1. License

These Terms & Conditions are a contract between you and Vivanet (referred to in these Terms & Conditions as “Vivanet”, “us”, “we” or “our”), the provider of the Vivanet website and the services accessible from the Vivanet website (which are collectively referred to in these Terms & Conditions as the “Vivanet Service”). You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Vivanet Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

2. Meanings

For these Terms & Conditions:
• “You” is referred to the person who accessed the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Vivanet
• “Service” is referred to the Vivanet website.
• “Service Provider” means any natural or legal person who processes the data on behalf of Vivanet. It refers to third-party companies or individuals employed by Vivanet to facilitate the Service, to provide the Service on behalf of Vivanet, to perform services related to the Service or to assist Vivanet in analyzing how the Service is used.
• “Third-party Social Media Service” could be any website or social network website in which a User can log in or create an account to use the Service.
• “Personal Data” is any information that relates to an identified or identifiable individual.
• “Device” could be any device with internet who can access the service such as a mobile phone, a computer or a digital tablet.
• “Usage Data” it’s referred to the data that’s been collected automatically, either generated by the use of the Service or from the Service infrastructure itself. For example, how many times the user accessed the app.

3. Restrictions

You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Vivanet.

4. Return and Refund Policy

As with any shopping experience, there are terms and conditions that apply to transactions at Vivanet. We will be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Vivanet, you agree to the terms along with Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.

5. Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Vivanet with respect to the website shall remain the sole and exclusive property of Vivanet. Vivanet shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

6. Your Consent

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions. Our service may contain links to other websites that are not operated by us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Terms & Conditions of every site you visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.

7. Changes To Our Terms & Conditions

You acknowledge and agree that Vivanet may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Vivanet’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Vivanet when you stop using the Service. You acknowledge and agree that if Vivanet disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

8. Modifications to Our website

Vivanet reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you. Vivanet may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the app. You agree that Vivanet has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.

9. Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that Vivanet shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Vivanet does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10. Term and Termination

This Agreement shall remain in effect until terminated by you or Vivanet. Vivanet may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Vivanet, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer. Termination of this Agreement will not limit any of Vivanet’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

11. Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

12. Indemnification

You agree to indemnify and hold Vivanet and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

13. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Vivanet under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall Vivanet be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Vivanet has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by Vivanet on the Services, shall constitute the entire agreement between you and Vivanet concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

15. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

16. Amendments to this Agreement

Vivanet reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Vivanet.

17. Entire Agreement

The Agreement constitutes the entire agreement between you and Vivanet regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Vivanet. You may be subject to additional terms and conditions that apply when you use or purchase other Vivanet’s services, which Vivanet will provide to you at the time of such use or purchase.

18. Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

19. Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Vivanet, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Vivanet, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

20. Governing Law

This agreement shall be governed by and construed in accordance with the Laws of India. Any dispute and/or difference arising out of or in connection with any of the terms of this agreement shall at the first instance be attempted to be settled amicably, failing which, such dispute or difference shall be referred to arbitration presided by a sole arbitrator mutually appointed by the Parties to be conducted as per the Arbitration and Conciliation Act 1996. The venue of the arbitration shall be Mumbai (India) and the arbitration proceeding shall be carried out in English language. The Arbitral award shall be final and binding on Parties. Subject to above, any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of appropriate courts in Mumbai.

21. Typographical Errors

In the event a service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

22. Disclaimer

Vivanet is not responsible for any content, code or any other imprecision. Vivanet does not provide warranties or guarantees. In no event shall Vivanet be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Vivanet reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Vivanet Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Vivanet is a distributor and not a publisher of the content supplied by third parties; as such, Vivanet exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Vivanet Service. Without limiting the foregoing, Vivanet specifically disclaims all warranties and representations in any content transmitted on or in connection with the Vivanet Service or on sites that may appear as links on the Vivanet Service, or in the products provided as a part of, or otherwise in connection with, the Vivanet Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Vivanet or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Vivanet does not warrant that the Vivanet Service will be uninterrupted, uncorrupted, timely, or error-free.

23. Contact Us

Do not hesitate to contact us if you have any questions via email: [email protected]