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Terms and Conditions
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TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.duavivo.in website and app.

Your use of DuaVivo {including www.duavivo.in (hereinafter referred to as "Website"),App and related sites, services and tools} is governed by the following terms and conditions as applicable to the Website. www.duavivo.in provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement").

DuaVivo is a project owned and managed by OCI Lifestyles Private Limited, a company incorporated under Companies Act, 1956 with registered office at No.23, 3 rd Floor, MES Road, Bahubali Nagar, Jalahalli Village, Bangalore– 560013, Karnataka (India).

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions, rules, policies, guidelines referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including withoutlimitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

‘You’ shall also mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data(as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website and accepted this electronic version/ electronic record of the User Agreement.

 

Amendments:

DuaVivo may amend this User Agreement and/or DuaVivo Rules and Policies at any time by posting a revised version on the Website. If DuaVivo makes a material change DuaVivo will notify You here, by email, by means of a notice on our home page, or other places DuaVivo deems appropriate. What constitutes a "material change" will be determined at DuaVivo's sole discretion, in good faith, and using common sense and reasonable judgement.

 

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

Age: If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell or purchase any items on the Website. As a minor if you wish to purchase or sell an item on the Website, your legal guardian or parents who have registered as users of the Website may make such purchase or sale.DuaVivo reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to DuaVivo’s notice or if it is discovered that you are under the age of 18 years.

DuaVivo may, in its sole discretion, refuse to offer access to or use of the Site to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

 

2. Registration Compliance and Your Account

Obligations

1. You agree to provide, maintain and update the data to keep it true, accurate, current and complete information about yourself as prompted by DuaVivo's registration form,profile generation and shop set-up.

2. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by DuaVivo's policies as stated in the Agreement, which is incorporated herein by reference, and DuaVivo may update each of which from time to time without notice to you.

Password:

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify DuaVivo of any unauthorized use of your password or any breach of security. You also agree that DuaVivo cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

Account Transfer:

You may not transfer or sell your DuaVivo account and User ID to another party.

Right to Refuse Service: DuaVivo's services are not available to temporarily or indefinitely suspended DuaVivo members. DuaVivo reserves the right, in DuaVivo's sole discretion, to cancel unconfirmed or inactive accounts. DuaVivo reserves the right to refuse any of its service to anyone, for any reason, at any time.

 

3. Electronic Communications

When You use the Website or send emails or other data, information or communication to DuaVivo, You agree and understand that You are communicating with DuaVivo through electronic records and You consent to receive communications via electronic records from DuaVivo periodically and as and when required. DuaVivo will communicate with You by email or electronic records on the DuaVivo Website which will be deemed adequate service of notice / electronic record.

 

4. DuaVivo is a Platform.

DuaVivo acts as a platform to allow users who comply with DuaVivo's policies to sell,buy and swap pre-owned high-end luxury goods. The Website is only a platform through which Users can reach a larger base to buy and sell items. DuaVivo is not directly involved in the transaction between buyers and sellers unless the user opts for any of the value added services (hyperlink) offered by DuaVivo. As a result, DuaVivo has no control over the quality, safety, morality or legality of any aspect of the items listed,the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. DuaVivo does not pre-screen users or the content or information provided by users. DuaVivo cannot ensure that a buyer or seller will actually complete a transaction. DuaVivo is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

Consequently, DuaVivo does not transfer legal ownership of items from the seller to the buyer.

DuaVivo does not make any representation or Warranty as to the attributes(such as functionality, quality, authenticity, worth, marketability, etc.) of the items proposed to be sold or offered to be sold or purchased on the Website, Apps or Stores. The products listed on DuaVivo are in "As is" condition and it is the buyer's responsibility to ensure the product is in satifcatory condition before he/she decides to make the purchase. DuaVivo does not entertain any repairs/services.

DuaVivo shall not and is not required to mediate or resolve any dispute or disagreement between Users.

DuaVivo cannot guarantee the true identity, age, and nationality of a User. DuaVivo does not make any representation or warranty as to the attributes(such as legal title, creditworthiness, true identity, age, nationality etc.) of any of its Users. You are advised to independently verify the bona-fides of any particular User that you choose to deal with on the Website and use your best judgement in that behalf.

You agree that DuaVivo is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on DuaVivo. You use the DuaVivo Direct mode at your own risk.

 

5. Fees and Services

Consignment Fee:

 

Final Selling Price (per product) Fee Charged by DuaVivo (per product)
               ₹ 5,000 and below                        ₹ 1,000/- flat rate
              ₹ 5,001 –  ₹ 10,000                        ₹ 2,000/- flat rate
                 Above  ₹ 10,000                  20% of final selling price


You are responsible for paying all fees and applicable taxes associated with using DuaVivo. DuaVivo reserves the right to change its Fee from time to time. In particular, DuaVivo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. Changes to the Fee shall be posted on the Website and such changes shall become effective from the date posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).

Termination: DuaVivo reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website or also take legal action in case of fraudulent behavior or as and when any such situation may arise

 

This document confirms your consignment with DuaVivo (OCI Lifestyles Pvt. Ltd.). Hereby, the seller would be referred to as the Consignor and the company, the Consignee. Confirmation of the consignment is subject to the below mentioned points.

Confidentiality: DuaVivo assures the consignor complete confidentiality of their identity and information while transacting through the consignment mode.

Authentication: You, as a Consignor, attest to the authenticity of all agreed upon items, and you confirm that you have not knowingly attempted to resell counterfeit or fake products to/on www.duavivo.in (portal or app).

DuaVivo does not and will not entertain the entry of any counterfeit or fake products in any manner on the portal and thus, reserves the right to initiate any legal proceedings.

Ownership: Consignor attests that they have the legal title to, are in legal possession of, and have no liability whatsoever attached to any or all products that DuaVivo is entitled to sell on behalf of them.

Termination: The Contract stands terminated: (i) if the seller wishes to remove his/her listing and the product is removed from the portal, or (ii) on the sale of the product.

Unsold products requested back by the seller within 3 months of the consignment period, will be shipped back subject to a penalty fee of Rs. 4,000 per item, paid by the seller to DuaVivo. After completion of 3 months, unsold products requested back by the seller, will be shipped back subject to a service fee of Rs. 1,300 per item. This amount is towards costs incurred by DuaVivo in authentication, spa, photography, logistics, packaging, marketing, etc. of the item. The product returned to the seller will be a thoroughly spa-cleaned one.

In case the item is not sold within 3 months of the consignment period, despite all efforts by DuaVivo:
1. The selling price of item(s), and consequently the net income of the seller, will automatically get reduced by 20%. The product will be listed under "Hot Deals" automatically. The listing under "Hot Deals" is valid until either the item gets sold or the seller opts for a return of the product. There is no lock-in period for this.
2. The seller can alternatively opt for a return of their item(s), on full payment of a fee of Rs. 1,300 per product towards the operational and marketing expenses incurred on the product.

DuaVivo will be entitled to a consignment fee of up to 30%.

DuaVivo is responsible and authorized to take all necessary steps to sell your product on www.duavivo.in and the DuaVivo App & store. This includes writing the descriptions, highlighting the effects and uploading photographs of the product and also display at the store. No prior permission for the sale will be taken from the consignor.

PLEASE NOTE: Consignment does not mean “sale” of the item. In other words, you the Consignor, legally give the rights to DuaVivo to sell your Product. Until it is sold on our portal, the product is the property of the Consignor.

The legal ownership is transferred to the Buyer of the item on the day the product is purchased and shipped to the Buyer and the Consignor is notified.

Payment: The payment will be scheduled within 3 Working days of successful sale of the product through online Bank transfer, subject to all details being furnished by the consignor to facilitate the payment. Payment to Consignor will be made via online transfers, NEFT/RTGS, bank deposit only. Self cheque/ Cash in hand will not be given by DuaVivo.

Value Added Services:

DuaVivo offers the following Value Added Services (“VAS”) (Hyperlink) at a predetermined cost. The user needs to be a registered member to avail any of the VAS offered.

DuaVivo reserves the right to change its Fee for VAS from time to time. In particular,DuaVivo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, DuaVivo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee shall be posted on the Website and such changes shall become effective from the date posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).

You are responsible for paying all fees and applicable taxes associated with using DuaVivo.

Termination: DuaVivo reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website or also take legal action in case of fraudulent behavior or as and when any such situation may arise.

 

6. Listing and Selling

Listing Description and Pricing: By listing an item on the Site you warrant that you and all aspects of the item comply with DuaVivo’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item in your listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/ items for sale in that listing. Contact details like phone number, email id of the buyer would be shared with the seller by DuaVivo.

You must ensure that the listed items do not infringe upon the intellectual property,trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. All listed items must be kept in stock for successful fulfillment of sales.

If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. DuaVivo reserves the right to delete such multiple listings of the same product listed by you in various categories.

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

 

Prohibited Items Policy

a. We specifically prohibit any listing or posting of classifieds or information in relation to the following items:

1. Alcoholic beverages, liquor, tobacco products, drugs, psychotropic substances,narcotics, intoxicants of any description, medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.

2. Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts

3. Prostitution or any other service in the nature there of that purports to violate the provisions of Immoral Act or Indecent representation of women which violates the contemporary standards of morality and decency in Indian society

4. Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group

5. Mature Audiences Policy includes films which do not have a certificate for public exhibition issued by the Central Board of Film Certification and or described anddepict or otherwise deal with matters which are revolting or repulsive and or tend to deprave a person's mind in such a way that they tend to offend against the standards of morality, decency and propriety generally accepted by reasonable adults.

6. Obscene items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; Any publication or film or item that describes or depicts a minor who is, or who appears to be, under 18 (whether the minor is engaged in sexual activity or not) and any computer games not suitable for minor that are unsuitable for a minor to see or play.

7. Offensive Material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.

8. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").

9. Information or items that are defamatory, libelous, threatening or abusive in nature.

10. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.

11. Counterfeit, pirated and stolen goods or unauthorized illegal services(services for which you are not licensed or permitted to do or do not have the authority to undertake).

12. Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purport's to breach any persons right to privacy.

13. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system with the intent to damage a computer or computer network or intercept any personal data.

14. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any user’s individuals and or animals.

15. Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.

16. Fireworks, destructive devices and explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.

17. Identity documents, personal financial records & personal information (in any form, including mailing lists)

18. Lottery Tickets, Sweepstakes Entries and Slot Machines

19. Items in violation of the Food Adulteration Act, 1954

20. Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002

21. Weapons and related items(such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959.

22. "Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.

23. Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at home" scams which are solely listed for the purpose of duping users).

24. Inappropriate, wrong category( (e.g. watch listed as jewellery).

25. Incorrect city / location of Listing (listing allowed only in the city you are based in,of listing)

26. International Listings.

b. Without prejudice to the generality of the above, DuaVivo does not permit posting or listing of classifieds in relation to the following:

1. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description

.2. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)

 

c. Your listing, information, advertisement. 1. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. Further shall not be fraudulent, misrepresenting, misleading or pertain to the sale of any illegal, counterfeit, stolen goods and or services which do not belong to you or you do not have the authority for. Further still shall not infringe any intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy of any third party. 2. Shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. 3. Shall not be allowed to libel anyone or include hate, derogatory, slanderous speech directed at individuals or groups. You should not advocate violence against other users or individuals or groups. 2. In addition to the above and for the purposes of clarity all Users shall be expected to adhere to and comply with the following Policies while listing of items: 1. Restricted Item Policy: In addition to the above prohibited items policy users shall also adhere to and comply with the restricted items policy while listing, posting or providing information in relation to any goods or services. Consequences of Breach of Listing Policy Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions 1. Suspension or termination of membership. 2. Permanent blocking of access to the site. 3. Reporting to Law Enforcement or Appropriate Authorities.

From time to time, You shall be responsible for providing information relating to the items listed by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items so as to mislead other Users in any manner.

Sales: The seller is obligated to complete the transaction with the buyer in a prompt manner. DuaVivo shall not and is not required to mediate or resolve any dispute or disagreement between Users.

 

7. Buying

Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or there if a seller defaults in any way with the product listed or in the delivery of the same.

As a buyer, you must ensure that you are legally able to buy any item that you purchase on the site.

DuaVivo is not responsible for the side effects one might endure by use of any item bought through the Website.

DuaVivo encourages you to post feedback on the seller after the sale is closed and product is delivered.

DuaVivo takes necessary steps to ensure that the seller is genuine but cannot guarantee the functionality, quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions.

DuaVivo strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid.Willfully entering erroneous or fictitious purchases may result in legal action by DuaVivo.

Please be aware that even if you do not give DuaVivo your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You.

 

8. Payment

The transaction is to be settled between the buyer and the seller at their own discretion. DuaVivo’s involvement is restricted to the services availed by the buyer or the seller.

 

9. Precision Not Assured

We hereby do not assure the exactness as to the finish and appearance of the final product as proposed by the Seller and also as purchased by the buyer. The quality of any products, services, information, or other material purchased or obtained by you through the Site may or may not meet your expectations.

 

10. No Guarantee

DuaVivo does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside DuaVivo's control.

 

11. No Warranty

DuaVivo and its suppliers, affiliates and service providers offer the Website and services without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website at your risk.

 

12. Logistics

We recommend that you arrange for pickup/ delivery of your product(s). If at all you want us to do the pickup/ delivery, the same can be organised by us with a reputed logistics company. Nevertheless, risk of any damage, theft, etc, during transit is not the responsibility of DuaVivo and it is at your own risk. 
 

13. Your Information and Content

"Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

1. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

2. DuaVivo does not claim ownership rights in your Content. You grant DuaVivo a license solely to enable DuaVivo to use any information or Content you supply DuaVivo with, so that DuaVivo is not violating any rights you might have in that Content. You grant DuaVivo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content.You agree to allow DuaVivo to store or re-format your Content on DuaVivo and display your Content on DuaVivo in any way as DuaVivo chooses. DuaVivo will only use personal information in accordance with DuaVivo's Privacy Policy (link).

3. As part of a transaction, you may obtain personal information, including email address and phone number, from another DuaVivo user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for DuaVivo-related communications. DuaVivo has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any DuaVivo user to your email or physical mail list. For more information, see DuaVivo's Privacy Policy.(link)

4. By posting Content on DuaVivo, it is possible for an outside website or a third party to re-post that Content. You agree to hold DuaVivo harmless for any dispute concerning this use.

5. DuaVivo considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non- confidential and non-proprietary, and DuaVivo shall not be liable for the disclosure oruse of such Material. If, at DuaVivo's request, any member sends Material to improve the site (for example through the Forums or to customer support), DuaVivo will also consider that Material to be non-confidential and non-proprietary and DuaVivo will not be liable for use or disclosure of the Material. Any communication by you to DuaVivo is subject to this Agreement. You hereby grant and agree to grant DuaVivo, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use,publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

 

14. Control of Content:

DuaVivo does not control the Content provided by users that is made available on DuaVivo. You may find some Content to be offensive, harmful, inaccurate, or deceptive.There are also risks of dealing with underage persons or people acting under false pretense. Please use caution, common sense, and practice safe buying and selling when using DuaVivo.

DuaVivo is not responsible for the availability of outside websites or resources linked to or referenced on the Site. DuaVivo does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that DuaVivo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

15. Breach

Without limiting other remedies, DuaVivo may limit your activity, immediately remove your information, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

1. If DuaVivo suspects a User has breached the User Agreement or Privacy Policy or the documents, agreement rules, policies, terms and conditions these incorporated herein by reference;

2. If DuaVivo is unable to verify or authenticate any information you provide; or

3. If DuaVivo believes that a user is acting inconsistently with spirit of DuaVivo's policies, has engaged in improper or fraudulent activity in connection with DuaVivo or the actions may cause legal liability or financial loss to DuaVivo's users or to DuaVivo.

DuaVivo may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with DuaVivo or use the Website in any manner whatsoever until such time that such User is reinstated by DuaVivo. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, DuaVivo reserves the right to recover any amount due and owing by you to DuaVivo and to take strict legal action.

 

16. No Agency

You and DuaVivo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You shall have no authority to bind DuaVivo in any manner whatsoever.

 

17. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.(link) We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. If you object to Your Information being transferred or used in this way please do not use the Website.

 

18. Tax Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and any DuaVivo service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to anypurchases or sales of items you make on the Site (excluding taxes on DuaVivo's net income).

 

19. License:

Subject to these terms of Service Agreement , we grant you a personal, non-transferable and non-exclusive, revocable, limited right and license to access and use the contents of this site and services; provided that this site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, modified, a derivative work of the site is created, reverse engineered, reproduced, reassembled, republished, uploaded, posted, transmitted, or distributed in any way, or otherwise any attempt to discover the source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the usage of this site and services , unless such activity is expressly permitted or required by law or has been expressly authorized in advance by us in writing except that you may download, display, and print one copy of the materials on any single computer solely for your personal use, and further provided that you keep intact all our copyright, trademark, and other proprietary notices.

 

20. Proprietary Rights Including Copyright And Trademarks

All Copyrights, Trademarks used or referred to in this site are our sole and absolute property.

 

21. Indemnity

You shall indemnify and hold harmless DuaVivo and (as applicable), affiliates, third-parties and their respective officers, directors, 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 the User Agreement, DuaVivo Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

 

22. Limitation of Liability

In no event shall DuaVivo or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, includingbut not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).

DuaVivo's liability in any circumstance is limited to the amount of fees, if any, paid by you to DuaVivo. DuaVivo, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics,links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently,DuaVivo assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which are incorporated by way of reference in this Agreement.

2. Any interruption or errors in the operation of the Website. You expressly understand and agree that DuaVivo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DuaVivo has been advised of the possibility of such damages).

 

23. General

Unless otherwise explicitly stated, notices to DuaVivo must be sent by mail or email to OCI Lifestyles Private Limited, a company incorporated under Companies Act, 1956 with registered office at No.23, 3 rd Floor, MES Road, Bahubali Nagar, Jalahalli Village, Bangalore – 560013, Karnataka (India) or hello@DuaVivo.in. Notices to you will be sent to the email address or mail provided by you during the registration process.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform DuaVivo of the same.This Agreement sets forth the entire understanding and agreement between You and DuaVivo with respect to the subject matter hereof.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to DuaVivo.

 

24. Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Bangalore.

 

25. Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.