terms-and-conditions

Terms and Conditions

Terms and Conditions for transacting at and/or dealing with Online Shopping Website www.viveks.com

Welcome to www.viveks.com.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of www.viveks.com and sets out the terms and conditions governing it and the disclaimer ("Terms & Conditions").

www.viveks.com  ("Website") is owned and operated by VIVEK PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 vide CIN-U51909TN1994PTC028470, having its registered office at No 150,Luz Church Road,2nd Floor,Mylapore,Chennai-600004 and hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns].

All kinds of correspondence should be addressed to the support office address as given above.

Use of this Website is regulated by Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as your unconditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of Account creation or for a guest user at checkout stage for User to express his/ her acceptance by clicking on "I Agree" shall be deemed that you have accepted these Terms & Conditions fully and you have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this Website.

The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, employees, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, employees, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.

The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users

In this Agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".

Definitions

The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

  1. "Agreement" shall mean agreement between the Company and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Company from time to time.
  2. "Company" shall mean Vivek Private Limited.
  3. "Product(s)" shall mean any good and/or service offered for sale on the Website for consideration.
  4. "Terms & Conditions" shall have the meaning as ascribed hereinabove.
  5. The terms "User" / "Users" / "You" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.viveks.com in any way.
  6. Website shall mean www.viveks.com, a website owned and operated by the Company for facilitating online transactions.

Eligibility

Use of www.viveks.com is available only to those persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.viveks.com only in the presence of consenting parent or guardian. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.

User agrees to be financially responsible for all of User's use of the services and access of the Website (as well as for use of User's account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation User's name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

If you are accessing, browsing and using the Website on someone else's behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Us' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Viveks.com.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Viveks.com and Vivek Private Limited’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

The website is not available to persons whose membership has been suspended or terminated by Viveks.com for any reason whatsoever.

If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Amendment of Terms

The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified

Intellectual Property Rights

The "VIVEKS" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Vivek Private Limited. All other Marks provided on the Website are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed on this Website, whether registered or unregistered, of Vivek Private Limited or others, are the intellectual property of their respective owners, and Vivek Private Limited shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Vivek Private Limited and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Vivek Private Limited and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. 

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. The Contents and software on this Website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Website is strictly prohibited. Unless Vivek Private Limited explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Vivek Private Limited, any of its affiliates or by third parties who have licensed their materials to Vivek Private Limited and are protected by Indian copyright laws and international treaties.

The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.

The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.

The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.

The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in User's bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company's copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.

User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.

The Company logos, product and service marks and/ or names are trademarks which are owned by the Company (the "Marks"). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.

User's misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.

Limited Licence

Vivek Private Limited grants you limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non commercial use of the Website. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Website and its affiliates.

Vivek Private Limited reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access the Website.

Termination

These Terms of Use are effective unless and until terminated by either you or Vivek Private Limited.

User may terminate the Terms of Use at any time, provided that User discontinue any further use of this Website. Vivek Private Limited may terminate the Terms of Use at any time and may do so without notice, and accordingly deny User access to the Website, such termination will be without any liability to the Website.

Upon any termination of the Terms of Use by either you or Vivek Private Limited, User must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless Vivek Private Limited, its employees, directors, officers, agents and their successors and assigns, its subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Vivek Private Limited or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

Privacy Policy

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Please Refer to our Privacy Policy provided on our Website

Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Website. Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. Your consent to the use of personal information by Viveks.com in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Viveks.com.

Registration Data

User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.

User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. The Company shall be entitled to cross verify those details, if it deems fit. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.

User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.

In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to Users Information solely to enable the Company to use the information User supplies to the Company. The Company will only use Users Information in accordance with the Agreement.

User agrees and understands that the Company shall not be responsible in any manner whatsoever for:

  • Delivery of Product at address wrongly furnished by User.
  • Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or

User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.

Guest Users: The Website also allows limited access to the Services for unregistered Users (also called as 'Guest Users'). Such users will not be allowed to checkout and have the product delivery without registering themselves on website.

Payment Terms 

Payments for the products available on the Website may be made in the following ways:

  • Credit Cards
  • Debit Cards
  • Net Banking
  • EMI
  • e-Gift voucher
  • Cash on Delivery
  • Gift Card
  • Reward points.

Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

User hereby agrees and understands that the facility of finance by way of equated monthly instalment ("EMI") is available on all purchase above a value of Two Thousand Five Hundred ( 2500/-). In case the User purchases multiple Products and wishes to avail the EMI option, the value of at least One (1) of the purchased Products should be greater than of Two Thousand Five Hundred ( 2500/-). User understands and agrees that processing fee or any other fee for converting any Purchase Transaction into EMI is charged and collected by respective card issuing bank as indicated and not by the Company.

On all EMI transactions the Customer card will be blocked with the full amount of the product and the Customer will be charged only the EMI amount along with the customer billing cycle.

User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.

The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.

Further, the Company may actively report and prosecute actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User's order and/or other information. The Company's decision to require further authorization is at the Company's sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.

The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.

The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.

Placing a Cash-on-Delivery (COD) Order

On the product page please check for COD serviceability by entering your Pin-code for the delivery location.

  • If the product is available in COD message would appear confirming to add the product to cart.
  • In case product not available in COD mode, you may choose other mode of payment

When prompted to choose a Payment Option, select "Pay By Cash-on-Delivery"

Once verified and confirmed shipment to be processed in the time specified, from the date of confirmation.

You will be required to make a Cash payment to our Courier Partner, only at the time of delivery of your order.

Please make ONLY Cash Payment at the time of delivery and do NOT offer cheque or DD to the courier staff.

Your delivery address should be under serviceable network of our courier partner. Please enter the correct pin code to ensure delivery.

Your total purchase value/ transaction value should not exceed Rupees Fifty Thousand (Rs 50,000).

Please do NOT pay for any additional charges, i.e. octroi etc. to courier staff. Your invoice amount is inclusive of all charges.

Representations and Warranties

User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.

1. User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User. 

2. User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc due to inaccuracy of any detail / information submitted by User or anybody else on the Website.

3. User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:

  • is correct, complete, relevant and accurate.
  • is not fraudulent.
  • does not "stalk" or otherwise harass another user;
  • does not and shall not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
  • shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
  • shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
  • shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
  • shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
  • shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
  • shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
  • is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation.
  • is not illegal in any other way.
  • Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.

User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.

4. User undertakes and confirms that User shall not use the Company website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.

5. User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website. 

6. User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to access the Website.

7. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other User's or use any information obtained from the service in order to do so.

Shipping Policy

Please Refer to our Shipping Policy provided on our Website.

Return and Replacement Policy

Please Refer to our Return and Replacement Policy provided on our Website.

Cancellation and Refund Policy

Please Refer to our Cancellation and Refund Policy provided on our Website.

Pricing Information

Price displayed in the website is inclusive of all taxes.

We strive to provide you with best value. However, sometimes a price online may not match the price in a store in your particular geographic region and store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.

In case of mispricing

Viveks.com strives to provide accurate product and pricing information, pricing or typographical errors may occur.Viveks.com cannot confirm the price of a product until after user order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Viveks.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

In the event that an item is mis-priced, Viveks.com may, at its discretion, either contact User for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Viveks.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.

Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.

Electronic Communications

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Viveks.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Viveks.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Viveks.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Viveks.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Viveks.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Viveks.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.

Viveks.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Viveks.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Viveks.com and its affiliates for all claims resulting from any Comments you submit. Viveks.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Quantity Restriction

Viveks.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Viveks.com also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

Gift Wrapping

The User can also avail the Gift Wrapping service on the Website in respect to any Products purchased on the Website as gifts.

The User shall be liable to pay the gift wrapping charges which will be payable under the payment option.

The User hereby agrees and accepts that in case of cancellation and/or refund of the Product(s), the gift wrapping amount will be refunded to the User subject to the condition that the Product is in store and not in ready to ship status.

This Clause pertaining to Gift wrapping is not applicable on Air Conditioners, Refrigerator, Washing Machine, Dishwashers, Dryers, Air Coolers and on bulk orders.

Charity

The Company may list various causes and/or organisations on its Website for Charity purposes. The Users will have a right to donate any funds towards such cause and/or organisation during the process of purchase of any Products.

The User may at its sole discretion choose to donate a sum to any such cause and/or organisation. The User hereby expressly agrees that in case of any cancellation/refund of the order placed for the Products, the charity amount donated by the User will not be refunded to the User.

The Company shall not be responsible and/or liable for any issues that may arise from such donations made by the Users.

Discount Coupons

Discount Coupons issued on our website are to be redeemed only on www.viveks.com.

Conditions for such redemption are as follows:

  • The User shall be entitled to use only One (1) Coupon per transaction on the Website.
  • Discount coupon can be applied at the checkout page.
  • The Offer is valid only for successful/approved transactions.
  • No two offers can be availed simultaneously.
  • All Discount coupons are issued/generated for a defined period and is to be redeemed within the validity of the period.
  • In the case of validity not being detailed, the coupon will be valid as long as visible on our Website.

E-Gift Vouchers

E-Gift voucher is redeemable for merchandise at website www.viveks.com

  • E-Gift Voucher is not redeemable for cash or credit nor can be exchanged for a gift voucher/Gift card.
  • E-Gift Voucher cannot be reloaded.
  • E-Gift Voucher is valid for a period of 1 year from its date of issue.
  • If the E Gift Voucher is lost or stolen, neither will a new E-Gift Voucher will be issued nor will the money be reimbursed in any manner.
  • Vivek Private Limited shall not be liable and responsible for any unauthorized and/or fraudulent purchase/s made using this E-Gift Voucher. The holder of this E Gift Voucher shall be solely responsible for the safe custody of the E-Gift Voucher and the credentials mentioned on it.
  • No duplicate E-Gift Voucher will be issued.
  • Vivek Private Limited reserves the right to amend the terms & conditions at its discretion without prior notice.

Chat Functionality

The Chat Functionality when enabled has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

  • Viveks.com may suspend the chat service at any time without notice.
  • Viveks.com or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  • Communication through chat may be stored by Viveks.com for future reference, and the user of such service will not have the right to access such information at any future date.
  • While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  • You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

Dispute Resolution, Governing Law And Jurisdiction

Any dispute between the parties hereto in relation to this agreement shall be referred to arbitration by a sole arbitrator mutually appointed by the Parties under the Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be Chennai, India and language for the arbitration be English. The arbitrator’s award shall be final and binding on the Parties.

The Agreement shall be governed by and construed in accordance with the law of India, without reference to rules governing choice of laws. Except for any equitable relief, for which a Party may approach any court having competent jurisdiction, the court of Chennai, India shall have exclusive jurisdiction.

Without any prejudice to particulars listed in Clause Titled ‘INTELLECTUAL PROPERTY RIGHTS ’above, Vivek Private Limited shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

Entire Agreement

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Vivek Private Limited with respect to the Website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Vivek Private Limited 's failure to act with respect to a breach committed by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

Force Majeure

The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.

Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.

Disclaimer

Please Refer to our Disclaimer provided on our Website.

General

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change, alter or modify these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at legal@viveks.com.