Terms of Service
Version: tos-v2.5
1. Introduction and eligibility
Welcome to Findme at vivafindme.com (the “Platform”), operated by Vivalogix LLP. Registered office: D-6026 16th Avenue, Gaur City 2, Greater Noida West, Gautam Budha Nagar, UP - 201318. Further operator details are also set out in our Privacy Policy.
You must be at least 18 years old to register and use the Platform. These Terms are a binding contract under Indian law.
2. Privacy and consent
Our Privacy Policy is incorporated by reference. At registration you agree to these Terms and the Privacy Policy, consent to the collection and processing of your personal data, and consent to sharing with participating businesses as described in the Privacy Policy. Optional marketing communications require a separate opt-in.
3. Platform role
Findme provides marketplace and business tools. Businesses on the Platform are independent; unless stated otherwise, we are not the seller of record for their goods or services.
4. Other businesses
Parties other than Vivalogix LLP and its affiliates may operate businesses, provide services, sell product lines, or offer programs on the Platform (for example, through marketplace listings). The Platform may also provide links to websites of affiliated companies or other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offerings of any of these businesses or individuals or the content of their websites. Vivalogix LLP does not assume any responsibility or liability for the actions, products, services, or content of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party as described in the Privacy Policy. You should carefully review their privacy statements and other conditions of use.
5. Terms for registered businesses
If you register or operate a business on the Platform, you agree to the following in addition to the rest of these Terms:
- You will use customer personal data received through the Platform only to fulfill orders, provide services, or complete transactions with those customers.
- You will comply with the Privacy Policy, the DPDP Act, and all other applicable Indian law when collecting, using, storing, or sharing customer data.
- You will not repurpose, sell, or onward-share customer data except as permitted by these Terms, the Privacy Policy, and applicable law.
- You will indemnify and hold harmless Vivalogix LLP, its subsidiaries, affiliates, and their respective officers, directors, partners, agents and employees against claims arising from your misuse or unlawful handling of customer data.
- You acknowledge that search, discovery, and ranking on the Platform are governed by rules we may change from time to time, and that we do not guarantee any particular rank, visibility, or volume of leads unless expressly agreed in a separate written agreement with us.
6. User-uploaded content
You are responsible for content you upload and must have rights to upload it. Your content remains subject to these Terms and applicable law, including the indemnity in Section 7.
7. Indemnity and release
You shall indemnify and hold harmless Vivalogix LLP, its subsidiaries, affiliates, and their respective officers, directors, partners, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Vivalogix LLP and/or its affiliates and/or any of its officers, partners and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of businesses (including sellers, service providers, and program operators) on the Platform, and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise, except to the extent such waiver is not permitted under applicable Indian law.
8. Payments
Payments may be processed by third parties (e.g. Razorpay). Their terms apply.
9. Use of third party services
When you use the Findme Platform, you may also be using the services of one or more third parties, such as a wireless carrier, a mobile platform provider, a payment gateway, cloud or messaging providers, or businesses listing on the Platform. Your use of those third-party services may be subject to the separate policies, terms of use, and fees of those third parties.
10. Data storage and transfer
Primary storage is in India. Some subprocessors may process data outside India as described in the Privacy Policy.
11. Account deletion and user rights
Request deletion by emailing support@vivafindme.com with subject “Request for account deletion”. Other rights: contact the Grievance Officer (Section 14) with “Grievance” in the subject.
12. Disclaimer
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You are responsible for lawful use of the Platform and for any purchases, bookings, enrollments, or other transactions you make.
We shall neither be liable nor responsible for any actions or inactions of businesses on the Platform, nor any breach of conditions, representations or warranties by those businesses or by manufacturers or suppliers of goods or services, and we hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and those businesses.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the goods, services, programs, or content (including product or pricing information and/or specifications) listed, displayed, or transacted on the Platform. While we take precautions to avoid inaccuracies in content, the Platform, all content, information (including pricing), software, products, services and related graphics are provided “as is” and “as available”, without warranty of any kind, to the maximum extent permitted by applicable Indian law.
We do not implicitly or explicitly support or endorse the sale or purchase of any goods or services on the Platform. At no time shall any right, title or interest in the goods or services sold through or displayed on the Platform vest with Vivalogix LLP, nor shall Vivalogix LLP have any obligations or liabilities in respect of any transactions on the Platform between you and businesses, except where Indian law requires otherwise.
We do not warrant uninterrupted, error-free, or secure operation; freedom from bugs; or any particular search, discovery, ranking, scheduling, or business outcome. Algorithms and features may change over time without notice.
Exclusive remedy. If you believe the Platform has a defect, your exclusive remedy (except where law requires otherwise) is:
- correction of the defect (patch, fix, or reasonable workaround); or
- if correction is not commercially reasonable within a reasonable time, termination of access to the affected feature or, for paid Platform services, a pro-rata refund of fees for the unused period.
Non-excludable rights. Nothing in this Disclaimer section excludes rights that cannot be excluded or limited under Indian law.
13. Limitation of liability
To the maximum extent permitted by applicable Indian law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, data, or business opportunity, including from bugs, downtime, algorithm changes, or inaccurate search results.
Our total aggregate liability shall not exceed the greater of (a) fees you paid us in the 12 months before the claim, or (b) INR 1,000 for accounts with no paid Platform fees. We are not responsible for acts of businesses on the Platform or other third parties. Force majeure applies.
14. Grievance Officer
Grievance Officer
Name: Vinod Kumar
Address: 6026 D Block, 16th Avenue, Gaur City 2, Greater Noida West, Uttar Pradesh 201318, India
Email: support@vivafindme.com
- Rights / grievances: email with “Grievance” in the subject line (e.g. Grievance – access request).
- Account deletion: email support@vivafindme.com with subject “Request for account deletion”.
- Nomination: email with “Request for nomination” in the subject line, including the nominee’s name and contact details.
We aim to respond within 30 days as required under applicable Indian law.
15. Governing law and dispute resolution
Governed by Indian law. Courts at Noida, Uttar Pradesh have jurisdiction. Disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated in Noida, in English, subject to non-waivable consumer rights.
16. Changes to terms
Material changes will be notified in-app or by email. Where required, you must re-accept updated Terms and Privacy Policy before continued use.