These Terms of Use ("Terms") govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the “Services”) made available by Viciniti Inc, firm established in Mumbai, India, having its office at #10, Priyadarshi Building, 12th Road, Khar (West) - Mumbai 400 052 India (“ Viciniti Inc”).
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Viciniti Inc. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Viciniti Inc may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Viciniti Inc reasonably suspects that:
without notice to you, where Viciniti Inc, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason. Without limiting its other rights under these Terms, Viciniti Inc may immediately restrict or deactivate your access to the Services if you breach the Social Community Guidelines at any time.
Viciniti Inc reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Viciniti Inc will post the amended Terms at the domain of www.Viciniti Inc.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website (www.viciniti.co.in) (“ Website”) or Applications (as defined below) (collectively “Viciniti Platform”) following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Viciniti Platform.
Viciniti Inc has established a Privacy Policy that explains to users how their personal information is collected and used. The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Viciniti Inc and how they may make a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy.
Viciniti Inc may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include a dispute, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Viciniti Inc may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
Viciniti Inc will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Viciniti Inc’s web application (each, an " Application") or Website to: (a) sell home-based goods and products ( food and non-food items) direct to consumers; and (b) facilitate receiving of payments for such good and products by you.
The Services are made available solely for your individual, business use, unless Viciniti Inc has agreed with you otherwise in a separate agreement. You acknowledge that Viciniti Inc does not make or provide home-made goods and products and that all such home-made goods and products are provided by you and providers who are not employed by Viciniti Inc or any of its affiliates. Viciniti Inc does not accept any liability whatsoever for the products and goods ( food and non-food) and the Vicinit Platform that it provides to you is subject to these Terms.
Subject to your compliance with these Terms, Viciniti Inc grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Viciniti Platform on your personal devices solely in connection with your use of sales of goods and products that are home-made by you; and (ii) access and use any content, information and related such sales that may be made available through the Viciniti Platform, in each case solely for your home-made business use. Any rights not expressly granted herein are reserved by Viciniti Inc and Viciniti Inc’s licensors.
Viciniti reserves the right to charge you, on acceptance basis, monthly / quarterly etc subscriptions charges for the use of the Viciniti Platform
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Viciniti Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the platform except as expressly permitted by Viciniti Inc; (iii) decompile, reverse engineer or disassemble the platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the platform or unduly burdening or hindering the operation and/or functionality of any aspect of the platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the platform or its related systems or networks.
The Platform and its services and all rights therein are and shall remain Viciniti Inc’s property or the property of Viciniti Inc’s licensors. Neither these Terms nor your use of the platform convey or grant to you any rights: (i) in or related to the platform except for the limited license granted above; or (ii) to use or reference in any manner Viciniti Inc’s company names, logos, product and service names, trademarks or services marks or those of Viciniti Inc’s licensors.
In order to use most aspects of the Platform Services, you must register for and maintain an active personal Seller Account (" Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Viciniti Inc certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Platform Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your SELLER ACCOUNT name and password at all times.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform Services, and you may only access or use the Platform Services for lawful purposes. You will not, in your use of the Platform Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Platform Services, and you agree that you may be denied access to or use of the Platform Services if you refuse to provide proof of identity or other method of identity verification.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform Services, and you may only access or use the Platform Services for lawful purposes. You will not, in your use of the Platform Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Platform Services, and you agree that you may be denied access to or use of the Platform Services if you refuse to provide proof of identity or other method of identity verification.
Viciniti Inc prohibits discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under applicable law.
By creating an Account, you agree that the Platform Services may send you text (SMS) messages as part of the normal business operation of your use of the Platform Services.
Viciniti Inc may, in Viciniti Inc’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Platform Services subject to any additional terms that Viciniti Inc establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Viciniti Inc; (iii) may be disabled by Viciniti Inc at any time for any reason without liability to Viciniti Inc; (iv) may only be used pursuant to the specific terms that Viciniti Inc establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Viciniti Inc reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Viciniti Inc reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Viciniti Inc may, in Viciniti Inc’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Viciniti Inc through the Platform Services textual, audio, and/or visual content and information, including commentary and feedback related to the goods and products, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Viciniti Inc, you grant Viciniti Inc a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform Services and Viciniti Inc’s business), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Viciniti Inc the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Viciniti Inc’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Viciniti Inc in its sole discretion, whether or not such material may be protected by law. Viciniti Inc may, but shall not be obligated to, review, monitor, or remove User Content, at Viciniti Inc’s sole discretion and at any time and for any reason, without notice to you.
You understand that use of the Platform Services may result in charges to you for the Platform services you receive (" Subscription Charges"). Viciniti Inc shall or may charge you a convenience fee (“Fee”) for the Platform or Delivery Services provided by Viciniti Inc to you, with prior intimation to you. The Fee may be charged from you at the time of bookings on the platform or upon the completion of delivery.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Subscription Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Viciniti Inc or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may be entitled to a refund for a major failure of the Platform Services, or other remedies for a minor failure.
All Subscription Charges and Fee are due immediately and payment will be facilitated by Viciniti Inc using the preferred payment method designated in your Account, after which Viciniti Inc will send you a receipt by email.
As between you and Viciniti Inc, Viciniti Inc reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Platform Services at any time in Viciniti Inc’s sole discretion.
Further, Viciniti Inc may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits such as discounted Platform services will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
EXCEPT AS REQUIRED OF VICINITI INC UNDER THE CONSUMER GUARANTEES, THE PLATFORM SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” VICINITI INC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VICINITI INC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY PRODUCT OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
IF YOU ARE ACQUIRING THE PLATFORM SERVICES AS A CONSUMER, VICINITI INC'S LIABILITY FOR A FAILURE TO COMPLY WITH A CONSUMER GUARANTEE IS LIMITED TO: IN THE CASE OF PRODUCTS AND GOODS SUPPLIED TO YOU AS PART OF THE PLATFORM SERVICES BY THE SELLER ACCOUNT UNDER THIS AGREEMENT, THE COMPLAINT REGISTRATION OF THE RELEVANT PRODUCTS AND GOODS AGAIN, OR REQUEST FOR REFUND OF THE COST OF PRODUCT AND GOODS.
VICINITI INC'S LIABILITY TO YOU FOR A BREACH OF ANY CONDITION, WARRANTY OR TERM OF THIS AGREEMENT THAT IS NOT A BREACH OF A CONSUMER GUARANTEE IS LIMITED IN THE FOLLOWING WAY: VICINITI INC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM SERVICES, EVEN IF VICINITI INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VICINITI INC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND THE SELLER ACCOUNT SELLING HOME MADE PRODUCTS AND GOODS, EVEN IF VICINITI INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VICINITI INC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN ANY PERFORMANCE RESULTING FROM CAUSES BEYOND VICINITI INC’S REASONABLE CONTROL. IN NO EVENT SHALL VICINITI INC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES ONE THOUSAND (INR 1000).
VICINITI INC’S PLATFORM SERVICES MAY BE USED BY YOU TO REQUEST AND PURCHASE HOME-MADE GOODS AND PRODUCTS FROM SELLER ACCOUNTS SELLING SUCH HOME MADE GOODS AND PRODUCTS, BUT YOU AGREE THAT VICINITI INC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-MADE PRODUCTS AND GOODS PROVIDED TO YOU BY SELLER ACCOUNTS SELLING SUCH HOME MADE GOODS AND PRODUCTS.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, VICINITI INC WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN ANY PERFORMANCE WHATSOEVER RESULTING FROM ACTS BEYOND THE REASONABLE CONTROL OF VICINITI INC. SUCH ACTS SHALL INCLUDE BUT NOT BE LIMITED TO ACTS OF GOD, RIOTS, ACTS OF WAR, EPIDEMICS, PANDEMICS, TRADE EMBARGOES, FIRE, TYPHOONS, EARTHQUAKES, OTHER NATURAL DISASTERS. ETC.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.
You agree to indemnify and hold Viciniti Inc and its affiliates and their Founders, officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Platform Services or goods obtained through your use of the platform services; (ii) your breach or violation of any of these Terms; (iii) Viciniti Inc’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers ("Losses ").
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Platform Services or these Terms, including those relating to its validity, its construction or its enforceability or with the goods and products provided by SELLER ACCOUNT ( Seller of Such Goods and Products ) (any "Dispute"). You agree and acknowledge that you must raise any Dispute with the Goods and Products as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Viciniti Inc shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute. Viciniti Inc shall in its sole discretion choose whether or not to attempt resolution of the Dispute with the SELLER ACCOUNT.
In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non- excludable portions of the relevant Consumer Law legislation.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be Mumbai, India.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
Grievance Officer
For the purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer of Viciniti Inc shall be: Ms. Shrea Kukreja Viciniti Inc.
#10, Priyadarshi Building, 12th Road, Khar (West) - Mumbai 400 052
E-mail: contact@viciniti.co.in
Phone: +91 93246 67680
Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays.
Viciniti Inc may give notice by means of a general notice on the Platform Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Viciniti Inc by written communication to Viciniti Inc's address #10, Priyadarshi Building, 12th Road, Khar (West) - Mumbai 400 052
You may not assign or transfer these Terms in whole or in part without Viciniti Inc’s prior written approval. You give your approval to Viciniti Inc for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Viciniti Inc’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Viciniti Inc for the use of the Platform Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including” and “include” mean “including, but not limited to.”
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