Terms & Conditions
Vendilicious - A unit of Vasulata Healthcare, having its registered office at 19, Dudhe Corner CHS, Sector 6A, Kamothe, Panvel, Dist. Raigad – 410 206, Maharashtra, India (“Vendilicious” or “we” or “us” or “our”) is providing this website Vendilicious.in (the “Platform”, Platform shall include affiliate sites of Vendilicious such as Vendilicious’s You Tube Channel, Facebook and Instagram Page and other social media handles), to its users (“User” or “Users” or “you” or “your”), inter alia to facilitate the promotion of diverse range of fast moving consumer products (the “Products”). These terms and conditions of use of the Platform ("Terms of Use”) govern your access and use of the Platform and/or transaction or dealings thereon. By using or accessing the Platform, you expressly agree to be bound by these Terms of Use. Please read the Terms of Use carefully in entirety along with any appended links hereunder to understand the applicable terms and conditions in case of use of the Platform:
1. ACCEPTANCE OF TERMS OF USE
1.1. Any access, browsing, or otherwise use of the Platform indicates your agreement to these Terms of Use, the Privacy Policy and any other policies or guidelines that may be published and/or applicable on the Platform at the time of your access. If you disagree with any part of the Terms of Use, then you should discontinue access or use of the Platform. Failure to use the Platform in accordance with these Terms of Use may subject you to civil and criminal liabilities. 1.2. By accepting the Terms of Use, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into, abide by and comply with these Terms of Use. In case you are below 18 (Eighteen) years of age, you may access and use the Platform only if enabled by a parent or legal guardian and your parent or legal guardian, as the case may be, shall assume full responsibility of your actions pursuant to the Platform. Further, if you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts the Terms of Use.
2. ACCESS TO THE PLATFORM
2.1. You will have a limited license to access and use the Platform solely for identifying Products, and consuming information in relation to the same only subject to these Terms of Use. 2.2. Vendilicious may at its option restrict and/or regulate the access of certain functionalities of the Platform. Therefore, it is clarified that certain features of the Platform may not be required or be available to you at the time of your use and/or access to the Platform and Vendilicious takes no liability for unavailability of the Platform or any feature of the Platform at any time.
3. PERSONAL INFORMATION PRIVACY
Vendilicious respects the sensitivity of the information about you, and we appreciate your trust in us. In this regard, for individuals’ onboarding the Platform, Vendilicious has formulated a privacy policy available at ______________the (“Privacy Policy”), which shall be deemed to be included in these Terms of Use by reference hereof, setting out the manner in which your information is collected, stored, processed, used and disclosed (if any). For more information, please refer to the Privacy Policy.
4. CONTENT ON THE PLATFORM
4.1. Vendilicious Content: All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform or any of the other services are the property of Vendilicious or its affiliates (“the Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Vendilicious. 4.2. Third Party Content: Vendilicious may display on the Platform any third-party logos, trade names, trademarks of other brands ("Third Party Content”), as per the license granted to Vendilicious by such brands. Vendilicious does not provide to you any license or rights to such Third Party Content or for its use and for any usage of such Third Party Content you may contact such respective third party having the required rights in and to such Third Party Content. 4.3. No information, content or material from the Platform (including the Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Vendilicious’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vendilicious and/or its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Vendilicious’s or its affiliates’, third parties’ whose content is embedded on the Platform, names or trademarks without the express written consent of Vendilicious and/or its affiliates and/ or such third parties, as applicable. Any unauthorized use of the Platform or its content terminates the permissions granted in these Terms of Use. Vendilicious may remove or edit content on the Platform for any reason at its discretion without any requirement of any notice.
5. DISCLAIMERS
5.1. Vendilicious will endeavor to make access to and use of the Platform error-free and without interruptions however does not guarantee that the Platform shall be error free or without any interruptions. You understand your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new information, facilities or services on the Platform. Vendilicious does not take responsibility for any access or usage problems or for unavailability of the Platform or any of its services or that arise from internet related issues at your end. 5.2. Without limiting the foregoing, Vendilicious explicitly disclaims any claims of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Vendilicious makes no representations that the Platform or any Products will meet your requirements or be available on an uninterrupted or secure basis. 5.3. To help you in identifying the Products, description of the Products is provided on the Platform through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance / colour / size of the Products may differ for various reasons. 5.4. The functionality included on the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Vendilicious does not covenant or provide any representations and warranties in relation to the Products, Platform and its services. 5.5. Vendilicious does not assume any responsibility or liability for the actions, products, and content of any of the third-parties including any other users of the Platform. To the extent permitted by applicable law, Vendilicious disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alterations or use of records on the Platform. 5.6. Vendilicious is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms from/ available on the Platform, you are doing so entirely at your own risk and expense. 5.7. No advice or information, whether oral or written, obtained from Vendilicious or through the Platform, will create any warranty by Vendilicious under this Terms of Use not expressly made herein.
6. USER WARRANTIES AND RESTRICTIONS
6.1. You represent and warrant that: (a) your use of the Platform will not violate any applicable law or regulation; (b) all information that is submitted to Vendilicious, if any, in connection with the Platform is true, accurate and lawful. 6.2. You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform or use the Platform for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. 6.3. You will not use any portion of the Platform (including the contents on the Platform) for any personal purpose without express prior written permission from Vendilicious or copy, store or otherwise access or use any information contained on the Platform for purposes not expressly permitted by these Terms of Use. 6.4. You will not: (a) delete or modify any content on the Platform; (b) use any engine, software, tool, agent, automated scripts or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform or scrape for any information available on the Platform; (c) make false or malicious statements against the Products, Content, Platform or Vendilicious; (d) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform; (e) probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture; (f) hack into or introduce malicious software of any kind onto the Platform; (g) gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the products are stored, or any other server, computer, or database connected to the Products; or (h) engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet or when accessing the Platform or in relation thereto; (i) engage in circumventive, abusive or harassing behavior in any area or aspect of our Platform; (j) systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like; (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform (l) advocate, encourage, or assist any third party in doing any of the foregoing. 6.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that: (a) belongs to another person and to which you do not have any right; (b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; (c) harms minors in any way; (d) infringes the rights of Vendilicious or the rights of any other person or entity, including without limitation, their intellectual property, including without limitation any patent, trademark, copyright or other proprietary rights, privacy, publicity or contractual right; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (g) impersonates another person. 6. USER WARRANTIES AND RESTRICTIONS 6.1. You represent and warrant that: (a) your use of the Platform will not violate any applicable law or regulation; (b) all information that is submitted to Vendilicious, if any, in connection with the Platform is true, accurate and lawful. 6.2. You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform or use the Platform for fraudulent purposes, or in connection with a criminal offense or other unlawful activity. 6.3. You will not use any portion of the Platform (including the contents on the Platform) for any personal purpose without express prior written permission from Vendilicious or copy, store or otherwise access or use any information contained on the Platform for purposes not expressly permitted by these Terms of Use. 6.4. You will not: (a) delete or modify any content on the Platform; (b) use any engine, software, tool, agent, automated scripts or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform or scrape for any information available on the Platform; (c) make false or malicious statements against the Products, Content, Platform or Vendilicious; (d) post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform; (e) probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture; (f) hack into or introduce malicious software of any kind onto the Platform; (g) gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the products are stored, or any other server, computer, or database connected to the Products; or (h) engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet or when accessing the Platform or in relation thereto; (i) engage in circumventive, abusive or harassing behavior in any area or aspect of our Platform; (j) systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like; (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform (l) advocate, encourage, or assist any third party in doing any of the foregoing. 6.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that: (a) belongs to another person and to which you do not have any right; (b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; (c) harms minors in any way; (d) infringes the rights of Vendilicious or the rights of any other person or entity, including without limitation, their intellectual property, including without limitation any patent, trademark, copyright or other proprietary rights, privacy, publicity or contractual right; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (g) impersonates another person.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1. You agree to indemnify, defend and hold harmless Vendilicious, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any misuse of the Platform including but not limited to fraudulent transactions, any and all third- party claims, losses, liabilities, damages, abuse and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, violation of these Terms of Use and/or breach of your representations and warranties, or infringement of any intellectual property or other rights of Vendilicious or any third-party. Vendilicious will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Vendilicious with reasonable assistance, in defending any such claim, loss, liability, damage, or cost. 7.2. To the fullest extent permitted by law, in no event shall Vendilicious or any of its directors, officers, employees, agents or service providers (collectively, the “Vendilicious Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, remote or punitive damage, including, but not limited to damages for loss of opportunity business or loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use the Platform or any content thereof, materials and functions related thereto, provision of information via the Platform, even if such Vendilicious Representatives have been advised of the possibility of such damages. 7.3. In no event shall Vendilicious Representatives be liable for: (a) any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or (b) any other matter relating to the Platform. 7.4. Vendilicious is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Vendilicious is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform. 7.5. Vendilicious hereby disclaims any and all liability with respect to any claims that may arise in respect of your use of the Platform. None of the directors, officials or employees of Vendilicious shall be personally liable for any action in connection with the Platform.
8. TERM, TERMINATION, SUSPENSION AND OTHER MEASURES
8.1. Term: These Terms of Use shall be effective from the date of their publication on the Platform. 8.2. Termination for breach, suspension and other measures: Vendilicious reserves the right to refuse, suspend or terminate your access to the Platform in the event : (1) of your breach of any terms contained in these Terms of Use or our Privacy Policies, including but not limited to any breach of your warranties, obligations outlined in these Terms of Use; (2) of any unlawful activity by you or you have violated applicable laws, regulations or third party rights; or (3) Vendilicious believes in good faith believes that such action is reasonably necessary to protect the safety or property of other users of the Platform, Vendilicious or third parties, for fraud prevention, risk assessment, security or investigation purposes.
9. EXTERNAL SITES
9.1. Although the Platform may contain links to or the ability to share information with third-party websites ("External Sites"), Vendilicious does not endorse any External Sites. Vendilicious is also not responsible for the content of or made available from any External Sites and does not make any representations regarding the content on or from such External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of service and privacy policies, and your use of those External Sites will be governed by and subject to such terms of service and privacy policies. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on such External Sites or the terms governing your use of such External Sites. 9.2. If you decide to access any External Sites, purchase any content from External Sites, or subscribe to services offered by such External Sites, then you do so at your own risk. You agree that Vendilicious will have no liability to you arising from your use or interaction with any External Sites.
10. WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Vendilicious. Any consent by Vendilicious to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
11. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. Vendilicious and you shall endeavor to amicably, through discussions, settle and resolve any dispute or difference arising out of or in relation to this Terms of Use (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of such failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to be conducted by a sole arbitrator, who shall be jointly appointed by Vendilicious and You from the panel of available e-arbitrators. All arbitration proceedings may be conducted through mode available on the internet or any other information and communication technology (including but not limited to video call system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve disputes. All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and Conciliation Act, 1996. The language of Arbitration shall be English. The arbitral award shall be final and binding on Vendilicious and you. The award may include costs, including reasonable advocates’ fees and disbursements, as awarded by arbitrator. 12.2. These Terms of Use, all transactions consummated between Vendilicious and you, and the relationship between Vendilicious and you are governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13. ANTI-BRIBERY/ANTI- CORRUPTION
You will comply with all applicable anti corruption laws, including, to the extent applicable and any other Indian law including Indian Penal Code, 1860 and Prevention of Corruption Act, 1988. You will not, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any official or employee of any government, government agency, political party, or public international organization, or any candidate for political office in relation to your use of the Platform for any reason whatsoever and/ or pursuant to this Terms of Use. You will not retaliate against anyone who has, in good faith, reported a possible violation of this clause or refused to participate in activities that violate this clause to the extent prohibited by applicable law.
14. AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms of Use, as published on the Platform.
15. MISCELLANEOUS
15.1 Unless otherwise specifically agreed, these Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Vendilicious, if any, for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by Vendilicious shall be limited to the scope of these Terms of Use. 15.2 You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
16. GRIEVANCE REDRESSAL
You may submit any grievance with respect to the Platform, including with respect to any abuse on the Platform including any discrepancies or grievances with respect to access or usage of the Platform in violation of these Terms of Use by any person, to Jitendra Suralkar at email: dr.jitendravs@vasulata.in