Terms and Conditions

Welcome to VivaGem. VivaGem and its affiliates provide their services to you subject to the following conditions. If you use , visit , or register as a member of the website , you accept these conditions. Please read them carefully. The Terms of Use are subject to change by VivaGem at any time, effective upon posting on the VivaGem website, and your use of the Website or the Service after such posting will constitute acceptance of you of such changes.

1. Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. By accessing the website or becoming a member, you consent to receive communications from us electronically and accept this agreement and agree to the terms, conditions, notices, and disclosures contained or referenced herein.

2. Privacy

Your privacy is very important to us. Use of the Website and/or the Service is also governed by our Privacy Policy. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on the Website. Please review it to understand our practices.

You agree to inform VivaGem your subsequent disability to enter into any contract. Subsequent, disability shall entitle VivaGem to restrict/ change/ terminate this agreement at its own discretion.

3. Eligibility

The Services are available only to individuals who can form legally binding contracts under applicable laws of India and the country of their residence. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended VivaGem members. Your use of the VivaGem website represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement.

4. Non-Commercial Use

The VivaGem Website is for the personal use of individual members, and cannot be used in connection with any commercial endeavors, unless registered and approved as an ‘Affiliate’ of VivaGem. The commercial endeavours include providing links to other web sites, whether deemed competitive to VivaGem or otherwise. Illegal and/or unauthorized uses of the Webite, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. VivaGem shall be entitled to recover from you, your successors, heirs, assigns, etc. any profit, revenue, benefit, etc., which you have gained/ received, expected or going to receive with penalty @ 50% of such profit/ revenue/ benefit by unauthorized use of this site.

5. Privity of Membership

Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity. Members are advised to make appropriate/thorough enquiries before acting upon any service advertisement. Our Website does not vouch for or subscribe to the claims and representations made by advertisers. Kindly note that your membership at VivaGem is for your sole, personal use. You may not authorize others to use your membership and you may not assign or transfer your account to any other person or entity.

6. Term

This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time by informing VivaGem in writing to terminate your membership. If you terminate your subscription, you will not be entitled to a refund of any unutilized subscription fees or access to digital content or reports purchased through VivaGem. VivaGem may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to VivaGem. If VivaGem terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of VivaGem. VivaGem is not required to provide you notice prior to terminating your membership and/or subscription. VivaGem is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

7. Right to form Consortium/Associates

While providing services, VivaGem may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against VivaGem only and not against such persons or organizations.

8. Proprietary Rights

9. Content Posted By You

10. Prohibited Activities

VivaGem reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

11. Disclaimer of Warranties and Limitation of Liabilities

YOUR USE OF THE VivaGem SERVICE IS AT YOUR SOLE RISK

PLEASE NOTE THAT THIS CONTRACT STRICLY LIMITS OUR LIABILITY AND VivaGem DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES

12. Modifications to Service

VivaGem reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VivaGem shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Disputes and Applicable Law

If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Delhi, India only.

14. Indemnity by You

You agree to indemnify and hold VivaGem, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

16. Dealing with Advertisers

Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VivaGem shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. Other

This Agreement contains the entire agreement between you and VivaGem regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the site. If you notice any abuse or misuse of the site or anything that is in violation of this Agreement, you shall forthwith report such violation to VivaGem by writing to Customer Care. On receipt of such complaint, VivaGem may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a member shall make such member liable for termination of his/ her membership without any refund of the subscription fee.

Please contact customer service with any questions regarding this agreement. VivaGem is a trademark of Fortuna Retail Private Limited.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.