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Terms of Use

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This is for those who do not have the faintest idea of what is a Terms of Use section and what kinds of terms and conditions are stated in it. Well, to be precise, it is a document that comes in electronic record format. This document is an electronic contract that was developed adhering to the rules of the Information Technology Act, 2000. The rules that have been stated in this document have been constructed and any sort of small changes made in accordance with the electronic documents or records in various symbols and statutes as changed and stated by the Information Technology Act, in 2000. Such kinds of terms under the Terms of Use section do not require any sort of signature or acknowledgment like an electronic, or a physical, or even a sort of digital signature.

The document that is published is constructed considering the provisions set by rule 3(1) under the intermediate guidelines set in the rules of Information Technology, 2011 that have been in accordance with the Information Act, 2000. This Act had all regulations, User Agreement, Security, Privacy Policy, etc that could be studied for understanding the way to access the website. 

It is important to understand that the terms under the Terms of Use legally bind the customer with Vividoranges and we have defined both these terms below. Once you start accepting Terms of Use via a direct or indirect mechanism in electronic record form, these terms will be considered effective. These terms shall govern your usage of the website, or mobile app, or through other devices as well as help maintain a healthy relationship between you and Vividoranges. 

We advise you to carefully go through the entire Terms of Use section. It is important you understand that by using any sort of services provided by Vividoranges, through the official website, or through the application or other devices, you confirm that you accept the terms and give consent to each of them. In case you do not agree with even one of the rules set under the Terms of Use category, you should not use Vividoranges Services through the mobile application or through the official website. As given under Sections 43A and 72A of the Information Technology Act of 200, you hence understand and give your full consent to the Terms of Use of Vividoranges. 

The set rules under the Terms of Use section could be read online through their official website and its URL is https://www.vividoranges.com/. You can access the site through a laptop, or through the mobile application, or access the Services through other methods. The Terms of Use would bind us with our huge base of registered customers, that is you and we at Vividoranges will describe the terms accurately.  

The Terms of Use is a binding contract between us, at Vividoranges, and the users. The above-mentioned terms are usually read along with other sections like the Privacy Policy, Security, and other conditions or rules. All of them have disclaimers, and guidelines posted prior to the actual set of rules terms, and together all these could be called Agreement(s). They constitute the entire list of agreements for each section and upon agreeing to them you will gain full access to the Services of Vividoranges.

INTERPRETATION

You should know that any kind of reference concerning singular also becomes a reference concerning the plural and it is the same in case the process gets reversed. This stands true unless being exceptionally mentioned for otherwise. Unless explicitly provided for otherwise any masculine side reference would also include the feminine side of the reference, and it works both ways. You should know that the headings and captions under the Terms of Use are only used for convenience purposes and none of these will affect the actual meaning of the terms under this section. Unless found to be repulsive to the actual context, any reference to a person concerned with the Service or Party will include their immediate successors, names of their permitted assignees, as well as the names of their executors. Likewise, unless considered repulsive or irrelevant to the context, any reference of a lawful person like the Vividoranges will include the affiliates, heirs, and list of permitted assigns. 

ELIGIBILITY

This is to be notified that these Services should be used by users who are above 18 years of age. If a person is under the age of 18 years old, yet they want to access the Services by downloading the information, installing and using the Services, their immediate official Guardian or parents would be required to accept, acknowledge and agree with the terms under the Terms of Use section. In case the parents or the guardian does not seem to accept or agree with any of the given terms under the Terms of Use section, they would immediately be made to discontinue the Services. Additionally, Vividoranges exclusively has the sole right to refuse permission for accessing the Services if the notice of a person younger than 18 years old accessing their Services gets brought to their attention. 

ACCOUNT REGISTRATION AND SECURITY INFORMATION

You are allowed to accept and access the Services of Vividoranges in two ways. You can use them either by being a guest user or by opening an account and becoming a registered user. For our registered users, upon providing the accurate set of information and creating an account with us successfully, we at Vividoranges would try to make a few portions of the Services available at your service. You can access this by giving Vividoranges your mobile number and signing in to the account via OTP that you receive on your phone. Under such a situation, to avail of the Services offered by Vividoranges, you will have to take the responsibility of maintaining the security and privacy of your account. You are solely responsible for every choice you make through your account with us. Under such conditions, you would be required to agree two most important factors. One of them would be to accept and be responsible enough to notify Vividoranges immediately in case you feel your sensitive account information has been breached or in case your account has been used in an unauthorized manner. Another factor would be to ensure that the user successfully exits logs out from the account after each session ends. Under no circumstances will Vividoranges be held responsible or will take the liability of any sort of damage or loss of sensitive information that arises from the user’s incapability to adhere to both these instructions. However, you might be held responsible for such loss or damage of the information happening due to your carelessness. Due to this, we advise you to regularly follow the above two factors and update your information whenever necessary. As for our guest users, we at Vividoranges permit the users to get limited access to our Services. They will work under the term ‘guest user’. In case you are in dilemma whether you want to become a registered user to fully access our Services, you will be allowed to browse through our landing pages. 

USING THE SERVICES ACCURATELY

Hereby, you accept and agree that while using the Services of Vividoranges, you shall not do the following things: 

  • You shall not abuse, degrade, stalk, even defame, threaten or violate the binding set of legal rights of third parties.
  • You will not be allowed to publish, share, or upload, issue any sort of inappropriate, degrading, or violating, vulgar, or illegitimate topic, or spread a name, or a piece of information.
  • Nobody shall be allowed to conduct surveys, any sort of contests, or schemes 
  • Further, falsification of information leading to the user attributes or deletion of the same or any sort of falsification of the legal notices or logos or ranks shall not be tolerated. Deletion of the original source of the software or any other sort of file that has been uploaded will not be tolerated
  • No part of any information that you will provide on our official website should be false or misleading in any way
  • You will not be permitted to use any kind of automatic device like a spider, or deep-link, or robot. Using any sort of algorithm or program, or similar kind of manual process, to acquire and copy of any part of the Services or distributing the communication or navigation presentation of these services to get access to other important documents is strictly unaccepted.
  • No amount of modification of information, copying and re-publishing of the refurbished information regarding license, or privacy, or selling this information will not be tolerated either. 

PAYMENT & REFUND PROCEDURE

You should know that you will be held responsible for the payment of each fee and other charges that are in association with the mentioned Services that you access from us. We also agree to bear any sort of taxes that are applicable and other such factors be levied from there. We accept every mode of online payment through the official payment gateway of Razorpay. This would include paying through the use of a Credit or Debit Card or through NEFT transfer, or RTGS transfer. To enjoy the essence of Services even before the period starts, we recommend you to get over with the payment part just after you chose to get registered for accessing the Services. At Vividoranges, they reserve the entire right to cancel any ongoing project or any future Service.

No amount of refund is to be given to Users just after they accessed a particular service time. No refund should be initiated if the Services had all intent and purposes all along. Under such a situation, Vividoranges have reserved the sole right to frame a particular refund of the policy on a daily basis or at regular intervals.

ABOUT THIRD PARTY CONTENTS

At Vividoranges, we provide the links that lead to the third-party websites on our Services. We have given it solely for our user’s convenience. Upon using these links we make sure that you do not use our Services. Since Vividoranges do not review the links to third-party websites and are in no control of them, we do not hold the responsibility for the content of these websites and their security. Hence, we are in no position to endorse these links of the third party and be responsible for their actions. You can feel free to contact us for more information on this. 

ABOUT PRIVACY

We at Vividoranges make sure that everyone understands that the Privacy Policy is applied in order to access the Services and the terms of the Privacy Policy have been included and referred to in the section of Terms of Use. Those of you at Vividoranges who wish to read the terms under Privacy Policy, we request you to visit the official website, wwwvividoranges.com. By using the Services we provide, you agree and acknowledge the fact that any sort of information transmitted through the Internet can never be entirely secure and private. You also have to understand and agree to the fact that information or a message sent to the Services could be read by other sources even if the information is a special one where the actual transmission has been encrypted.

ABOUT COMMUNICATIONS

You should know that whenever a person accesses the Services or even decides to email or via any other method use some piece of information, or data, or even for communicating with Vividoranges, the person must acknowledge and agree that they are communicating through safe electronic modes. Additionally, the customers are allowed to express their will to receive such communications through the electronic record from our staff at regular intervals, whenever necessary. We would also like to mention here that we would like to continue communicating via email or any other electronic mode of communication.  

THE INTELLECTUAL PROPERTY RIGHTS

None of the lines or rules stated under the Terms of Use section gives a customer the legal right to access and use the trademarks, other service logos, and marks or another sort of marks that are owned by Vividoranges themselves that might be expressed in the document of the Services (also known as IPR). If any customer ever wants to use the IPR, they would be required to submit a well-written permission note to Vividoranges. Further, you are required to accept that we work at Vividoranges, and only they exclusively are the owner of the respective Services of the IPR. You will have to agree that you shall not be allowed to contest the ownership of the mentioned IPR for any reason whatsoever. You would have to agree that you won’t be interfering with the security purposes, or try not to disable or get around with the system of operation of the Vividoranges that actually prevent copying of data or restrict the usage of some information through the Services.

NO WARRANTY SERVICES

As followed by several other Services, Vividoranges also have the policy of providing services based on an ‘as is’ option. At Vividoranges, we do not make any sort of exceptions or extended warranty services that might be asked to imply or be expressed. Having said this, we will always see to it that we meet your requirements regarding the Services. We have the reputation of being available 24/7. You can access our Services any time you want, we are available for helping you out in an uninterrupted manner, and we manage a secure way for you to operate the Services. 

INDEMNITY OR INSURANCE

You have been given the right to indemnify and hold the harmless Vividoranges, along with the owner, their licensee, applicable affiliates along their respective officers. You can hold protection from the employees or the directors’ agents from any sort of demand, or actions that would include the fees for the attorney, that has been made by any other third party or imposing a penalty that could have happened due to you breaching the terms set under the Terms of Use portion, or Privacy Policy, or even other parts of the conditions. This would also include any sort of law violations or violating rules and rights that might include the infringement of a third party’s intellectual property right. 

LIMITATION OF A LIABILITY

Vividoranges under no circumstances will be liable by you for any type of consequential, or indirect, or incidental, even exemplary and punitive damages, including lost profits. This stands true for situations except for situations that are opposed by the law. This stands even if Vividoranges, in the future is being indicated of the possibility of such kind of damages. If, after all this, Vividoranges is found notwithstanding some of the other provisions under the Terms of Use section, and is caught liable to you or any other significant Party for any stated damages or loss which is linked to your using of the Services or connected to any other content, under no circumstances will the liability of Vividoranges exceed the amount of Rs. 100/- (that is, Rupees One Hundred Only). Some jurisdictions do not even allow the limitations of liability. Under such a situation, the ongoing limitation would not be applied to you. 

UPDATES

The rights are reserved at our sole discretion if any changes or modifications are required to be brought to the Terms of Use. It is solely our right to delete or add some extra points to the existing terms and we are free to make such changes any time without giving our viewers prior notice of same. For this reason, we advise you to frequently check our Terms of Use page to be updated about any sort of modifications in them. Your availing of our Services after these modifications will indicate and mean that you know and accept our modified version of the Terms of Use. We assure to give you a non-exclusive, very personal, and non-transferable sort of limited privilege to use our Services. This assurance will be maintained as long as you agree and adhere to our recently developed Terms of Use. 

SEVERABILITY

It is to be noted that any of these above-mentioned terms could be found to be invalid, or illegal at some point, otherwise unenforceable due to some reason stated by the laws of any particular state where the terms are officially stated to be effective. Under such conditions, to a major extent and keeping the jurisdiction in mind, the mentioned term that is declared illegal or unenforceable or invalid, the term is to be severed and omitted from the document, and the rest of the terms under the Terms of Use section will be kept as it is. The rest of them will be applicable and remain in effect in full force and continue to be enforceable. 

THE NON-ASSIGNMENT

It should be noted that nobody is allowed to transfer, or assign, or be alleged to transfer and assign the contract between them and us to another third person. 

DISPUTE RESOLUTION

In case there arises any sort of dispute regarding the Terms of Use or disputes arising from these terms should be settled by the arbitration that is controlled through the terms stated under the Arbitration and Conciliation Act, 1996. These disputes might include questions related to the existence and validity of these terms or even regarding the termination of the same. The matter is only to be brought under the attention of the governing Arbitration and Convill if the matter cannot be solved within 15 days of bringing up the issues to their attention by the Parities. Such 15 days is officially referred to as the ‘Consultation Period’. Further, if the parties do not seem to agree with a sole arbitrator, under such conditions a panel of three arbitrators is requested to be set up. Here, within the next 15 days or so of the expiry of the Consultation Period, each party gets to appoint an arbitrator. Within another 15 days of appointing the lats of the arbitrators, these two arbitrators should appoint the presiding arbitrator together. In case there is any confusion, the language for arbitration would be English and the venue or seating arrangement of Arbitration would be in Bangalore. Whenever one of the Party notifies the significant another one, a dispute would be officially registered to have occurred. And the notification should be given in writing. 

ABOUT THE GOVERNING LAW AND JURISDICTION

The above-mentioned Terms of Use are subjected to Clause 16 and they fall under the laws of India. Any other action, any sort of legal proceeding, or suit, that gets started off to resolve any issue that falls relates to or falls under the mentioned Services, will be subjected to the jurisdiction of the Chennai courts in India.

CONTACTING THE GRIEVANCE OFFICER

Considering the rules made under the Information Technology Act, 2000 given below are the contact details, and necessary information of the Grievance Officer. They are:

+91 80729 25985