Terms & Conditions

VIDNITY Limited (the “Company”, “we”, “us”, “our”, VIDNITY) owns and operates a website i.e. https://vidnity.in/ including its mobile applications, subdomains and Google assistant bot (the “Website/VIDNITY.in”) that allows users to use the website. These terms and conditions (“Terms”) shall govern the use or access to the Website and Services (as defined below). If these Terms of Use are inconsistent with any other Service Terms specific to any service or offer made available by VIDNITy.in, those Service Terms will supersede to the extent of such inconsistency with respect to the applicable Service made available by Vidnity.

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. Your use of this website signifies assent of the Term of use.

Contents :

Terms and conditions of sale :

You agree and acknowledge that Vidnity is an online platform whereby you can purchase the products listed on Vidnity at the given price(s) at any time from the serviceable locations. Except where we are the seller of the relevant product on Vidnity, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Vidnity. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Vidnity.

Competent to Contract

In order to use and access Vidnity, you must be 18 years of age or older, of sound mind, and not disqualified from entering into contracts in any way by any law. In case of minor, i.e. under the age of 18 years, you may use the Platform or access content on the Platform under Parental guidance.

Usage of your Account

For using Vidnity and availing of the Services, you will have to create an account on Vidnity. You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Vidnity account at any time. The credentials shared by you for registration and your Vidnity login ID and password are referred to as “Your Account Information”.

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

That You agree to immediately inform VIDNITY of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. VIDNITY will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to VIDNITY or any other user due to unauthorized use of their account, resulting from your failure to keep Your Account Information safe, secure and confidential. We reserve the right to refuse access to Vidnity, terminate accounts, remove or edit content at any time without notice to you.

License and Access to platform

4.1. Your use of Vidnity, the Services, and access to the Vidnity Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Vidnity. You will use Vidnity solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business/commercial purposes.

4.2. The license granted to you does not include a license for:

(a) resale of Products or commercial use of Vidnity or Vidnity Content,

(b) any collection and use of product listings, description, or prices,

(d) any downloading or copying of Your Account Information,

(e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Vidnity,

(f) creating and/ or publishing your own database that features parts of Vidnity.

Communication

5.1. You understand that once you have shared your Your Account Information and successfully registered on Vidnity, you may receive SMS or email notifications from VIDNITY relating to your registration and transactions on Vidnity.

5.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on Vidnity from time to time. By sharing your Your Account Information and registering on Vidnity and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

5.3. VIDNITY may also send notifications and reminders with respect to the Services on Vidnity. While VIDNITY endeavors to provide these notifications and reminders to you promptly, VIDNITY does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

5.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from VIDNITY at any time by following the instructions set out in such communications.

Your Privacy

While registering on Vidnity and using it or using the Services, VIDNITY may collect and store, and/or you may provide VIDNITY with, personally identifiable and sensitive information about you, including your name, phone number, email address, address, postal code, and login credentials.

We respect the sensitivity of your information and thank you for trusting us with it. This is why VIDNITY has formulated the Privacy Policy, which constitutes an integral part of these Terms of Use, which sets forth the manner in which your information is collected, stored, processed, used and disclosed by VIDNITY. Please do not use or access Vidnity or avail of our Services if you object to the terms of our Privacy Policy. Please refer to the Privacy Policy for more information.

Content

7.1. Content on Vidnity or other Services, including text, graphics, images, logos, button icons, software code, interface, design, and the collection, arrangement and assembly of those contents (“Vidnity Content”), are the property of VIDNITY or one of its affiliates (“Vidnity Content”), and are subject to copyright, trademark, and other applicable laws. Additionally, in relation to Vidnity, all trademarks, service marks, trade names, and trade secrets are proprietary to VIDNITY.

7.2. VIDNITY may display on Vidnity any third-party logos, trade names, trademarks of other brands, as per the license granted to VIDNITY by such brands.

7.3. No information, content or material from Vidnity (including the Vidnity 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 VIDNITY’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 VIDNITY and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing VIDNITY’s or its affiliates’ names or trademarks without the express written consent of VIDNITY and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

Disclaimer

8.1. VIDNITY will try to make access to and use of Vidnity error-free and without interruptions. Vidnity access may occasionally be restricted or suspended to allow for repairs, maintenance, or to introduce new facilities or services. If you experience any access or usage problems due to internet related issues, VIDNITY will not be responsible.

8.2. The third party information on Vidnity, including seller information, and the products listed by them (” Third Party Information”), are provided only for your reference. The Third Party Information is not endorsed by VIDNITY as an intermediary under applicable laws, and VIDNITY is not liable for any errors and representations nor associated with the Third Party Information.

8.3. Vidnity may contain user generated content which VIDNITY does not pre-screen and which contains views that may be opinions of users/ experts. VIDNITY will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). VIDNITY does not promise that the user generated content on Vidnity is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

8.4. To help you in identifying the products of your choice, description of the products are provided on Vidnity by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.

8.5. The Services included on Vidnity are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. VIDNITY does not covenant or provide any representations and warranties:

in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on Vidnity;
that the Services will be made available at all times;

iii. that the operation of Vidnity, including the functions contained in any content, information and materials on Vidnity or any third-party sites or services linked to Vidnity will be uninterrupted, or that the defects will be rectified, or that Vidnity or the servers that make such content, information and materials available are free of viruses or other harmful components; and

that the VIDNITY Store Content available on VIDNITY Store is complete, true, accurate or non-misleading.

8.6. Parties other than VIDNITY and its affiliates may operate stores, provide services, or list or sell product lines on Vidnity. 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 made available by them. VIDNITY does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on Vidnity is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

8.7. To the extent permitted by applicable law, VIDNITY 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, unauthorised access, theft, destruction, alteration or use of records on Vidnity.

8.8. VIDNITY 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, you are doing so entirely at your own risk and expense.

Warranties & Restrictions

9.1. You will use Vidnity for lawful purposes only, and will not undertake any activity that is harmful to Vidnity or its content or otherwise not envisaged through Vidnity. You have a limited license to access and use Vidnity, solely for the purpose of availing the Services, subject to these Terms of Use.

9.2. The use of the Platform by you is restricted to personal use only, and you will not use any portion of Vidnity (including the contents on the Platform) or Services for any resale or commercial purpose.

9.3. You will not do any of the following:

Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Vidnity;
Make false or malicious statements against the Services, VIDNITY Store or VIDNITY;

iii. Introduce any trojans, viruses, any other malicious software, any bots or scrape Vidnity for any information;

Indemnification and Limitation of Liability

10.1. You agree to defend, indemnify and hold harmless VIDNITY, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

Your use of and access of the Application/Website/Services;
Your violation of any term of these Terms or any other policy of the Company;

iii. Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or

any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

10.2. In no event shall VIDNITY, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

10.3. None of the directors, officials or employees of VIDNITY shall be personally liable for any action in connection with Vidnity or the Services.

Termination

In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

VIDNITY reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if VIDNITY is unable to verify or authenticate any information submitted by you.

You may terminate these Terms of Use at any time, provided that you discontinue any further use of Vidnity or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Vidnity, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

Force Majeure

In the event that VIDNITY is unable to fulfil its obligations due to any cause beyond its reasonable control, VIDNITY will not be liable.

Waiver

Unless VIDNITY has waived or consented in writing, no provision in these Terms of Use will be deemed waived or excused. Whether expressed or implied, VIDNITY’s consent to or waiver of your breach, will not constitute consent to, or waiver of, subsequent breaches.

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.

Grievance Redressal

Our Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact us at:

Name: Poojashree P
E-mail ID: officer@Vidnity.live
Contact Number: +91-8448982616 / +91-8448333502
Address: Noida One, 1st floor, Industrial Area, Sector 62, Noida, Uttar Pradesh 201309

Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi and You hereby accede to and accept the jurisdiction of such courts.

Amendment

The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice. You are requested to regularly review the Terms of Use as available on Vidnity. Your relationship with Vidnity will be governed by the most latest version of these Terms of Use, as published on Vidnity.

Miscellaneous

You agree that these Terms of Use supersede any previous oral or written terms or conditions (if any) which VIDNITY previously provided to you regarding use of Vidnity, and that any rights and liabilities of VIDNITY with respect to any Services shall be limited to this document.

Terms and conditions of sale

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between VIDNITY (“we”, “us” or “our”) on the portal https://store.Vidnity.live/ and its corresponding mobile application (collectively, “Vidnity”) and you (“you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through Vidnity. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

Vidnity’s Terms of Sale are in addition to its Service Terms, Privacy Policy, Terms of Use, and all other policies. According to applicable law, these Terms of Sale are electronic records. No physical or digital signature is required to create this electronic record because it is generated by a computer system.

Sale

1.1. You are invited to make an offer for purchase of a Product listed and displayed by us on Vidnity. By placing an order on Vidnity, you are offering to purchase the Product(s).

1.2. When you place an order with VIDNITY for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). An Order Confirmation is merely an acknowledgment of your order and does not constitute an acceptance.

1.3. If you order a Product from us, we will only accept your offer and conclude the contract of sale when we ship or dispatch the Product to you and send you an e-mail confirmation (the “Shipment Confirmation“). Any order may be refused or cancelled by us at our discretion for any reason before we send you a Shipment Confirmation.

1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose.

1.6. If you wish to cancel your order for a Product before we send the Shipment Confirmation, you can do so at no charge.

1.7. Your order will be accepted by Vidnity as long as the Product is available, we accept your offer, and you remain in compliance with these Terms of Sale.

Return and Refund

Please review the Returns Policy and Refund Policy of Vidnity, which applies to Products sold by us. VIDNITY Foundation donation amount is non-refundable.

Product Availability

We list availability information for the Products on the relevant webpage of Vidnity. Beyond what we say on that webpage or otherwise on Vidnity, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.

Product Pricing

4.1. We list all prices in Indian Rupees. The displayed price includes all applicable taxes.

4.2. When you add a product to your shopping cart from Vidnity, it will reflect the most recent price as displayed on the product’s information page. Please note that this price may differ from the one shown when the Product was first added to your shopping cart. You do not reserve the price shown when you place a product in your shopping cart. The price of a Product may also decrease between when it is placed in your shopping cart and when it is ordered.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

Competent to Contract

In order to enter into legally binding contract as per Indian Contract Act, 1872, you must be 18 years of age or older, of sound mind, and not disqualified from entering into contracts in any way by any law. In case of minor, i.e. under the age of 18 years, you may purchase the product only with the involvement of a parent or guardian.

Limitation of Liability

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

Amendments

VIDNITY reserves the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Waiver

No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent 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.

Miscellaneous

Unless otherwise agreed, these Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us for the purchase of Product.

Force Majeure

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

Governing Law and Dispute Resolution

You agree that these Terms of Sale, all transactions undertaken between us, and the relationship we have with you are governed by the laws of India, without reference to any conflict of laws principles, and with exclusive jurisdiction over the courts in New Delhi