Welcome to Vivimart! Vivimart is an online platform available at and its corresponding mobile application, collectively referred to as "ViviMart." This platform is managed and operated by GVS FOOD AND RETAIL PRIVATE LIMITED, hereafter referred to as "GVS," "we," "us," or "our." These terms and conditions govern the use of ViviMart and the services it offers and are subject to periodic updates. Additionally, specific terms and conditions applicable to certain services, referred to as "Service Terms," may also apply. In case of any inconsistency between these Terms of Use and the Service Terms, the Service Terms will prevail for the respective service.

Please note that these Terms of Use are considered an electronic record according to applicable law, and they do not require physical or digital signatures. Before using or accessing ViviMart or availing any service, please carefully read and understand these Terms of Use. By using ViviMart or its services, you indicate your agreement to abide by these terms.

1. Use of ViviMart

ViviMart is an online platform that allows you to purchase products listed on ViviMart at the indicated prices from serviceable locations. It is important to understand that, unless explicitly stated otherwise, GVS acts as a facilitator and not as the seller of the products on ViviMart. Consequently, any purchase you make on the website constitutes a bipartite contract solely between you and the sellers on ViviMart.

2. Eligibility

To use and access ViviMart, you must be legally capable of entering into binding contracts according to the Indian Contract Act, 1872. This means you must be at least 18 years old, of sound mind, and not disqualified from entering into contracts by any law. Minors, individuals under the age of 18, may use ViviMart only with the involvement of a parent or guardian.

3. Registration and Operation of Your Account

3.1. To use ViviMart and its services, you need to register on the platform. Registration is a one-time process and is free of cost. You can register in one of two ways:

3.1.1. By creating a ViviMart account: You can register by providing relevant information such as your name, gender, and other necessary details. Your login ID and password will be generated based on the information you provide.

3.1.2. By using a third-party account: You may use login credentials from third-party accounts, as identified by GVS (e.g., Google or Facebook). If you choose this option, specific terms and conditions applicable to such third-party accounts will also apply.

Your registration details and ViviMart login information are collectively referred to as "Account Information."

3.2. You are solely responsible for operating the account created by you. It is your duty to maintain the confidentiality of your Account Information and restrict access to your account on your computer, mobile, or similar devices to prevent unauthorized access. You must keep your Account Information current and accurate at all times. You can access and update most of your Account Information in the 'Your Account' section of the website.

3.3. You must: (a) Immediately notify GVS of any unauthorized use of your account or any breach. (b) Ensure you log out of your account at the end of each session. Failure to comply with these Terms of Use may result in GVS refusing access to ViviMart, restricting new orders, canceling pending orders, deactivating or suspending your account without prior notice for reasons including breach of these Terms and Conditions, violation of applicable laws, involvement in inappropriate or unlawful conduct, placing fake orders, frequent cancellations, returns, or abuse of policies, or causing harm to the brand image of ViviMart on public forums (e.g., social media, print, electronic media), or harassment of ViviMart and its employees or agents.

4. Communication and Unsubscription

4.1. After registering on ViviMart, you may receive SMS or email notifications from GVS regarding your registration and transactions on ViviMart.

4.2. You may also receive notifications about marketing and promotional activities available on ViviMart. By registering on ViviMart and/or verifying your contact number with us, you explicitly consent to receive marketing and promotional communications (via call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

4.3. GVS may also send notifications and reminders related to the Services on ViviMart, although it does not guarantee the delivery of such notifications/reminders.

4.4. You have the option to unsubscribe/opt-out from receiving marketing/promotional communications, newsletters, and other notifications from GVS at any time by following the instructions provided in such communications.

5. License and Access to Platform

5.1. Your use of ViviMart, the Services, and access to ViviMart Content (defined below) is subject to a limited, revocable, and non-exclusive license granted to you when you register on ViviMart. You may use ViviMart solely for the purpose of identifying products, making purchases, and processing returns and refunds, following the Return and Refund Policy, for personal use only and not for business purposes.

5.2. This license does not include the right to: (a) Resale of products or commercial use of ViviMart or ViviMart Content. (b) Collect and use product listings, descriptions, or prices. (c) Use ViviMart, the Services, and/or ViviMart Content for any purpose other than as specified in these Terms of Use. (d) Download or copy Account Information. (e) Use data mining, robots, or similar data gathering and extraction tools to extract any part of ViviMart. (f) Create and/or publish your own database that features parts of ViviMart.

5.3. You grant GVS a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on ViviMart without additional approval or consideration in any form, media, or technology, for the full term of any rights that may exist in such content. You agree to take further actions necessary to perfect the rights granted to GVS, including executing deeds and documents upon request. Please note that GVS reserves the right to refuse your access to ViviMart, terminate/deactivate your account, remove or edit content on ViviMart at its discretion.

6. Personal Information Privacy

6.1. During your registration and use of ViviMart or the Services, GVS may collect, store, or you may provide personal identifiable and sensitive information, including your name, phone number, email address, address, postal code, occupation, login details, and more.

6.2. GVS respects the sensitivity of your information and has formulated a Privacy Policy, which is considered part of these Terms of Use, outlining how your information is collected, stored, processed, used, and disclosed. If you object to the terms of our Privacy Policy, please refrain from using or accessing ViviMart or availing the Services. For more information, please read the entire Privacy Policy.

7. Amendment of Terms of Use

7.1. GVS reserves the right to revise these Terms of Use from time to time to:

• Reflect updates, changes, or additions to ViviMart and the Services.
• Reflect changes in industry practices, legal requirements, or other reasons.

7.2. Changes will be effective immediately upon posting on ViviMart, and your continued use of ViviMart after such changes indicates your acceptance of these changes. You are expected to review these Terms of Use regularly.

8. Account Deactivation

8.1. We reserve the right to refuse service, close accounts, remove, or edit content or cancel orders at our discretion. The circumstances leading to account deactivation include but are not limited to the following:

• Breach or suspected breach of these Terms of Use.
• Requests by law enforcement or other government agencies.
• Violation of a third party's rights, including infringement of intellectual property rights.
• Repeated fraudulent and/or deceitful activities.
• Misrepresentation of personal information or the sale of prohibited items.
• If your registration information or other account-related details are not accurate, current, and complete.
• Repeated failure to deliver payment for services.

8.2. If your account is deactivated, you may be denied access to ViviMart, your account, content, or data. However, you may not necessarily be entitled to a refund of any monies in your ViviMart account if your account is terminated or suspended.

8.3. In case of account deactivation, you may contact our Customer Support for inquiries and resolution of any disputes.

9. Compliance with Local Laws

9.1. ViviMart is hosted in India, and it is directed to users residing in India. We make no representation that ViviMart is compliant with laws of any other location. Users who access ViviMart from locations outside India do so at their own risk and are responsible for compliance with local laws.

DISPUTES

Any dispute or claim related to these Terms of Use, ViviMart, or any transaction conducted on ViviMart will be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India, and will be governed by and construed in accordance with the laws of India. Disputes between you and GVS will be resolved in accordance with Indian laws as applicable.

DISCLAIMER

GVS has no liability for any breach or delay in service due to a Force Majeure Event. A Force Majeure Event includes any act, event, or occurrence beyond GVS's reasonable control and may include industrial action, civil commotion, war, terrorist act, fire, explosion, storm, flood, earthquake, or other natural disaster, road traffic accidents, and any other natural or man-made event that prevents GVS from fulfilling its obligations.

REPORTING OF VIOLATIONS

Please report any violations of these Terms of Use to our Customer Support.

INDEMNITY AND RELEASE

You shall indemnify and hold GVS and its affiliates, officers, employees, and representatives harmless from any claim or demand, or actions, including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.

CONTACT US

For any inquiries or grievances regarding ViviMart, you can contact our Customer Support.

ENTIRE AGREEMENT

These Terms of Use, as well as any other policies or documents incorporated by reference, constitute the entire agreement between you and GVS concerning the use of ViviMart.

Thank you for choosing ViviMart and using our services. We hope you enjoy your shopping experience with us.

Welcome to ViviMart!

The Terms and Conditions of Sale outlined herein ("Terms of Sale") establish an agreement between the entity listed as the seller ("we," "us," or "our") on the website and its corresponding mobile application, collectively referred to as "ViviMart," and you ("you" or "your"). These terms govern your purchase of products ("Products") from us through ViviMart. By placing an order for any Product with us or making a purchase, you explicitly agree to abide by these Terms of Sale.

These Terms of Sale are supplementary to various agreements, Service Terms, Privacy Policy, Terms of Use, and all other policies of ViviMart. It's important to note that these Terms of Sale constitute an electronic record under applicable law. This electronic record is generated by a computer system and does not require physical or digital signatures.

1. Our Sales Agreement

1.1. When we list and display a Product on ViviMart, it serves as an invitation for you to make an offer to purchase that Product. Similarly, when you place an order on ViviMart, you are making an offer to buy the Product(s) from us.

1.2. After you've placed an order for a Product, you will receive an email confirming the receipt of your order, including order details (the "Order Confirmation"). Please note that the Order Confirmation is an acknowledgment of your order and does not signify our acceptance of your offer.

1.3. We only accept your offer and finalize the sales contract for a Product when we ship or dispatch the Product to you, and you receive an email confirming the shipment (the "Shipment Confirmation"). We reserve the right to refuse or cancel any order at our sole discretion before sending the Shipment Confirmation.

1.4. Some Products in your order may have an unknown exact quantity at the time of order placement (e.g., fruits, vegetables). These Products will be invoiced based on their weight at the time of packaging. Upon dispatch, the Shipment Confirmation will reflect any marginal variance in quantity compared to your original order, along with the relevant adjustment in the invoice amount.

1.5. If your order is dispatched in multiple packages, you may receive separate Shipment Confirmations for each package. Each Shipment Confirmation and corresponding dispatch constitutes a separate sales contract between you and us for the Product(s) specified in that confirmation.

1.6. Your contract is with us, and you confirm that the Product(s) you ordered are for your personal use and not for resale or business purposes. We sell Products in quantities typical for an average household, both within a single order and when placing several orders for the same Product.

1.7. You have the option to cancel your Product order at no cost at any time before we send the Shipment Confirmation.

1.8. All orders on ViviMart are subject to Product availability, our acceptance of your offer as mentioned above, and your adherence to these Terms of Sale.

1.9. It's important to acknowledge that the title and risk of all ordered Products pass to you upon their delivery to you.

2. Return and Refund

2.1. Please refer to ViviMart's Returns Policy and Refund Policy, which apply to Products sold by us.

3. Product Availability

3.1. We provide availability information for Products on the relevant ViviMart webpage. Beyond what is stated on the webpage or elsewhere on ViviMart, we cannot provide specific availability details. Dispatch estimates are non-binding, and you will be notified by email if any ordered Products are unavailable or out of stock during order processing.

4. Product Pricing

4.1. All prices are listed in Indian Rupees and are inclusive of all applicable taxes.

4.2. The prices in your ViviMart shopping cart will reflect the most recent price displayed on the Product's information webpage. Please note that this price may differ from the initial price when you added the Product to your cart. Placing a Product in your shopping cart does not guarantee the displayed price. Additionally, a Product's price may change between the time you add it to your cart and the time you place the order.

4.3. Unless specified in paragraph 1.4 above, the prices at the time of ordering will be the charges on the delivery date. While most Product prices remain constant, some, such as fresh food and vegetables, may fluctuate daily. If prices are different on the delivery date, no additional charges will be collected or refunded, as applicable, except as outlined in paragraph 1.4.

5. Licenses

5.2. Some Products may require licenses or permissions under applicable laws. You are responsible for obtaining and complying with these licenses and permissions.

6. Taxes

6.1. You are responsible for all fees, costs, and charges associated with your Product purchases and agree to bear any applicable taxes.

7. Eligibility

7.1. Only individuals who can enter into legally binding contracts as per the Indian Contract Act, 1872 (i.e., those who are 18 years of age or older, of sound mind, and not disqualified by any law from entering into contracts) can use ViviMart and place orders. Minors under the age of 18 may purchase Products on ViviMart with the involvement of a parent or guardian.

8. Limitation of Liability

8.1. Our aggregate liability, if any, is limited to the refund of the amount charged for purchases made under a specific order. We are not liable for business losses, including profits, revenue, contracts, anticipated savings, data, goodwill, or indirect or consequential losses that were not reasonably foreseeable when the sales contract was formed.

9. Amendments

9.1. We reserve the right to make changes to our policies and these Terms of Sale at any time. You will be bound by the policies and Terms of Sale in effect when you place an order, unless changes are required by law or government authority (in which case they apply to prior orders). If any condition is deemed invalid, it will not affect the validity of the remaining conditions.

10. Force Majeure

10.1. We are not responsible for any delay or failure to fulfill our obligations due to causes beyond our reasonable control.

11. Waiver

11.1. No provision in these Terms of Sale will be considered waived, and no breach excused, unless in writing and signed by us. Our consent to or waiver of your breach, whether expressed or implied, does not constitute consent, waiver, or excuse for any other breach.

12. Governing Law and Dispute Resolution

12.1. These Terms of Sale, all transactions, and our relationship with you are governed by Indian law, with exclusive jurisdiction given to the courts of Mumbai.

13. Miscellaneous

13.1. In addition to these Terms of Sale, you must comply with the terms and conditions of third parties, such as bank offers, brand promotional offers, whose links may be included in the Service Terms or Terms of Use.

13.2. These Terms of Sale supersede all previous oral and written terms and conditions communicated by us for the purchase of Products.