standards: You represent, warrant, and agree that your Comments will:
- Not violate any third-party rights, including copyright, trademark, patent, trade secret, privacy, publicity, or other personal or proprietary rights
- Not contain libelous, unlawful, abusive, obscene, or offensive material
- Not contain computer viruses, malware, spyware, trojans, or other malicious code
- Not contain any programming that could affect the operation of our Service or related websites
- Not be submitted using false identity or misleading email addresses
Truthful Representation: You commit to:
- Use your genuine email address and not impersonate others
- Represent yourself honestly and not mislead us or third parties regarding the origin of Comments
- Take full responsibility for the accuracy of any submissions
10.5 Sole Responsibility
User Accountability: You are solely and exclusively responsible for:
- All Comments you make and their accuracy
- Any consequences arising from your submissions
- Ensuring compliance with applicable laws
- Verifying you have necessary rights to submit content
No Liability: We take no responsibility and assume no liability for:
- Any Comments posted by you or any third party
- Consequences of relying on user-submitted content
- Accuracy, completeness, or quality of user submissions
11. Personal Information and Privacy
Your submission, collection, use, and protection of personal information through our platform is governed comprehensively by our Privacy Policy, which is incorporated into these Terms by reference.
Privacy Policy Importance: Please review our Privacy Policy carefully to understand:
- What personal information we collect and why
- How we use your personal information
- With whom we share your information
- Your rights regarding your personal information
- Security measures we employ to protect your data
- How to exercise your privacy rights
Binding Nature: By using our platform and agreeing to these Terms, you also agree to the terms of our Privacy Policy.
12. Information Errors and Updates
12.1 Occasional Inaccuracies
Despite our best efforts, our platform or Service may occasionally contain:
- Typographical errors or spelling mistakes
- Inaccuracies in product descriptions or specifications
- Omissions of important product information
- Errors in pricing information or promotional offers
- Mistakes in product availability or inventory status
- Incorrect shipping charges or delivery timeframes
- Inaccurate transit time estimates
12.2 Correction Rights
Unrestricted Correction Authority: We reserve the absolute right to:
- Correct any errors, inaccuracies, or omissions at any time
- Change or update information without notice
- Cancel orders if information was inaccurate when the order was placed
- Modify information even after you have submitted your order
- Refuse to honor prices or specifications listed in error
These correction rights apply without exception and may be exercised even after you have submitted an order or received an order confirmation.
12.3 No Update Obligation
Limited Commitment: We undertake no obligation to:
- Update information in the Service or on related websites
- Amend or clarify information except as required by law
- Maintain information currency or relevance
- Notify users of information changes
- Archive or preserve historical versions
No Implied Currency: The presence of any update date, "last modified" indicator, or refresh date should not be interpreted to mean:
- All platform information has been recently reviewed
- All content has been modified or updated as of that date
- Information accuracy or completeness is guaranteed
12.4 Information Reliance
Verification Responsibility: It remains your responsibility to:
- Verify critical information before making purchase decisions
- Confirm product specifications, pricing, and availability before ordering
- Contact customer service if you observe potential errors
- Monitor your order confirmations for accuracy
13. Prohibited Uses and Conduct
13.1 General Prohibitions
In addition to other restrictions set forth throughout these Terms, you are explicitly prohibited from using our platform or its content for any of the following purposes:
Legal Violations:
- Any unlawful purpose or objective
- Soliciting others to perform or participate in unlawful acts
- Violating international, federal, provincial, state, or local regulations, rules, laws, or ordinances
Intellectual Property Infringement:
- Infringing upon or violating our intellectual property rights
- Violating the intellectual property rights of others
- Unauthorized use of our trademarks, logos, or brand elements
- Copying or distributing our proprietary content without permission
Harmful Conduct:
- Harassing, abusing, insulting, or harming any individual
- Defaming, slandering, or disparaging others
- Intimidating or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic
Deceptive Practices:
- Submitting false, misleading, or deceptive information
- Misrepresenting your identity or affiliation
- Falsifying order or account information
Malicious Technical Activities:
- Uploading or transmitting viruses, worms, trojans, or other malicious code
- Introducing any programming that will or may affect the functionality or operation of the Service, related websites, other websites, or the Internet
- Using automated scripts, bots, or crawlers to access the platform
Privacy Violations:
- Collecting, harvesting, or tracking personal information of others without authorization
- Scraping user data or platform content
- Phishing, pharming, or obtaining information through deceptive means
Abusive Activities:
- Spamming platform features or communications
- Engaging in pretexting or social engineering
- Crawling, spidering, or scraping content systematically
Immoral or Obscene Purposes:
- Using the platform for obscene, immoral, or offensive purposes
- Posting or sharing sexually explicit or inappropriate content
Security Circumvention:
- Interfering with or circumventing security features of the Service
- Attempting to gain unauthorized access to restricted areas
- Bypassing technological protection measures
- Compromising the security of related websites, other websites, or Internet infrastructure
13.2 Enforcement and Termination
Termination Rights: We reserve the right to immediately terminate your access to and use of:
- The Service
- Any related website or platform
- Your account and associated data
for violating any of the prohibited uses outlined above or for any other violation of these Terms.
Permanent Exclusion: Termination for prohibited conduct may be permanent, with no opportunity for appeal or reinstatement.
14. Disclaimers and Warranties
14.1 Service Availability Disclaimer
No Guarantees: We do not guarantee, represent, or warrant that:
- Your use of our service will be uninterrupted or continuous
- Service will be timely, immediate, or real-time
- Service will be secure from all security threats
- Service will be completely error-free or bug-free
- Results obtained from the service will be accurate or reliable
- Quality of any products or services will meet your specific expectations
- Any errors in the Service will be corrected within any specific timeframe
14.2 Service Interruption and Cancellation
Removal Rights: You acknowledge and agree that we may:
- Remove the service for indefinite periods of time
- Cancel the service entirely at any time
- Perform maintenance causing temporary unavailability
- Suspend access for technical upgrades
All such actions may occur without advance notice to you.
14.3 Assumption of Risk
Sole Risk: You expressly acknowledge and agree that your use of, or inability to use, the Service is at your sole and exclusive risk. All consequences, whether positive or negative, rest entirely with you.
14.4 "As Is" and "As Available" Provision
Except as expressly and specifically stated by us in writing, the Service and all products and services delivered to you through the Service are provided:
- "As is" without modification or enhancement
- "As available" subject to current availability
- Without any representation, warranties, or conditions of any kind
- Without express or implied warranties
Excluded Warranties: We specifically disclaim all warranties and conditions, including but not limited to:
- Implied warranties or conditions of merchantability
- Merchantable quality
- Fitness for a particular purpose
- Durability or longevity
- Title and ownership
- Non-infringement of third-party rights
14.5 Comprehensive Limitation of Liability
Broad Exclusion of Liability: In no case shall Vivedaa Organix Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for:
Types of Injury or Loss:
- Any injury, loss, or claim of any nature
- Direct, indirect, incidental, punitive, special, or consequential damages of any kind
- Lost profits or lost revenue
- Lost savings or lost opportunities
- Loss of data or information
- Replacement costs or alternative procurement expenses
- Business interruption losses
- Reputational harm or damage
Bases of Liability: This limitation applies regardless of the legal theory, including:
- Contract breach or contractual claims
- Tort claims (including negligence)
- Strict liability theories
- Any other legal or equitable theory
Scope of Exclusion: This liability limitation applies to claims:
- Arising from your use of any of the Service
- Related to products procured using the Service
- Connected to your use of the Service or any product in any way
- Based on any errors or omissions in any content
- Resulting from loss or damage incurred from use of the Service
- Involving content, products, or materials posted, transmitted, or made available via the Service
Knowledge of Possibility: This limitation applies even if we have been advised of the possibility of such damages.
Jurisdictional Variations: Because some states or jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by applicable law.
15. Indemnification
15.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless Vivedaa Organix Pvt Ltd and our:
- Parent company and corporate affiliates
- Subsidiaries and related entities
- Business partners and affiliates
- Officers, directors, and board members
- Agents, contractors, and representatives
- Licensors and service providers
- Subcontractors, suppliers, and vendors
- Interns, employees, and personnel at all levels
from and against any and all:
- Claims, demands, or causes of action
- Liabilities, damages, and losses
- Costs and expenses (including reasonable attorneys' fees and legal costs)
15.2 Indemnification Triggers
Your indemnification obligation is triggered by claims arising from or related to:
- Your breach of these Terms of Service
- Your breach of any documents incorporated by reference into these Terms
- Your violation of any law, regulation, or ordinance
- Your violation of any rights of any third party
- Your negligent or wrongful conduct
- Your use or misuse of our Service or products
- Content you submit or post to our platform
15.3 Indemnification Process
In the event of any claim triggering your indemnification obligation:
- You shall assume full responsibility for defense at your expense
- You shall employ qualified legal counsel acceptable to us
- You shall not settle any claim without our prior written consent
- You shall keep us fully informed of all proceedings
- You shall cooperate fully with our defense strategies
16. Severability
16.1 Invalid Provision Treatment
Should any provision of these Terms of Service be determined by a court of competent jurisdiction or other legal authority to be:
- Unlawful or contrary to law
- Void or unenforceable
- Invalid or without legal effect
- Contrary to public policy
Partial Enforcement: Such determination shall not invalidate the entirety of these Terms. Instead:
- The problematic provision shall remain enforceable to the fullest extent permitted by applicable law
- The unenforceable portion shall be deemed severed from these Terms
- The remaining provisions shall continue in full force and effect
- The validity, legality, and enforceability of all other provisions shall not be affected or impaired
16.2 Severance and Continuation
The unenforceable or invalid provision shall be deemed severed and removed from these Terms, and such severance shall not affect:
- The validity of remaining provisions
- The enforceability of remaining terms
- The binding nature of the agreement as a whole
17. Termination of Agreement
17.1 Survival of Obligations
Pre-Termination Obligations: The obligations and liabilities incurred by either party prior to the termination date shall:
- Survive termination of this agreement
- Remain enforceable for all purposes
- Continue indefinitely as necessary to resolve outstanding matters
17.2 Effective Period
These Terms of Service remain effective unless and until terminated by either you or us under the conditions described below.
17.3 User-Initiated Termination
Your Termination Rights: You may terminate these Terms of Service at any time by:
- Notifying us in writing at info@vivedaa.com that you no longer wish to use our Services
- Ceasing all use of our platform and Services
- Closing your account through account settings
Upon your termination:
- Your access to the Service will be discontinued
- Your account will be deactivated
- Outstanding orders will be fulfilled according to their terms
- Refunds, if applicable, will be processed according to our Return Policy
17.4 Company-Initiated Termination
Our Termination Rights: We may terminate this agreement at any time, with or without notice, if:
- In our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms
- You engage in prohibited conduct outlined in Section 13
- You violate applicable laws or regulations
- You pose a security risk to our platform or other users
- We determine termination is necessary for business reasons
Consequences of Our Termination: Upon termination by us:
- You will remain liable for all amounts due up to and including the date of termination
- We may deny you access to our Services (or any part thereof)
- We may deactivate or delete your account
- We may cancel pending orders at our discretion
- No refunds will be provided for any reason related to violations
- Your right to use the Service immediately ceases
17.5 Post-Termination
Effect on Rights and Obligations: Termination does not:
- Relieve you of obligations incurred before termination
- Affect our right to seek remedies for pre-termination breaches
- Eliminate survival provisions that by their nature should continue
- Impact intellectual property rights granted or reserved
18. Entire Agreement and Interpretation
18.1 Waiver
No Implied Waiver: Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Specifically:
- Delayed enforcement does not mean we've waived the right to enforce
- Accepting past non-compliance does not prevent future enforcement
- Overlooking one breach does not waive the right to enforce against future breaches
- Partial enforcement does not waive full enforcement rights
Express Waiver Required: Any waiver of these Terms must be in writing and signed by an authorized representative of Vivedaa Organix Pvt Ltd.
18.2 Complete Agreement
Superseding Effect: These Terms of Service, together with:
- Our Privacy Policy
- Our Return Policy
- Any additional policies or operating rules posted on this site
- Any terms specific to particular Services
constitute the entire agreement and understanding between you and Vivedaa Organix Pvt Ltd governing your use of the Service.
Prior Agreements Superseded: This agreement supersedes and replaces:
- Any prior or contemporaneous agreements between you and us
- All prior communications, whether oral or written
- Any prior proposals or negotiations
- Any prior versions of the Terms of Service
- Any conflicting or additional terms in purchase orders or other documents
18.3 Interpretation
Ambiguity Resolution: Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party (Vivedaa Organix Pvt Ltd). Instead:
- Ambiguous terms shall be interpreted according to their plain and ordinary meaning
- Context and purpose shall guide interpretation
- Industry custom and usage may inform meaning
- Fair and reasonable interpretation shall be applied
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19. Governing Law and Jurisdiction
19.1 Applicable Law
These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with:
- The laws of India
- Indian contract law principles
- Applicable consumer protection legislation
- E-commerce and digital transaction regulations
- Data protection and privacy laws of India
Exclusion of Conflicts Provisions: The choice of law is made without regard to conflicts of law principles that might otherwise apply different law.
19.2 Exclusive Jurisdiction
Jurisdictional Agreement: You irrevocably agree that any dispute, controversy, or claim arising out of or relating to these Terms or your use of our Service shall be subject to the exclusive jurisdiction of the courts located in:
Pune, Maharashtra, India
This means:
- All legal proceedings must be brought in Pune, Maharashtra courts
- You waive any objection to venue in Pune, Maharashtra
- You waive any claim that Pune, Maharashtra is an inconvenient forum
- You consent to personal jurisdiction in Pune, Maharashtra
19.3 Dispute Resolution Preference
Negotiation First: Before initiating formal legal proceedings, we encourage parties to:
- Attempt good faith negotiation to resolve disputes
- Communicate concerns directly to our customer service team
- Explore mutually agreeable solutions
However, this preference does not limit either party's right to seek immediate legal remedies when necessary.
20. Changes to Terms of Service
20.1 Modification Rights
Unilateral Amendment Authority: We reserve the right, at our sole and absolute discretion, to:
- Update these Terms of Service partially or completely
- Change any provisions, sections, or clauses
- Replace any part of these Terms with new language
- Add new terms, conditions, or requirements
- Remove existing provisions
20.2 Amendment Process
Publication Method: Changes to these Terms will be implemented by:
- Posting the updated Terms to our website
- Updating the "Last Revised" or "Effective Date" indicator
- Making the current version accessible at this URL
No Individual Notice: While we may choose to notify users of significant changes, we are under no obligation to provide individual notice of amendments. It is solely your responsibility to check this page periodically for changes.
20.3 Effective Date of Changes
Immediate Effect: Changes become effective immediately upon posting to our website, unless otherwise specified. There is no grace period or delayed implementation.
20.4 Acceptance Through Continued Use
Deemed Acceptance: Your continued use of or access to our website or the Service following the posting of any changes constitutes your binding acceptance of those changes.
Rejection Mechanism: If you do not agree with modified Terms:
- You must immediately discontinue use of the platform
- You must cease all engagement with our Services
Continued use constitutes acceptance regardless of disagreement.
20.5 Review Responsibility
Your Monitoring Obligation: It is your responsibility to:
- Check our website periodically for updates to these Terms
- Review changes carefully before continuing to use the Service
- Understand how modifications affect your rights and obligations
- Contact us with questions about specific changes
Current Version Access: The most current version of the Terms of Service is always available at this page. No prior versions are maintained or accessible.
21. Contact Information and Questions
21.1 Customer Inquiries
Questions, concerns, or inquiries about these Terms of Service should be directed to us at:
Company Name: Vivedaa Organix Pvt Ltd
Email: info@vivedaa.com
Phone: +91 9145097177
Website: www.vivedaa.com
Corporate Registered Office: H No 152, Ujlaiwadi, Gokul Shirgaon, Karveer, Kolhapur, Maharashtra - 416004, India
21.2 Response Timeframes
We strive to respond to all inquiries within:
- Email inquiries: 24-48 business hours
- Phone inquiries: During business hours (Monday-Saturday, 10 AM - 6 PM IST)
- Written correspondence: 5-7 business days
Response times may vary during peak periods, holidays, or high-volume periods.
21.3 Types of Inquiries
You may contact us regarding:
- Clarification of specific Terms provisions
- Questions about your rights and obligations
- Concerns about account or order issues
- Technical support and platform functionality
- Product information and availability
- Billing or payment questions
- Privacy and data protection matters
21.4 Documentation
When contacting us regarding Terms-related matters, please provide:
- Your full name and account email address
- Specific section or provision in question
- Clear description of your concern or question
- Relevant order numbers or account details (if applicable)
- Your preferred method of response