Terms of Use

Introduction

This page sets out the terms and conditions (the “ Terms of Use”) and the privacy policy (the “Policy”) which governs the use of the Website (as defined below) and the Mobile Application (as defined below) for mobile and handheld devices, each of which You shall be deemed to have read, understood and consented to of Your free will.

This Website (vivirooms.com) (hereafter referred to as “Website”) or Mobile Application i.e. [ViviRooms] (“Mobile Application”) is owned and operated by ViviRooms Ecomm Pvt. Ltd. (hereafter referred to as “ViviRooms”). ViviRooms is a private limited company registered under Companies Act, 2013, bearing CIN U72200HR2022PTC101821 and having its registered office at 1401, Vatika Professional Point, Golf Course Ext Rd, Badshahpur, Sector 66, Gurugram, Haryana 122002.

By accessing the ViviRooms’s Website or Mobile Application You are indicating Your acceptance of these Terms of Use. These Terms of Use are subject to change by ViviRooms at any time at its sole discretion. Your use of this Website or Mobile Application after changes are implemented constitutes Your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly. As long as You comply with these Terms of Use and the Policy, we grant you a personal, non-exclusive, non-transferable, non-assignable, revocable, non-sub licensable and limited privilege to enter and use the Website and the Mobile Application.

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires, “You”, “User”, “Your” shall mean any natural or legal person who has agreed to become a user of the Website or Mobile Application by using the Website or Mobile Application and availing its services. The term “We”, “Us” or “Our” shall mean the ViviRooms.

By using the Website or installing and/or the Mobile Application you warrant and confirm that you have the legal right, authority and capacity to enter into and be bound by the Terms of Use and the Policy.

Binding Contract

The Terms of Use along with the Policy constitute the entire contract between the User(s) and ViviRooms with respect to the ViviRooms’s service(s), superseding any prior written or oral contracts in relation to the subject matter herein. By installing the Mobile Application, downloading or using the ViviRooms’s services, You signify Your acceptance of the Terms of Use and the Policy which takes effect on the date on which You download, install or use the ViviRooms’s service(s), and create a legally binding arrangement to abide by the same. By accepting the Terms of Use and the Policy, You also accept and agree to be bound by ViviRooms’s policies, as amended, from time to time.

PLEASE READ THE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/ MOBILE APPLICATION OR ACCESSING ANY SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE/ MOBILE APPLICATION.

Use of ViviRooms Website or Mobile Application

You agree to comply with the policies made available to You within the Website and Mobile Application.

If you are accessing the Mobile Application, then while the Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple’s iTunes, Android’s play store from time to time) which will govern the use of the Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

Membership and Registration  

To fully use the Website or Mobile Application and avail ViviRooms’s services, You are required to register Yourself by filling up the registration form providing the following information which inter-alia includes full name, email id etc. 

Further, at any time during Your use of ViviRooms’s Website or Mobile Application, including but not limited to at the time of registration, You are solely responsible for protecting the confidentiality of Your password/pin. Any activity under the account shall be deemed to have been done by You. 

It is a condition of Your use of this Website or Mobile Application that all the information You provide on the Website or Mobile Application will be correct, current, and complete. In the case that You provide Us with false and/or inaccurate details, or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

Basic Use Requirements

To use ViviRooms services You will need a device that meets the service’s system and compatibility requirements, which may change from time to time; working Internet access; and compatible software. Your ability to use ViviRooms, and ViviRooms’s performance, may be affected by these factors. Such system requirements are Your responsibility.

Proprietary Information

All material included on ViviRooms’s Website, Mobile Application, and any other Website owned, operated, licensed, or controlled by ViviRooms, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of ViviRooms. Modification or use of the Content except as expressly provided in these Terms of Use violates ViviRooms’s intellectual property rights. Neither title nor intellectual property rights are transferred to You by access to ViviRooms’s Website or Mobile Application.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of ViviRooms, except that: You may download, print, distribute and use pages from the Website or screens from Mobile Application for Your own informational, non-commercial purposes, but not for commercial use or general distribution. Any copies of documents or pages from the Website or screens from the Mobile Application must not alter the original Content.

You agree to implement all technical and organizational measures necessary to meet the requirements of applicable data protection laws to protect the Confidential Information against misuse. 

Hyper-Links

Our Website or Mobile Application may be hyper-linked to other sites which are not maintained by, or related to, ViviRooms. ViviRooms has not reviewed any or all such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the User’s own risk, and ViviRooms makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Website or Mobile Application. A link to ViviRooms’s Website or Mobile Application does not falsely imply or suggest that ViviRooms has endorsed or is affiliated with the linked Website. For research, quality assurance, or other reasons, ViviRooms reserves the right to insert links into all content served by ViviRooms’s services.

Limitation on Liability

ViviRooms provides services on an “AS-IS” basis without support or any express or implied warranty or indemnity for any problems or issues, and ViviRooms will not have any liability relating to Your use of the ViviRooms’s Website, Mobile Application or related services.

To the extent not prohibited by applicable law, in no event shall ViviRooms, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, and directors be liable for any indirect, incidental, direct, punitive, actual exemplary, special, or consequential damages whatsoever; including without limitation any loss or corruption of data or interruption; loss of goodwill or business profits or any other commercial damages or losses, arising out of or related to your use of or inability to use the Website and/or the Mobile Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if ViviRooms has been advised of the possibility of such damages. The maximum aggregate joint liability of ViviRooms, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, and directors under this Terms of Use is limited to (a) for claims solely arising from the Website and/or the Mobile Application licensed on a perpetual basis, the fees received by ViviRooms for applicable Content, product or service out of which liability arose; or (b) for all other cases, the fees received by ViviRooms for the applicable Content, product or service and attributable to the 12 (twelve) month period immediately preceding the first event giving rise to such liability.

Indemnity

You agree to defend, indemnify and hold ViviRooms, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, and directors (hereinafter known as “ Indemnified Parties”) harmless from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (i) Your access to or use of the Website and/or Mobile Application; (ii) Your breach of these Terms of Use, including any use of Content other than as expressly authorized in these Terms of Use; (iii) Your violation of any rights of any third party, including infringement of their intellectual property right; or (iv) Your conduct in connection with the ViviRooms’s services or (v) Your gross negligence. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of this information accessed from the Website.

You acknowledge that due to the unique nature of the Website and the Mobile Application, there may be no adequate remedy at law for any breach of the obligations hereunder, and that any such breach may result in irreparable harm to ViviRooms. Therefore, that upon any such breach, ViviRooms may seek appropriate equitable relief in addition to whatever remedies it might have at law.

Compliance with laws

ViviRooms endeavours to comply with all applicable laws & regulations of the land and obligations under this Terms of Use and the Policy. ViviRooms may restrict the availability of the Mobile Application or Website in any particular location or modify or discontinue features to comply with applicable laws and regulations. You agree that ViviRooms may directly or through a third party, audit Your use of the Mobile Application or Website for compliance with this Terms of Use and the Policy at any time, upon reasonable notice. In the event that such an audit reveals any use of the Mobile Application or Website by You other than in full compliance with the terms of this Terms of Use and/or the Policy, You shall reimburse ViviRooms for all reasonable expenses related to such an audit in addition to any other liabilities the ViviRooms may incur as a result of such non-compliance.

Intellectual Property Rights

The trademarks, service marks and logos You see in ViviRooms’s Website or Mobile Application shall at all times remain the property of ViviRooms or the party that provided the trademarks, service marks, and logos to ViviRooms. ViviRooms and any party that provided trademarks, service marks, and logos to ViviRooms retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.

Nothing contained on ViviRooms’s Website or Mobile Application should be construed as granting any license or right to use any third-party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Website, except as provided in these Terms of Use, is strictly prohibited. We ask that You respect these rights.

Nothing in this Terms of Use shall be construed to transfer any ownership in, or grant any license to, or right to use any intellectual property rights of ViviRooms. ViviRooms shall, at all times, retain ownership of the Website and Mobile Application (as originally downloaded by you) and all subsequent downloads/ versions/ Upgrades of the Website and/or Mobile Application, algorithm, contents, mechanisms, processes, workflows. The Website and the Mobile Application (and the copyright, and other Intellectual Property Rights of whatever nature in the Website and/or Mobile Application, including any modifications made thereto) are and shall remain the property of ViviRooms. ViviRooms reserves the right to grant licenses to use the Mobile Application to third parties. ViviRooms may use any feedback You provide in connection with Your use of the Website and/or Mobile Application as part of its business operations. All rights not specifically granted to the You under this Terms of Use, are reserved with ViviRooms.

Security

Any passwords used for this Website or Mobile Application are for individual use only. You will be responsible for the security of Your passwords. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If You become involved in any violation of system security, ViviRooms reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. ViviRooms reserves the right to investigate suspected violations of these Terms of Use.

ViviRooms reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ViviRooms to disclose the identity of anyone making available any materials that are believed to violate the Terms of Use.

Privacy

For ViviRooms to provide services, You permit ViviRooms to disclose to payment processors or third-party service providers required information containing Your personal details, account information and other information as required. For more details, please refer to ViviRooms’s Privacy Policy

Governing law and jurisdiction

These Terms of Use, the Policy and your use of the Website and the Mobile Application shall be governed by, and construed in accordance with, the laws of India, including without limitation the Indian Contract Act, 1872, Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011) and the Information Technology (Intermediaries Guidelines) Rules, 2011, and without reference to principles of conflicts of law. The courts or tribunals at Mumbai, India shall have exclusive jurisdiction over any dispute arising from or relating to these Terms of Use, the Policy, or your use of the ViviRooms’s services. You expressly consent to the jurisdiction of the said courts/ tribunal and irrevocably waive any objection now or in future, to such jurisdiction based on forum non convenience or any other basis.

Contact Us

If You have any questions about this Policy, ViviRooms’s data handling practices, or Your dealings with ViviRooms’s services, please contact on info@ViviRooms.ai or on our below mailing address

Our mailing address:
ViviRooms Ecomm Pvt Ltd
362-363, Rao Gajraj Singh Marg,
Phase IV, Udyog Vihar, Sector 18,
Gurugram, Haryana 122016