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LifeViva is a transparent and ethical company and expects that its ethics and values are intentionally upheld all across. LifeViva is bound by the relevant law of the land.

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Life Viva Wellness Pvt. Ltd.
TERMS & CONDITIONS PRIVACY GRIEVANCE Anti-Corruption and Anti bribery Policy

Anti-Bribery and Corruption Policy

Life Viva Wellness Pvt. Ltd.


1.Statement of Policy

Life Viva Wellness Pvt. Ltd. and its subsidiaries, affiliates and any other investments for the purpose of this policy are collectively referred to as “Life Viva” or “the Company”. Life Viva is committed to maintain the highest level of professional and ethical standards in the conduct of its business in India and such other countries, where it may have its operations directly or indirectly through its partners, affiliates or associates.

The Company has a zero tolerance for bribery and corruption in any form, whether directly or indirectly through a third party.

This Anti-Bribery and Anti-Corruption (ABAC) Policy (hereinafter referred to as “Policy”) lays out the spirit and guiding principles for all stakeholders (as defined in Para 3 (ix)) to ensure compliance with the applicable laws, rules and regulations.

The Company is committed to uphold all such laws and regulations, as may be applicable, in every jurisdiction where it has its operations.

2.Scope & Applicability

The Company expects all the stakeholders, to adhere to Life Viva’s ABAC Policy. This policy applies to all dealings, transactions and expenses for and/or on behalf of Life Viva.

This policy is applicable to all stakeholders working for or acting on behalf of the Company or any of its subsidiaries, irrespective of their location, and such persons are required to read, understand and adhere to this policy.

3.Important Definitions

The following terms have been used in the Policy, however, it is imperative that one should seek guidance from the Compliance Officer whenever in doubt.

  1. Anything of Value: “Anything of Value” covers just about any form of benefit, which includes, but is not limited to:
    • Cash or cash equivalents (pre loaded cards, gift cards etc.), loans, gifts or prizes;
    • Employment offers or promises of future employment (to an individual or any of his/her relatives);
    • Favorable terms on a product or service or product discounts;
    • Entertainment/hospitality (payment of travel, hotel or restaurant bills, living expenses, or costs of trips or resort stays);
    • Use of vehicles or vacation homes;
    • Discounted or free premium tickets to events;
    • Services, personal favors, or home improvements;
    • Sponsorships;
    • Political or charitable donations
  2. Applicable Laws and Guidelines

    All national/ international laws relating to bribery and corruption that are in place where Life Viva and all its stakeholder(s) have or may carry out company-related work. Some of the laws and regulations which may be applicable to Life Viva, included but not limited to, are provided as below:

    Indian Laws

    • The Indian Penal Code, 1860
    • The Prevention of Corruption (Amendment) Act, 2018
    • The Integrity Pacts propounded by the office of the office of the Central Chief Vigilance Commissioner and which Integrity Packs forms part of the Bids/ Tenders of Public Sector Enterprises in India
    • Prevention of Money Laundering Act, 2002
    • The Benami Transaction (Prohibition) Act, 1988
    • The Whistle Blowers Protection Act, 2011
    • The Lokpal and Lokayukta Act, 2013
    • Any other laws and regulation(s) being applicable or required due to the nature of the transaction with the third party (ies) as amended and re – enacted from time to time

    International Organizations/ Conventions

    Some examples of the international laws and organizations/conventions with anti-corruption Ethics and Compliance of Business Policies, including but not limited to the ones listed below:

    • United States Foreign Corrupt Practices Act (FCPA)
    • United Kingdom Bribery Act 2010 (UKBA)
    • OECD (Organization for Economic Co-operation and Development)
    • United Nations Convention Against Corruption
  3. Bribe/Bribery: To “bribe” or “bribery” means directly or indirectly offering, promising, giving, accepting, authorizing, soliciting or acquiescing in the offer of ‘Anything of Value’ (which could be financial or non-financial), irrespective of location(s), in violation of applicable laws and regulations, to an individual, a government official(s) or a government entity(s), an employee of a commercial enterprise for the purpose of obtaining or retaining business, to win a business advantage, or to influence a decision regarding Life Viva, which also includes obtaining licenses or regulatory approvals, preventing negative government actions, reducing taxes, avoiding duties or custom fees, or blocking a competitor from bidding on business.

    Illustrative examples of bribe may include payment of cash, inflated commissions, fake consultancy agreements, unauthorized rebates/discounts, kickbacks, or expensive gifts. There is no materiality threshold amount for corrupt gifts or payments.

    Illustrative examples of illegal gratification are lavish or expensive gifts, payment of a country club membership fee, household maintenance expenses, payment of cell phone bills, payment of travel and entertainment expenses, offering of disguised trips to government official or their family members

  4. Corrupt Practice: Any offering, giving, receiving or soliciting directly or indirectly of ‘Anything of Value’ to influence improperly the actions of another party.

  5. Facilitation Payment: Any payment to a government official designed to secure or speed up any non-discretionary government action by a government official including “Routine government actions”. Some examples are:
    • Obtaining permits and licenses;
    • Processing passports, visas or work orders;
    • Obtaining police protection;
  6. Government Official: “Government/ Public Official”, for the purposes of this Policy, shall include:
    • An officer or employee, regardless of rank, of any national, provincial, regional or local government agency or department (whether domestic or foreign), including but not limited to police agencies, customs officials, local tax officials, issuers of government permits, approvals or licenses and/or immigration officials;
    • An officer or employee of any company, business or commercial enterprise or entity that is owned or controlled in whole or in part by any government;
    • A political candidate or a political party or any officer or employee of a political party;
    • An officer or employee of an inter-governmental international organization (such as the United Nations, World Bank, International Monetary Fund, International Olympic Committee, or African Union);
    • Any private person acting in an official capacity for or on behalf of any government or public international organization (an official advisor to the government or a consultant responsible for making procurement recommendations to a government);
    • It also includes every officer of court(s) or judicial body(ies) and judges;
    • Family members and close business associates of any of the individuals specified above. A family member of a Government Official includes a spouse, sibling, parent, or child of the Government Official. A close business associate of a Government Official includes all persons, who are current or former partners, co-owners, joint-venture partners, or co-investors with, or consultants or advisors to, or have any other common financial interest or significant personal relationship with the Government Official.
  7. Government/ Public Entity: Any agency, instrumentality, subdivision or other body of any national, state or local government including government committees or commissions and regulatory agencies or government-controlled businesses, corporations, companies or societies.
    Public entities include
    1. a municipal state, regional or national government entity or agency thereof;
    2. an entity that is wholly or partially owned by a government agency, such as a public hospital; or
    3. an inter-governmental international organization
  8. Stakeholders: Stakeholders refer to internal as well as external stakeholders.
    1. This includes internal stakeholder(s) like Life Viva’s member(s) of the Board, director(s) employee(s) including permanent; and fixed-term or contractual, or temporary, project trainee(s); temporary/ contractual staff.
    2. Third parties: The term third party includes any individual or entity including but not limited to a merchant(s), seller(s), consultant(s), vendor(s), donee, external stakeholder(s), intermediaries working or acting on behalf of and/or for Life Viva, and their representative(s), agent(s), employees of joint venture(s)/ subsidiary(ies)/ Governments official(s)/ agency(ies)/ society(ies), if any. Intermediaries means, and includes, any agent, service provider, consultant, lawyer, accountant, sponsor, customs brokers, freight forwarder, lobbyist, distributor, contractor, vendor, supplier, retainer, who is employed on a contract basis, or any other third party employed, engaged or retained to assist the Company in any function of the business that requires or involves interaction with any level of the government in any of the countries in which the Company operates. It also includes any third parties whose primary function is to obtain business or promote the distribution, marketing or sales of its products and services, facilitate performance of contractual obligations, or obtaining licenses, permits, and similar authorizations.

4.Prohibition on Bribery and Facilitation Payments

Life Viva prohibits bribery and facilitation payments in all forms. The Company strictly prohibits stakeholders to offer, promise to offer, accept, solicit, abet or authorize to a Corrupt Practice, pay bribe, illegal gratification, financial or any other advantage to any government official or entity, public servant, or to or from any private business partner, directly or indirectly to improperly influence their official acts or decisions, or to obtain or retain business for Company or for any other person or entity, or to secure any improper advantage, or personal gain.

Illustrative example: The following acts are prohibited under the Company:

  • Offering excessive discounts on company’s product to a government officer with an intention to seek favor or influence his decision.
  • Preferential treatments to vendors or sellers for product visibility, advertisement or discounts in return of unauthorized payments.
  • Quid pro quo (this for that) arrangement

5.Books, Records and Internal Controls

Life Viva mandates all stakeholders to prepare and maintain, detailed and accurate books and records for transactions, including cash and bank accounts, and maintain a system of internal controls and financial accounting with adequate documentation to avoid any non-compliance with Life Viva’s ABAC Policy and any other related policies

It is essential that the integrity, accuracy and reliability of Life Viva’s books, records and financial statements be maintained. Any off-the books payments/receipts or any fraudulent accounting practice or purposeful falsification of Life Viva’s books and records to cover up or conceal any bribe/improper payments are strictly prohibited.

Illustrative examples of falsified books and records include the payment of a false or fraudulent invoice, the miscoding of an improper payment in the general ledger, or a falsified expense report to hide improper entertainment of a government official.

6.Compliance with Anti-bribery and Corruption Policy

Relationships with all stakeholders, government bodies and officials are to be based on compliance with this anti-bribery and corruption policy along with any applicable laws and regulations. All stakeholders must read the contents of this Policy and understand the extent to which the Policy affects their daily work. All affected stakeholders must fully and constantly comply with the applicable Anti-Bribery and Corruption policy. Any questions in this regard should be directed to the Compliance Officer.

Anyone not complying with the policy requirements will be subject to appropriate disciplinary action. This may include termination of employment with Life Viva and in certain cases may involve penalties imposed by authorities including fines and imprisonment. Any employee who deliberately violates this policy, or authorizes or allows a subordinate to violate it, is subject to disciplinary action, including potential demotion or dismissal. Life Viva reserves the right to terminate its contractual relationship with any third party who violates an applicable ABAC law or the provisions of this policy.

7.Review of Business Expenditures

Life Viva’s Finance team shall review all transactions thoroughly specifically related to travel and entertainment expenses, gifts, hospitality expenses, donations, etc., and may have right to refuse payment or reimbursement of any unreasonable expenditure, despite it having been previously approved by the relevant functional head.

A.Gifts

Life Viva doesn’t prohibit giving or receiving of gifts by the stakeholders, directly or indirectly, of a modest value, subject to approval matrix and guidelines stated below:

Approval matrix and threshold for gifts:

Amount of Gift* Approving authority
Up to INR 1,500 (or USD 20) Head of Department
More than INR 1,500 (USD 20) and up to INR 5,000 (USD 70) Compliane officer
*Note: The limits prescribed above is applicable for gifts given to an individual/annum.
  • Gifts on certain occasions including festivals, such as Diwali, etc. are permissible if the gifts are pre-approved basis the below mentioned approval matrix and recorded in the gifts register. Any gifts exchanged must comply with the anti-bribery and anti-corruption laws applicable to the company.
  • Must be bona fide and only customary business expense in the normal course of business and nothing is expected in return.
  • Should be moderate (Cash, bullions and cash equivalents are not allowed) and reasonable
  • Not designed to influence the judgment or encumber the independence of the person receiving the said courtesy
  • Fully documented with clear supporting and in an identifiable manner, by receipts and accurately recorded in the company’s books.

Gifts to Government Officials (or Government Entities) maybe given to government officials with the prior written approval of Compliance Officer if all of the following conditions are met (in addition to the general guidelines on gifts set out in this section):

  • The gift is made as a courtesy or token of regard or esteem, or in return for hospitality and the cost of the item is reasonable.
  • The gift bears the Company’s name or logo (e.g., company labeled glasses, paper weights, and similar inexpensive Company-branded items) and other modest gifts.
  • The gift is given openly rather than discreetly.

No internal stakeholder has the authority to approve any gifts & entertainment that is in violation to this policy irrespective of the value of such gifts.

It should also be ensured that all such gifts to government officials are recorded properly and accurately in the Company’s books and procurement of gifts shall be made in line with the procurement policy of Life Viva. Employees who are specifically responsible for or involved in procurement of goods / services or any other possible risk profile area shall take particular care when exposed to such situations.

Life Viva’s internal stakeholders can receive gifts valued up to INR 5,000 (USD 70) in a year in their professional capacity (excluding gifts which are part of their compensation). The value mentioned is cumulative value of all gifts received by an individual during a year. Any gifts received over and above this value need to be reported to Compliance Officer and deposited with Admin team.

B.Business hospitality

Life Viva does not prohibit receiving or giving of reasonable business related hospitality, provided such hospitality (includes meals) or entertainment, as the event be, is legal, reasonable, only for business purpose and customary, and recorded in books of accounts properly and accurately with adequate supporting and documentation (Business hospitality/entertainment request communication, requisite approvals, names and designation, original receipts of expenditure, etc.). All the hospitality(s)/entertainment(s) provided or received by the internal stakeholder(s) shall be pre-approved basis the below prescribed limits

Table B: Approval matrix and threshold for business hospitality and entertainment:

Limit for hospitality* Approving authority
Up to INR 1,500 (or USD 20) Head of Department
More than INR 1,500 (USD 20) and up to INR 5,000 (USD 70) Compliane officer
*Note: The limits prescribed above is applicable for hospitality to an individual/annum.

Illustrative examples the hospitality and entertainments prohibited under this Policy:

  • Providing or offering alcoholic beverages to any third party(ies)
  • Offering or receiving Premium tickets to sports or entertainment events

In any case, entertainment expenses incurred shall not include any expenses paid in respect of massage, sauna, adult entertainment, gambling, any other illegal or immoral entertainment and any entertainment that may damage Life Viva’s reputation.

Life Viva employees or intermediaries acting on the Company’s behalf may provide business meals to individual government officials, but not to family members or close business associates of a government official. Similarly, hospitality in the form of meals and refreshments may be provided to Government Officials in connection with a meeting on the Company’s premises. The expenses must be reasonable in value and reflect the true value of the goods or services received and during the course of normal business relationship. The employee intending to offer meals or entertainment to a Government Official must obtain the prior written approval of the Compliance Officer.

No internal stakeholder has the authority to approve any hospitality/entertainment that is in violation to this policy, irrespective of the value.

Procurement related to giving of hospitality/ entertainment shall be made according to the procurement process of the Company. Internal stakeholders who are specifically responsible for or involved in procurement of goods / services or any other possible risk profile area shall take particular care when exposed to such situations.

C.Travel and Accommodation

Company discourages payment of expenses relating to travel and accommodation of government officials except when the payment is for legitimate business purpose, has appropriate documentation, and is in accordance with the guidelines stated below. All such travel and lodging expenses must be pre-approved by Compliance Officer. The approval form should as per the stated format in Appendix B – Request for Authorization of Government Official Travel and Lodging

  • The expense should be approved by the respective Business Head
  • The government agency, government department, or state-owned enterprise must select the invitees and not the Company.
  • The government agency, government department, or state-owned enterprise must approve the proposed visit and itinerary.
  • The travel and lodging should relate directly to the official’s participation in promotion, demonstration or explanation of the company’s products/services and/ or execution or performance of a contract.
  • The expense doesn’t include that of spouse, family or friend of the government official
  • The expenses are reasonable and the travel, lodging and meals could not be viewed as lavish or excessive in any respect. Expenditures for meals and incidentals must be in accordance with Company anti-corruption and travel policies.
  • Payment of hotel accommodations or other forms of lodging shall not include long-distance telephone calls, mini-bar usage, television pay-per-view services, or any other additional amenity not included in the base price of the hotel accommodation or lodging. Company will not bear the costs related to travel to tourist destinations entertainment, sightseeing excursions or other leisure activities.
  • The expenses are bona fide and properly supported and documented.
  • It is not prohibited by any applicable local law, contract requirement, or regulation.
  • No “per diem” payment to be made to a government official.
  • No payment shall be made directly to a government official either through an advance or reimbursement of expenses. For exceptions, approval to be obtained from the Compliance Officer supported with adequate supporting documents along with justifications.
  • Use of cash for such expenses is strongly discouraged and is limited to a total of $ 20 during any trip for one official.

8.Contribution(s), Donation(s), Fine(s)/ Penalty(ies) or Sponsorship(s)

A.Political Contributions

Life Viva prohibits making any political contribution(s), directly or indirectly, by or on behalf of the Company

B.Charitable Contributions or Donations

Contribution(s)/ donation(s) shall be made only in line with Company’s CSR policy. All donees shall be onboarded after completing the due diligence questionnaire as per Appendix C- Due Diligence Checklist for Donee.

All such Contribution(s)/ donation(s) must be made in line with applicable statutes and only after receiving a written approval of the Compliance Officer, CEO and CSR Committee of the Company.

C.Sponsorships (other than, as part of normal course of business operations)

Company may sponsor certain sports, cultural, educational or other promotional activities. All such sponsorships must be made for legitimate and ethical purposes under local laws and practices and be pre-cleared with the Compliance Officer. Such activities or expenses would be governed by the sponsorship agreements and would be closely monitored by the management of the Company to ensure that these payments are not used in an inappropriate or illegal manner.

D.Fines and penalties

In a circumstance where fines and penalties are imposed on the Company by a Government Entity in connection with operations of the Company, such penalties typically involve violations of local regulations including but not limited to local health and safety codes, compliance with local tax/vat registration and other applicable regulations.

The copy of such notice for fines and penalties should be sent to the Legal department and Compliance Officer. Upon approval from the Legal department and Compliance Officer, fines and penalties shall be paid solely from funds transferred directly to the Government Entity from the Company’s corporate office or regional office via wire transfer or check and a receipt or other written acknowledgement of the payment shall be obtained. A copy of the receipt or other written acknowledgement shall be sent to the Legal department and Compliance Officer. Any deviations from the Policy must be approved in advance and in writing by the Compliance Officer

9.Dealing with Government Officials

A.Employment or hiring of services of ex-government officials

Life Viva allows employing or hiring of services of ex-governmental officials, provided –

  • Human Resources shall ensure that the employment or hiring of the ex-government officials is objective and merit-based only;
  • Human Resources shall ensure that there is no conflict of interest;
  • The ex-government official must have retired or properly released from the government service(s);
  • The ex-government official must have completed the required cooling off period as applicable at relevant time of hiring, or who has obtained necessary exemptions/ permission to join a private service after retirement or after resignation.

B.Participation in tenders

Life Viva requires all the relevant stakeholders, including but not limited to the marketing and sales team, to participate in public tenders in an ethical and transparent manner, and adhere to all relevant company policies and internal controls of Life Viva in relation to the same.

The Company prohibits promising, offering, giving or receiving of anything of value or gifts, to any related party to a tender/ Request for Proposal (RFP)/ RFQ at the pre-tender stage, bidding, or posttender stage.

C.Inspections

Every time a Government Official arrives at a Company premises including manufacturing location, sales office to conduct an inspection, Company employees should intimate about the visit and purpose thereof to the Compliance Officer.

A log must be maintained on site at the Company premise or manufacturing location containing the date, name of Government Official and his/her Government Entity, and purpose of each visit. If any expenses including any meals, travel or lodging are incurred during the inspection, these expenses must be recorded and must be consistent with the Policy.

10.Engaging third parties, joint ventures, mergers and acquisition

Life Viva shall engage with third party(s) for legitimate business purposes and on commercially justifiable terms.

Third parties can put the Company at risk if they do not follow ethical business practices. All potential third party(s) are required to undergo due- diligence and Compliance Officer approval is required before entering into an agreement with a high-risk third party.

If we participate in joint ventures with other companies, acquire shares or assets in another company, then the corruption risk in relation to that company/ joint venture partner should be addressed in the due diligence process.

All contracts with third parties must be written detailing the scope of work, must be legally vetted and executed between the parties. Every contract must also include the anti -bribery and anti-corruption clauses. Third-parties must also undertake that in the event they sub-contract any part of the contracted services, they shall be responsible for all acts of the sub-contractor(s) and shall obtain anti-corruption undertakings from the said sub-contractor(s) which shall be on par with their anti-bribery and anticorruption undertaking/clauses to the Com In case a third party refuses to sign-off the anti-corruption verbiage, it should not be appointed or retained to work with Life Viva. The Legal Department and/or the Compliance Officer is responsible to ensure that all the agreements have appropriate Anti-Bribery and Anti-corruption clauses. Legal departments is responsible for reviewing contracts and including the applicable anti -bribery and anti-corruption clauses in line with guidance from Compliance officer.

All third parties, regardless of tenure, must provide a signed declaration to Life Viva acknowledging that they have read and understood Life Viva’s Anti-Bribery & Corruption policy and code of business conduct.

If any of the third parties are suspected of violations of anti-corruption laws in relation to work performed under our contract, the contract should be terminated immediately and further payments suspended.

Dealing with Intermediaries

In addition to requirements as per section on “Engaging third parties, joint ventures, mergers and acquisition”, below mentioned procedures shall be mandatorily followed for appointment and renewal of contracts with intermediaries.

A.Identification and Due- Diligence of Intermediaries

Each department/business unit must identify such intermediaries for their operations. Once the department/business unit identifies a potential intermediary the department must provide the intermediary with the due diligence questionnaire for completion. A copy of the due diligence questionnaire is attached as Appendix A- Due Diligence Checklist for Intermediaries.

The due diligence questionnaire requires the intermediary to provide detailed information regarding its business background and capabilities. It is the responsibility of the respective department to obtain a complete questionnaire and provide the completed questionnaire to Compliance Officer.

Due diligence will seek to identify sanctioned parties, state-owned companies, Government Officials, and other “politically-exposed persons” (“PEP”) or entities. Additionally, the media review will seek to identify potentially adverse information with respect to allegations of corruption, collusion, other illegal activities, or other matters that have a significant impact on reputation.

The due diligence must take place before the intermediary is retained and must be updated when extending or renewing an intermediary’s contract. In case of an emergency, where an intermediary commences the work prior to completion of the due diligence and approval by Compliance Officer, business head should provide reasons in writing and due diligence should be completed within 30 days.

The interim appointment agreement / letter issued to such intermediaries should contain the following verbiage “The terms and conditions set out in this letter are in all respects subject to the satisfactory completion of Life Viva due diligence evaluation procedures.” In case such intermediary continues to work even after 30 days, without due diligence, the matter shall be reported, without fail, to Compliance Officer.

As a policy, no respective department take any further action with respect to an applicant intermediary until Compliance Officer have provided the respective department with the results of the due diligence and whether the intermediary, in his opinion, should be accepted or rejected based on the factual data made available to him.

B.Due Diligence procedures

The due diligence procedures could include, but is not limited to the following:

  • Review of information for corporate registry and business directory information on the prospective intermediary, to help establish existence, operations, and place(s) of business.
  • Identify any adverse reputational information from global media and the Internet to identify allegations or findings with respect to corruption, fraud, misconduct, or other business issues.
  • Review information on shareholders, owners and directors as well as their related corporate interests and gather background information on key members of management/owners, including adverse information, litigation and sanctions screening
  • Retrieval of corporate filings, annual filings, licenses and retrieval of civil and criminal litigation filings, as permissible in the relevant jurisdiction.
  • Review of any potential government contracts and government relationships.
  • Review of bankruptcies, judgments, and liens, as available in the relevant jurisdiction.

Any material changes (i.e. greater than 10%) to a relationship would require a re-assessment/ due diligence.

C.Intermediary risk assessment

To avoid any potential anti-bribery and corruption liability arising from the conduct of intermediaries, it is Company’s policy to conduct due diligence on the background and reputation of its prospective intermediaries to give it a factual basis for concluding that the intermediary is capable of performing the work in question and will do so in a manner that fully complies with the compliance procedures. Risk assessment shall be conducted annually for intermediaries assessed as “High risk” during their most recent risk assessment. For intermediaries assessed other and once in every three years for all other intermediaries.

D.Other procedures

  • Each intermediary will certify once in 2 years that it understands and has complied with the anti-bribery and corruption laws including FCPA, Indian anti-corruption laws, and other applicable jurisdictions in all activities undertaken on behalf of the Company.
  • Unless Indian law requires a longer period, the Compliance Officer shall arrange to retain all documents related to the diligence process for five (5) years from the date that the agreement with the Intermediary expires or is terminated or the intermediary is rejected.
  • The Compliance Officer or a selected third-party provider shall maintain an internal database of rejected intermediaries. Once an intermediary has been rejected, the Compliance Officer or a selected third-party shall provide the rejected intermediary name, address and other relevant information to Legal and the Accounting Department.

11.Trainings, Monitoring and Review of the Policy

E.Training

Compliance Officer to ensure that all Internal Stakeholders, shall participate in the Anti-Bribery and Anti-Corruption training sessions mandatorily once in every financial year and confirm their compliance to this policy

F.Monitoring & Review

The stakeholders shall also acknowledge and sign off having to attend the Anti-Bribery and AntiCorruption training and declare their compliance with the same.

The Learning and Development team and the Human Resources team shall collectively ensure that all identified stakeholders receive the trainings, for maintaining records of the attendance of the training sessions and acknowledgment/sign offs by the relevant stakeholders.

The Ethics Officer shall assess the effectiveness of the policy on trainings conducted, issues and complaints received during the year, remediation measures taken in the matter etc. on an annual basis.

12.Reporting of violations of the Policy

A.Whistle-blowing Mechanism

The Company expects all its stakeholders to read, understand and comply with this Policy, and requires reporting of any incident of violation of this Policy or the applicable laws.

Not reporting the instances of violations on timely basis potentially exposes the Company to legal action. All employees shall raise the concerns, if any, about the instances of bribery or suspicion of corruption at the earliest possible stage, and should report any such concerns or suspicions to the whistle-blower email id setup by the company. The identity of the complainants will be kept confidential during investigations, and may be disclosed only on a ‘need-to-know’ basis to others. The Company also accepts anonymous complaints; however, the stakeholders are encouraged to disclose their name and contact details for follow up discussions and further investigations. The helpline can be accessed through email at info@lifevivawellness.in and at info@lifevivawellness.in. Whistle-blow complaint boxes are placed at all locations.

Life Viva will ensure that any stakeholder, who based on a reasonable belief that a possible violation or suspected wrongdoing has occurred, reports/ complaints under the whistle blowing mechanism will ‘NOT’ be subjected to any retaliation, regardless of whether or not the concern is ultimately substantiated. Retaliation includes discrimination, reprisal, harassment, victimization or vengeance.

B.Investigation

Complaints reported to any internal stakeholder (reporting manager/ HR team/ Compliance Officer) of any potential violation of this Policy shall be channelled to the whistle blowing mechanism, immediately, as defined above.

The Company will timely investigate all the complaints reported under the whistle blowing mechanism after the due approval from a member of the Ethics Committee. The investigators shall ensure compliance with all the regulatory requirements during the course of investigation.

13.Disciplinary Action on Non-compliance

After the completion of the investigation, report shall be submitted with recommended measures to the Ethics Committee. The Ethics committee shall initiate disciplinary actions as appropriate based on the findings and recommendations of such report. The disciplinary action(s) may include a verbal warning, written warning, pay reduction, demotion, withholding of perquisites like bonus etc. leading up-to dismissal or termination of the suspect, recovery of damage or loss to Company, penalties imposed by authorities including fines and imprisonment etc.

Example, if an employee approves or authorizes illegal payments or gratifications or intentionally aids or conspires in such payment process, either directly or indirectly can also be prosecuted for the breach of this Policy.

14.Waiver and Amendment of the Policy

Life Viva is committed to continuously review and update the policies and procedures based on annual assessment, the learning and any changes in relevant laws and regulations, or when Life Viva enters new market/ sector/ country which may pose a risk under this ABAC Policy.

Any exception to this policy shall have written pre-approval from the Compliance Officer.

Life Viva Website and SSO-ID Terms & Conditions

 

Use of the Life Viva Platform/Life Viva Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Life Viva website located at lifevivawellness.in, and all associated sites linked to lifevivawellness.in, or the Life Viva mobile application or any similar platform (hereinafter collectively, the Life Viva Platform run by Life Viva Wellness Pvt. Ltd. , having its registered office at SHOP NO-2,SHRI KRISHAN COMPLEX UTTAM NAGAR REWARI - 123401 (hereinafter collectively, Life Viva or Life Viva ) on any device and/or before availing any services offered by Life Viva on the Life Viva Platform which may include services such as recharge or bill payment, digital products, semi-closed wallet service and marketplace service or any other service that may be offered by Life Viva on the Life Viva Platform (hereinafter individually, and collectively, the Life Viva Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Life Viva Services, whether offered by Life Viva or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the Life Viva Platform for any general purpose or for the specific purpose of availing any Life Viva Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Life Viva Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Life Viva Service or any future service that may be offered by Life Viva on the Life Viva Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Life Viva Platform or availing any Life Viva Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Life Viva Platform and immediately terminate Your availing the Life Viva Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Life Viva Platform or a customer or beneficiary of the Life Viva Services, and Life Viva. All services are rendered by Life Viva through the Life Viva Platform under the brand name “Life Viva” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Life Viva, regarding Your use of Life Viva’s digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed wallet service, the marketplace service or any such other services which may be added on the Life Viva Platform and which will henceforth be a Life Viva Service, from time to time. The Life Viva Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Life Viva grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Life Viva Platform and/or avail the Life Viva Services.

Eligibility

The Life Viva Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Life Viva from availing the Life Viva Services or accessing the Life Viva Platform. By accepting the T&Cs or by otherwise using the Life Viva Services on the Life Viva Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Life Viva, or disqualified for any other reason, from availing the Life Viva Services or using the Life Viva Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Life Viva reserves the right to suspend or permanently prevent You from availing Life Viva Services or using the Life Viva Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific Life Viva Services and to specific portions or features of the Life Viva Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the Life Viva Platform or for any Life Viva Service offered on or through the Life Viva Platform, the latter terms shall control with respect to Your use of that portion of the Life Viva Platform or the specific Life Viva Service. Life Viva may make changes to any Life Viva Services offered on the Life Viva Platform, or to the applicable terms for any such Life Viva Services, at any time, without notice. The materials on the Life Viva Platform with respect to the Life Viva Services may be out of date, and Life Viva makes no commitment to update the materials on the Life Viva Platform with respect to such Life Viva Services. The following terms also govern and apply to Your use of the Life Viva Platform, and they are incorporated herein by this reference:

SSOID Service, Participating Platforms

Life Viva’s SSOID service offers You the convenience, after a one-time registration any Life Viva Platform, to sign on (log in) to all web pages and online platforms operated by Life Viva or its affiliates (hereinafter the Participating Platforms) with single log-in access / data, without going through a separate registration process every time. After successfully registering for the SSOID Service, the user can log-in via each Participating Platform with his SSOID access credentials. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective Participating Platform requiring further declarations). The Participating Platforms that offer the SSOID as a login feature, are visible on registration and in the user account. The number of Participating Platforms may also vary in the course of time. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which Life Viva’s SSOID service is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of Life Viva is solely responsible only for those content that it actually operates. For the SSOID service, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The SSOID shall be owned and operated by Life Viva for use on all Participating Platforms. For the use of Life Viva’s SSOID service, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration and use of the SSOID service. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties to use the SSOID service or to disclose them otherwise. The user is obliged to inform Life Viva immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to us to make an offer to enter into the agreement on the use of our SSOID service (hereinafter the SSOID Agreement). Our offer for the conclusion of the SSOID Agreement is then effected by the fact that Life Viva sends the user a confirmation by e mail, in which a confirmation link is included next to the user name and the password for the SSOID Service. By the user clicking on this confirmation link, the user accepts Life Viva’s offer, so that in this way the SSOID Agreement enters into force. Conclusion of the SSOID Agreement may, also be effected through other communication modes and following such processes which help achieve the same purpose as the aforementioned e-mail confirmation process. Life Viva is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for Life Viva) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.

Communication Policy

By accepting the T&Cs, You accept the following:
  • Life Viva may send alerts to the mobile phone number provided by You while registering with the Life Viva Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Life Viva Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • Life Viva will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Life Viva as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Life Viva Platform or availing any Life Viva Services. Life Viva shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Life Viva liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by Life Viva is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Life Viva shall be immediately informed about the same by You and Life Viva will make best possible efforts to rectify the error as early as possible. You shall not hold Life Viva liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. Life Viva shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless Life Viva and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Life Viva or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Life Viva and/or the SMS/e-mail service provider.

Use of Life Viva Platform

You understand that except for information, products or services clearly indicated as being supplied by Life Viva, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Life Viva cannot and does not guarantee or warrant that files available for download through the Life Viva Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the Life Viva Platform or by availing Life Viva Services, You agree not to:
  • violate the T&Cs;
  • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Life Viva Services, perform any other similar fraudulent activity or otherwise avail Life Viva Services with what we reasonably believe to be potentially fraudulent funds;
  • infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
  • use the Life Viva Services if You are under the age of 18 years without a parental sponsor or, in any event, use the Life Viva Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law;
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
  • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to Life Viva;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Life Viva Services and the Life Viva Platform or features that enforce limitations on the use of the Life Viva Services or the Life Viva Platform;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Life Viva Services or Life Viva Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law;
  • use the Life Viva Services or the Life Viva Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Life Viva Services or the Life Viva Platform in an automated manner;
  • modify, adapt, translate or create derivative works based upon the Life Viva Services and the Life Viva Platform or any part thereof, except and only to the extent that that this is permissible by applicable law;
  • intentionally interfere with or damage operation of the Life Viva Services or the Life Viva Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
  • use any robot, spider, other automatic device, or manual process to monitor or copy the Life Viva Platform without prior written permission;
  • interfere or disrupt the Life Viva Platform or networks connected to the Life Viva Platform;
  • take any action that imposes an unreasonably or disproportionately large load on Life Viva’s infrastructure/network;
  • use any device, software or routine to bypass the Life Viva Platform’s robot exclusion headers, or interfere or attempt to interfere, with the Life Viva Services;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Life Viva Platform or to manipulate Your presence on the Life Viva Platform;
  • sell the Life Viva Services, information, or software associated with or derived from it;
  • use the facilities and capabilities of the Life Viva Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
  • breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs;
  • provide false, inaccurate or misleading information;
  • use the Life Viva Platform to collect or obtain personal information, including without limitation, financial information, about other users of the Life Viva Platform, except and only as expressly provided in the T&Cs;
  • avail Life Viva Services with what Life Viva reasonably believes to be potentially fraudulent funds;
  • use the Life Viva Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Life Viva, a third party or You;
  • use the Life Viva Services in a manner that Life Viva or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • take any action that may cause Life Viva to lose any of the Life Viva Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers;
  • send automated request of any kind to the Life Viva Platform without express permission in advance from Life Viva.

Termination; Agreement Violations

You agree that Life Viva, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Life Viva Services/Life Viva Platform and remove and discard on the Life Viva Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. Life Viva may also in its sole discretion and at any time discontinue providing access to the Life Viva Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Life Viva Services/Life Viva Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Life Viva will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Life Viva may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Life Viva Services/Life Viva Platform.

Limitation of Liability and Damages

In no event, Life Viva or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Life Viva Services, the Life Viva Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Life Viva Services, the Life Viva Platform (including any and all materials) or any reference sites/app/platform/service, even if Life Viva or a Life Viva authorized representative has been advised of the possibility of such damages. In no event, Life Viva, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Life Viva Services, the Life Viva Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the Life Viva services, the Life Viva Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Life Viva, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the Life Viva Service or the Life Viva Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that Life Viva has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Life Viva, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Life Viva. Life Viva would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Life Viva’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Life Viva, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Life Viva Services or of the Life Viva Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Life Viva reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Life Viva, including rights to settle, and You agree to cooperate with Life Viva’s defense and settlement of these claims. Life Viva will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, Life Viva and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Life Viva or through the Life Viva Services or the Life Viva Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Life Viva” includes Life Viva’s officers, directors, employees. You acknowledge that Life Viva is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Life Viva Services on the Life Viva Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. Life Viva does not warrant that the Life Viva Services will be uninterrupted or error-free or that defects in the site will be corrected. The Life Viva Services and the Life Viva Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Life Viva, and its partners do not warrant that the data, Life Viva software, functions, or any other information offered on or through the Life Viva Services/Life Viva Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Life Viva and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Life Viva Services/Life Viva Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the Life Viva Services/Life Viva Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Life Viva be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Life Viva Platform.

Ownership; Proprietary Rights

The Life Viva Services and the Life Viva Platform are owned and operated by Life Viva. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Life Viva Services and the Life Viva Platform provided by Life Viva (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Life Viva, all Materials, trademarks, service marks, and trade names contained on the Life Viva Platform are the property of Life Viva. You agree not to remove, obscure, or alter Life Viva or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Life Viva Services/Life Viva Platform. Except as expressly authorized by Life Viva, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Life Viva reserves all rights not expressly granted in this Agreement. If You have comments regarding the Life Viva Services and/or the Life Viva Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Life Viva, and shall assign to Life Viva, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

Life Viva reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Life Viva Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the Life Viva Platform, availing the Life Viva Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Life Viva Services/Life Viva Platform. For certain changes, Life Viva may be required under applicable law to give You advance notice, and Life Viva will comply with such requirements.Your continued use of the Life Viva Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

Life Viva may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Life Viva Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Life Viva must be sent by courier or registered mail to Life Viva Wellness Pvt Ltd., B-121, Sector-5, Noida, Uttar Pradesh 201301, India.

Waiver

The failure of Life Viva to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Life Viva.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Life Viva Service or the Life Viva Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Life Viva may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Life Viva may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Life Viva (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Life Viva may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Life Viva. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Life Viva must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

Headings

The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement is the entire agreement between You and Life Viva relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Life Viva in accordance with the terms of this Agreement.

Bill Payments and Digital Products Terms & Conditions

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Life Viva website located at www.lifevivawellness.in, and all associated sites linked to lifevivawellness.in, or the Life Viva mobile application or any similar platform (hereinafter collectively, the Life Viva Platform) run by Life Viva Wellness Pvt. Ltd. , having its registered office at SHOP NO-2,SHRI KRISHAN COMPLEX UTTAM NAGAR REWARI - 123401 (hereinafter collectively, Life Viva or Life Viva) on any device and/or before availing any travel, recharge or bill payment or digital products related services offered by Life Viva on the Life Viva Platform (hereinafter, individually Life Viva Digital Service and collectively, the Life Viva Digital Services).

Eligibility

The Life Viva Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Life Viva from availing the Life Viva Digital Services or accessing the Life Viva Platform. By accepting the T&Cs or by otherwise using the Life Viva Digital Services on the Life Viva Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by Life Viva, or disqualified for any other reason, from availing the Life Viva Bill Payment and Digital Goods Services or using the Life Viva Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Life Viva reserves the right to suspend or permanently prevent You from availing Life Viva Digital Services or using the Life Viva Platform.

Digital Services

Life Viva facilitates the payment of certain bills through the Life Viva Platform with respect to certain services offered by Life Viva business partners who have partnered with Life Viva to enable their bills to be paid through the Life Viva Platform. Please see the relevant links on the Life Viva Platform for more information on Life Viva’s bill payment service. Further, Life Viva also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the Life Viva Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the Life Viva Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to Life Viva Services or Life Viva Platform.

Life Viva Recharges

Life Viva is only a reseller of digital products. Life Viva does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. Life Viva is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by Life Viva to You is sold without recourse against Life Viva for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis mutandis, to other prepaid recharge products available on the Life Viva Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the Life Viva Platform. Life Viva will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Refund Policy

All sales of prepaid recharge on the Life Viva Platform are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number for which You purchase the prepaid recharge and all charges that result from those purchases. You are also responsible for the information relating to data card and toll-tag recharge and all charges that result from those purchases. Life Viva is not responsible for any purchase of prepaid recharge for an incorrect mobile number or DTH account number or incorrect toll or data card information. However, if in a transaction performed by You on the Life Viva Platform, money has been charged to Your card or bank account and a recharge is not delivered within 24 hours of the completion of the transaction, then You shall inform us by sending an e mail to our customer services e mail address mentioned on the ‘Contact Us’ page on the Life Viva Platform. Please include in the e-mail the following details – the mobile number (or DTH account number or data card or toll-tag information), operator name, recharge value, transaction date and order number. Life Viva will investigate the incident and, if it is found that money was indeed charged to Your card or bank account without delivery of the recharge, then You will be refunded the money within 21 working days from the date of receipt of Your e mail. All refunds will be credited to Your semi- closed wallet. You can trigger a request in Your Life Viva wallet to transfer the money from Your Life Viva wallet back to source. It will take 3-21 working days for the money to show in Your bank account depending on Your bank’s policy.

Bill Payments

In order to use the bill payments service or any other Life Viva Service, You will need to obtain access to the World Wide Web or the Internet, either on a computer or on any other device that can access web-based content, and You will also need to pay any service fees associated with such access. In addition, You must have all equipment necessary to make such connection to the World Wide Web or the Internet, including a computer and a modem or any other set of access devices. Life Viva and/or the Life Viva business partner (including Life Viva’s bill payment partners) reserve the right to charge and recover from You, such fees for availing the service as the case may be. These charges shall be effective from the time when they are posted on the Life Viva Platform or on the Life Viva business partner’s channel/portal/website through which You are availing the specific service. You are bound by such revisions and should therefore visit the Life Viva Platform or check with the Life Viva business partner’s channel/portal/website through which You are availing the specific service in order to review the applicable fees which may vary from time to time. In the event that You stop or seek a reversal of the payment instructions as may have been submitted, Life Viva shall be entitled to charge and recover from You and You shall be liable to pay such charges to the bill payment service provider as may be decided by Life Viva. These charges shall be charged on to Your designated payment account or in any other manner as may be decided by Life Viva. Life Viva offers a convenient and secure way to make payments towards identified biller(s) using a valid payment account. Depending upon the Life Viva business partner through whom the specific service is availed by You (i) the specific features of the service may differ; (ii) the number of billers available over the service may differ; (iii) the type and range of payment accounts that can be used to issue a payment instructions may differ; (iv) the modes/devices over which the service can be accessed may differ; and (v) the charges, fees for availing the service or any aspect of the service may differ. Specific details related to these aspects would be available with the Life Viva business partner on their channel/portal/website over which the service is being availed. From time to time, Life Viva, at its sole discretion, can add to or delete from such list of billers or types of payment accounts that can be used in respect of making payments to a biller. The type and range of payment accounts that can be used for making payments may differ for each biller depending on biller specifications. There may be additional fees/charge when using certain types of payment accounts in respect of a biller. The terms upon which a payment can be made to a biller can differ depending on whether a card or a bank account is used to issue the payment instruction. Further, depending on the specific facilities allowed by a Life Viva business partner, payments to a biller can be made either (a) by issuing a payment instruction for an online debit/charge to a payment account or (b) by scheduling an automated debit to a payment account. In using the bill payment service, You agree to:
  • provide true, accurate, current and complete information about Yourself (“Registration Data”), Your payment account details (“Payment Data”), Your biller details (“Biller Data”); and
  • maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or Life Viva has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Life Viva has the right to suspend or terminate Your account and refuse any and all current or future use of the Life Viva Services/Life Viva Platform (or any portion thereof). The term biller includes telecom operators.
Life Viva assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction(s) on the payment date owing to any one or more of the following circumstances:
  • If the payment instruction(s) issued by You is/are incomplete, inaccurate, invalid and delayed;
  • If the payment account has insufficient funds/limits to cover for the amount as mentioned in the payment instruction(s);
  • If the funds available in the payment account are under any encumbrance or charge;
  • If Your bank or the National Clearing Centre refuses or delays honouring the payment instruction(s);
  • If payment is not processed by biller upon receipt;
  • Circumstances beyond the control of Life Viva (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).
In case the bill payment is not effected for any reason, You will be intimated about the failed payment by an e-mail.

Bus Tickets

  • Life Viva is only a bus ticket agent. It does not operate buses or offers bus transport services. In order to provide a comprehensive choice of bus operators, departure times and prices to customers, Life Viva has tied up with many bus operators and service providers.
  • Life Viva’s advice to customers is to choose the bus operators who they are aware of and whose service they are comfortable with.
  • Life Viva’s responsibilities include:
    • issuing a valid ticket (a ticket that will be accepted by the bus operator) for its network of bus operators;
    • providing refund and support in the event of cancellation; and
    • providing customer support and information in case of any delays/inconvenience.
    Life Viva’s responsibilities do not include:
    • The bus operator’s bus not departing/reaching on time;
    • The bus operator’s employees being unprofessional or engaging in unlawful conduct;
    • The bus operator’s bus seats, etc., not being up to the customer’s expectation;
    • The bus operator cancelling the trip due to any reason;
    • The baggage of the customer getting lost/stolen/damaged;
    • The bus operator changing a customer’s seat at the last minute to accommodate any of the following passengers: senior citizens, children, pregnant women, persons with disability or any other person in a situation of emergency;
    • The customer waiting at the wrong boarding point (please call the bus operator to find out the exact boarding point if You are not a regular traveller on that particular bus or route);
    • The bus operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take customers to the bus departure point.
  • The arrival and departure times mentioned on the ticket are only tentative timings. However, the bus will not leave the source before the time that is mentioned on the ticket.
  • Passengers are required to furnish the following at the time of boarding the bus:
    • A copy of the ticket (a printout of the ticket or the printout of the ticket e mail).
    • Identity proof (Aadhaar Card, Driving license, Student ID card, Company ID card, Passport, PAN card or Voter ID card). Failing to do so, they may not be allowed to board the bus.
  • Passengers must also be aware of the following :
    • Change of bus: In case the bus operator changes the type of bus due to some reason, Life Viva will refund the differential amount to the customer upon being intimated by the customers within 24 hours of the journey.
    • Cancellation Policy: Passengers are expected to read the ticket cancellation policy carefully. Tickets will be cancelled as per the cancellation policy linked with the ticket. The transaction charges will not be refunded in the event of ticket cancellation.
    • Refund policy mentioned on the ticket is indicative. The actual cancellation charges are determined by bus operators and bus providers at the actual time of cancellation. Life Viva has no role in governing the cancellation charges.
    • Cancellation charges are calculated on the actual fare of the ticket. If any discount coupons are used while purchasing the ticket, the discounted value would be used to calculate the refund amount when a ticket is cancelled.
    • In case a booking confirmation e mail and SMS gets delayed or fails because of technical reasons or as a result of incorrect e mail ID/phone number provided by the user, etc., a ticket will be considered ‘booked’ as long as the ticket shows up on the confirmation page of the Life Viva Platform.
    • Amenities on the buses as shown on Life Viva have been configured and provided by the bus service provider (bus operator). These amenities will be provided unless there are some exceptions on certain days. Please note that Life Viva provides this information in good faith to help passengers to make an informed decision. Provision of video, air conditioning and any such other services mentioned by Life Viva’s travel partners in the buses is their own responsibility. Any refunds/claims due to non-functioning or un-availability of these services needs to be settled directly with the bus service provider.
  • Life Viva is not responsible for any kind of journey inconvenience, injury or death, caused during the journey or flowing from the journey.
  • For any issues relating to cancellation or refund, the passenger may contact Life Viva within 15 days of date of travel, beyond which period request would not be processed.
  • Life Viva may call the mobile phone number provided by You while registering with the Life Viva Platform, or any updated mobile number subsequently provided by You on the Life Viva Platform, or contact You via e-mail, for the purpose of collecting feedback from You regarding Your travel bookings, including but not limited to the bus facilities and/or services of the bus operator.
  • Grievances and claims related to the bus journey should be reported to Life Viva support team within 10 days of Your travel date.

Refunds in cases where Airline is declared as Insolvent or Bankrupt

Life Viva shall not be liable to pay any refunds whatsoever in cases where the airline closes its operations or declares itself as insolvent or has been declared as insolvent in any legal proceedings. The customers or clients or agents shall not hold Life Viva liable to pay the refunds as assured at the time of booking of ticket in cases where the airline closes its operation or declares itself as insolvent or has been declared as insolvent in any legal proceedings.

Movie Tickets

Life Viva is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of movie tickets between the merchant, i.e., the cinema owner, and customer. For the purposes of this section, a merchant shall mean a cinema owner or the person owning inventory of movie tickets that are being sold on the Life Viva Platform. Life Viva does not at any point of time during any transaction between the customer and the merchant, take the ownership of any of the products/services provided by merchant. Nor does Life Viva at any point assert any rights or claims over the products/services offered by the merchant to the customer.   In using the Life Viva Platform for purchasing movie tickets, You explicitly agree and acknowledge that:
  • Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
  • Your booking confirmation will be sent via an e mail and/or SMS;
  • You or the person collecting the ticket(s) on Your behalf need to print and present the e mail ticket at the counter in order to avail a physical ticket from the cinema box office of the merchant at the premises of the cinema hall concerned;
  • To collect the tickets from the cinema box office, it is mandatory for You or the person collecting the ticket(s) on Your behalf to present the debit/credit card that has been used to book ticket(s) along with the booking confirmation SMS or e mail print out;
  • The holder of a physical ticket is deemed to be the owner of the ticket(s);
  • Booking charges are charged on all tickets booked by you online.
  • As per the merchant’s terms and conditions, You need to make the bookings for the tickets in respect of the children above the age of 3 years;
  • As per the merchant’s terms and conditions, in case a physical ticket is lost or misplaced, a duplicate ticket cannot be issued;
  • If the merchant cancels the show, Life Viva will not be held responsible for such cancellation. In such cases, Life Viva will automatically issue a refund to Your Life Viva wallet with applicable deductions the amount paid by You for the movie ticket(s) booked on Life Viva within 48 hours of the cancellation;
  • If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Life Viva customer care. Life Viva will not be responsible for any losses occurred in the process;
  • Please add info@lifevivawellness.in to Your address book to ensure e mail delivery in Your inbox. Life Viva will not be responsible for any loss caused due to the confirmation e-mail or any other e-mail relating to the ticket booking process not being delivered to Your primary inbox;
  • By booking a ticket on the Life Viva Platform, You agree and undertake to adhere to and comply with the terms and conditions of respective merchants in respect of all the bookings made by You for the tickets through the Life Viva Platform;
  • As per the merchant’s terms and conditions, outside food and beverages are not allowed inside the cinema hall’s premises;
  • By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Life Viva may send the alerts to the mobile phone number/e mail provided by You while registering on the Life Viva Platform or to any such number replaced and informed by You subsequently;
  • Notwithstanding anything to the contrary contained herein, neither Life Viva nor affiliates of Life Viva or its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the T&Cs, the Life Viva Platform or Life Viva Services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, Life Viva’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Life Viva or affiliates of Life Viva, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the Life Viva Platform and/or Life Viva Service.
  • Ticket(s) booked with cancellation protect can be cancelled upto 2 hours before the show time e.g. If you have booked tickets for show time Sunday 7 PM, you can cancel the tickets upto 4:59 PM on that Sunday.
  • In case you cancel your ticket within the cancellation period, you will receive 100% refund on ticket price e.g. If you have booked tickets for show time Sunday 7 PM and you cancel the ticket(s) anytime before 4:59 PM on that Sunday, you will get 100% refund of your ticket price in your source account(s) within 7-10 business days of canceling the ticket
  • On booking ticket(s) with cancellation protect, You will receive a booking confirmation sms/e-mail. Please note that the booking confirmation is not Your ticket and You won’t be able to enter the cinema with this booking confirmation.
  • Your ticket(s) will be sent to you over sms/e-mail only after the cancellation period is over e.g. if your movie’s show time is Sunday 7 PM, you will receive your ticket details after 5 PM on that Sunday.
  • Refund will only be given for the movie ticket amount, any additional amount paid for Cancellation Protect, convenience fee or food and beverages will not be refunded. On cancellation of the ticket, the cinema operator reserves the right to allow or disallow redemption of the food item in the order.
  • Cancellation Protect charges are non-refundable even if the tickets aren’t cancelled
  • Partial cancellation of an order is not allowed.
  • Cancellation Protect is a promotional offer by Life Viva Wellness Pvt Ltd. (Life Viva) and it reserves the right to alter the terms or discontinue the offer at any time without prior notice,Life Viva may suspend any user’s ability to participate in the program at any time for any reason at its discretion.
  • Cancellation protect feature entitles the user to an enhanced refund policy on movie ticket bookings through Life Viva.
  • Cancellation Protect feature is available only for a limited number of seats and on select cinemas.
  • All seat layouts are representative in nature, distance between rows & from screen can differ from the actual.
  • In case of any issues, the interpretation of Life Viva will be considered final.
  • Benefits of any applied promocode on the order will be considered as redeemed / fulfilled if the tickets are cancelled by the customer
  • Cinema Cancellation Policy
    1. Cinema Partners may choose to provide flexibility of movie ticket cancellation at their own discretion. These details would be available to customers at the time of booking. Customers should check complete details before proceeding to book tickets
    2. Cinema Partners may change the refund slab of ticket cancellation without any prior information and may vary from time-to-time. Benefits of Cinema Partner’s cancellation policy would be passed on to customers as it is and Life Viva Wellness Pvt Ltd. has no rights / control on the cancellation policy
    3. Charges for the cancellation policy provided by Cinema Partners may vary from time to time or based on customer’s booking. Life Viva Wellness Pvt Ltd has no rights / control on it
    4. Cinema Partner may choose to provide such cancellation policy benefits to all or some selective users at their own discretion
    5. In case of any request of booking invoice, if the movie ticket is cancelled through Cinema Partners, you may reach out to the Cinema Partner team
    6. We may share booking information with Event/ Cinema Partners providers, such as Booking ID, customer phone numbers and email ID to Cinema Partners, Event Managers, Promoters and others for smooth customer entry flow within the premises. Such information would be used for smooth booking experience and availing loyalty or rewards points benefits from Partners, if any
    7. Benefits of any applied promocode on the order will be considered as redeemed / fulfilled if the ticket(s) are cancelled by the customer
  • Food vouchers policy
    1. We have partnered with few cinema chains to offer you Food Vouchers which can be redeemed at the cinema premises.
    2. The vouchers will be available for purchase in the food section while booking movie tickets for these cinemas.
    3. On buying this voucher, you will get a code through email and/or SMS using which you can purchase food and beverage items at the cinema premises.
    4. The voucher is valid at most cinemas under that cinema chain with few exceptions as per the Cinema Partners’ discretion.
    5. Each voucher has an expiry date attached to it and is valid for any show till the expiry of that voucher.
    6. The voucher is non-refundable, either before or after the expiry or in case of cancellation of movie tickets.
    7. Partial redemption of the voucher is not allowed.
    8. Only 1 voucher can be redeemed in a single transaction.
    9. Any excess amount needs to be paid at the cinema.

Theme/Water/Amusement Parks Tickets

Life Viva is an intermediary within the meaning of the Information Technology Act, 2000 and the rules thereunder and merely facilitates the sale and purchase of tickets between the merchant and the customer. For the purposes of this section, merchant shall mean any theme park, water park, amusement park or any other similar establishment for which ticket(s) have been purchased through the Life Viva Platform. Life Viva does not at any point of time during any transaction between the customer and merchant take the ownership of any of the products/services provided by the merchant. Nor does Life Viva at any point asserts any rights or claims over the products/services offered by the merchant to the customer. In using the online ticketing service on the Life Viva Platform, You explicitly agree and acknowledge the following:
  • Bookings for the tickets once made by You cannot be cancelled, exchanged or refunded;
  • Your booking confirmation will be sent via an e mail and/or SMS. For e-tickets, You need to print and present the e-mail confirmation at the ticket counter in order to avail a physical ticket(s)and/or band(s), as the case may be, from the ticket counter;
  • Life Viva will not responsible for any loss, damage or injury sustained by the customer at the theme park/water park/amusement park premises or any other similar establishment for which ticket(s) were purchased through the Life Viva Platform;
  • Life Viva will not be responsible if certain activities, rides, slides and attractions purported to be offered by the merchant were not functional on any particular day;
  • By purchasing tickets through the Life Viva Platform, You warrant and represent that You are in good health and acknowledge the risks that are incumbent while undertaking the activities offered by the merchants;
  • Life Viva shall will not be responsible for Your health, safety and well-being during or after undertaking the activities offered by the merchant;
  • To collect the tickets from the ticket counter, it is mandatory for You to present to the merchant run ticket counter, the debit/credit card that has been used to book tickets along with the booking confirmation (SMS/e-mail printout). The holder of a physical ticket is deemed to be the owner of the ticket;
  • A convenience fee per booking in respect of the ticket may be levied on the tickets booked by You online. Kindly check once before You make the booking;
  • You need to make bookings for the tickets in respect of children (of certain age or height) as per the merchant terms and conditions;
  • As per the merchant terms and conditions, in case a physical ticket and/or band is lost or misplaced, a duplicate ticket and/or band cannot be issued;
  • If the merchant cancels the activities, Life Viva will not be held responsible for the same. In such cases, Life Viva will automatically issue a refund to Your Life Viva wallet with applicable deductions the amount paid by You for the ticket(s) booked on Life Viva within 96 hours from the event date;
  • If You do not receive a confirmation number (in the form of a confirmation SMS or e mail) after submitting payment information, or if You receive an error message or service interruption after submitting payment information, You should immediately report to the Life Viva customer care. Life Viva will not be responsible for any losses occurred in the process;
  • By making a booking of a merchant ticket, You agree and undertake to adhere to and comply with the terms and conditions of respective merchant establishments in respect of all the bookings made by You for the tickets through the Life Viva Platform;
  • As per the merchant terms and conditions, outside food and beverages are not allowed inside the premises;
  • By accepting the T&Cs, including the specific terms and conditions in this section, You accept that Life Viva may send the alerts to the mobile phone number/email provided by You while registering for the Life Viva Platform or to any such number replaced and informed by You subsequently;
  • Notwithstanding anything to the contrary contained herein, neither Life Viva nor its affiliates of Life Viva, its officers, directors, employees shall have any liability to You or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the Life Viva Platform or the Life Viva Services, even if any of said parties had been advised of, knew of, or should have known of the possibility of such damages. To the maximum extent permitted by law, Life Viva’s maximum aggregate liability to You for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to Rs. 5,000. To the maximum extent permitted by law, You waive, release, discharge and hold harmless Life Viva or affiliates of Life Viva, , and each of their directors, officers, employees, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of Your use of the online platform;

Coupon Redemption

In addition to the T&Cs, coupon redemption is subject to standard and specified terms and conditions mentioned by respective retailers. Coupons are issued on behalf of respective retailers. Hence, any damages, injuries, losses incurred by the You as a result of using the coupon is not the responsibility of Life Viva and its affiliates, and each of their directors, officers, employees. Total cashback for a user cannot be more than 50% of his payments or Rs 10,000, whichever is higher. This term supersedes any offer related to any other Life Viva Service.

Augmont Terms & Conditions

These “Terms” and “Conditions of Use” (“Terms/Augmont Terms and Conditions”) constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms shall be in addition to and not in derogation to any other terms as stipulated from time to time. By using this facility on the Life Viva Platform, You are agreeing to and accept these Terms.
A. Gold Accumulation Plan Terms and Conditions
Please read these Terms carefully.
  1. In these Terms, references to “You/you/Your”, or “Customer” shall mean the counterparty who transacts using the Life Viva Platform/Platform, being a natural person, buying Gold, redeeming Gold in the form of redeemable products, selling back Gold to Augmont. “Platform” shall mean, and include, the platforms (website, mobile apps, others) of Life Viva that the Customer accesses for the transactions, including all contents, services and technology offered through the Platform. “Service Providers” mean independent third party service providers, and references to the “Seller”, “Augmont”, “we/We”, “us” and “our” shall mean Augmont Gold Private Limited. “Customer’s Gold Accumulation Plan Account”/ (“GAP account”)” shall mean gold accumulation plan account of the individual Customer identified through his/her Life Viva account based in the registered mobile number present in records of Life Viva. “Transfer” refers to a facility to transfer Gold from a GAP account to another Customer’s GAP account.
  2. Augmont or Life Viva may revise these Terms from time to time and at any time. Such changes shall be effective when posted on the Platform and shall be deemed to be notified to the Customer. If you do not agree to be bound by these Terms and Conditions of Access and Use, as modified from time to time, you should leave the Platform immediately.
  3. Augmont/Life Viva shall be entitled to collect and store relevant information and documents provided by the Customer. Further, as and when required by Augmont / Life Viva based on the government regulations, the Customer will be required to provide additional documents for fulfilling the KYC requirements. You authorize Augmont and Life Viva to make such enquiries as they may feel necessary to satisfy themselves about the validity of Your identity. You undertake to update us and Life Viva in case of change of Your existing information or verification documents provided by You.
  4. You agree to provide true, accurate, current and complete information about yourself as prompted by the Platform and maintain and promptly update to keep it true, accurate, current and complete. If You have reasons to believe that there is an error in the information furnished to Augmont /Life Viva You shall immediately advice the Augmont / One 97 in writing and forthwith provide correct / updated information.
  5. If you provide any information that is untrue, inaccurate, not current or incomplete, or Augmont/Life Viva has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Augmont/Life Viva has the right to suspend or terminate your account/GAP account and refuse any and all current or future use of the Platform (or any portion thereof) without any liability to you. You hereby undertake to indemnify and keep indemnified Life Viva against any and all losses, claims, liabilities costs etc. which arise out of or relating to Your failure to identify Yourself and validate Your account/GAP account promptly and / or due to incorrect KYC documents / information.
  6. You can offer to buy Gold worth Rs. 1.00 (Rupee One Only) and above incremental value thereof at the live purchase price of Gold of 99.9% purity displayed on the Platform.
  7. Payment will be accepted only through Your Life Viva wallet or other payment options made available on the Platform. At the time of purchase / redemption / sale-back / transfer of Gold, the relevant taxes will be chargeable as applicable as per the Government regulations.
  8. At the time of redemption, the Customer can select redeemable product for redemption from catalogue of redeemable products. These redeemable products will be hosted on the Platform. The list of redeemable products may be altered, changed and amended by Augmont from time to time at its sole discretion.
  9. At the time of redemption in physical deliverable product form, the Customer will pay additional making and delivery charges and applicable taxes on the same. The redeemable product selected from the catalogue for delivery shall be subject to availability of stock with Augmont.
  10. For each confirmed purchase of Gold by the Customer, Augmont will transfer the metal to the vaulting agencies and it will be held there, under the supervision of an independent trustee, till (a)) sell-back by the Customer, (b) redemption by the Customer.
  11. The Customer will have the option of redeeming and asking for physical delivery of the full or part of the accumulated gold holding, in the form of redeemable products made available on the Platform from time to time. The residual fractional gold remaining, upon redemption / Transfer by You of the entire gold holding, can be sold back by You to us at the live sell-back price of gold of 99.9% purity and the corresponding amount against the residual fractional gold sold by You will be credited in Your Life Viva wallet instantly.
  12. You need to pay the applicable making and delivery charges from Your Life Viva wallet or other payment instruments made available on the Platform in order to redeem the redeemable product of Your choice.
  13. Once the redemption has been initiated by You and payment received then Your gold grams will be debited accordingly from Your GAP account.
  14. Augmont may also, from time to time in future, offer/permit the Customer to sell-back its gold in fraction to Augmont at prevailing live sell-back price of gold of 99.9% purity, during the offer period as may be announced / permitted by Augmont. The money against the fractional gold sold by a Customer would be credited to the Customer.
  15. Live purchase price of Gold will be displayed on the Platform and is subject to change from time to time. At the time You make request for redemption / sell-back, the value of Gold / quantity of Gold to be redeemed / sold back will be displayed based on live sell-back price of Gold. The live purchase price of Gold and live sell-back price of Gold may vary and also may be different from that available in the open market and/or in any other retail outlet. Your offer may be rejected irrespective of whether an item has been earmarked/wish listed by a Customer. In such an event if You still wish to offer to purchase Gold or sell-back residual fractional Gold, You may make another offer at the changed price. Augmont/Life Viva disclaims any and all claims and/or liabilities arising from such non acceptance of offer or revision in prices.
  16. While availing any of the payment method/s available on the Platform, Augmont/Life Viva will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:
    1. Lack of authorization for any transaction/s,
    2. Exceeding the preset limit mutually agreed by and between the Customer and relevant banks of the Customer,
    3. Any payment issues arising out of the transaction,
    4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a Customer;
    5. Temporarily discontinuation of invitation to offer; and / or
    6. Decline of transaction for any reason(s) whatsoever.
  17. Augmont may, at its discretion, prescribe maximum individual/cumulative limits for Customers to accumulate gold or transfer Gold through this scheme from time to time, and reserves the right to refuse to accept order exceeding such limit.
  18. At any point of time on any day Augmont may temporarily discontinue the invitation to offer for any reason whatsoever.
  19. Augmont will, at its discretion, close down GAP account of Customers, if (a) they are inactive accounts,(for six months) (b) if Augmont decides to discontinue the scheme. In such an event, Customers will be required to redeem and / or sell-back their gold holdings. In the event the Customer chooses not to respond, then Augmont reserves the right to repurchase the gold holding of the Customer, at the then prevalent live sell-back price.
  20. Any Gold lying in vault, and business deposit is non transferrable unless specifically allowed by Augmont. However in case of death or insanity, Augmont shall transfer such Gold, and advance balance to Your legal heir(s) after the required due diligence and Your legal heir(s) shall be regarded as the registered user thereafter.
  21. The Customer will not be entitled to redeem the Gold if the zip code of delivery address is outside serviceable areas. At time of redemption the Customer will be required to provide full delivery address.
  22. All redeemable products selected for delivery by Customer for redemption, shall be delivered within India as per instructions of the Customer through our/Life Viva’s logistics partners. All deliveries where applicable shall be made on a best efforts basis, and while Augmont/Life Viva will endeavor to deliver the products on the dates intimated, Augmont/Life Viva disclaims any claims or liabilities arising from any delay in this regard.
  23. The logistics partner will make a maximum of three attempts to deliver Your order. After three attempts gold coin will be delivered back to Augmont and Customer will need to put the fresh request for the redemption.
  24. Augmont/Life Viva shall not be liable / responsible, in any manner whatsoever, for any loss / liability arising out of or relating to any technical failure / issue in Platform and / or acts / omission not attributable to Augmont/Life Viva.
  25. Notwithstanding anything contrary contained herein, the service, the interface and API work, and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical, typographic, or other errors, oversights, mistakes, limitations, delays, service interruptions, including, without limitation, as may be due in whole or in part to, related to or arising out of (i) computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure event , government / regulatory actions, orders, notifications etc. and / or and acts and omissions of third parties etc. affecting or impacting the service, the interface or the API work, its information and data, or such communications. Customer acknowledges and agrees that Augmont/Life Viva is not responsible or liable whatsoever for delays, failures, or other loss due to, caused by or resulting from any such problems, in whole or in part. If your GAP account is over credited or wrongfully credited / debited, then Augmont/Life Viva has right to reverse / cancel without notice or require cancellation / reversal of such transaction at its sole discretion and debit / credit the gold to / from your GAP account, as the case may be. Augmont/Life Viva shall not be liable for any wrong transfer of Gold by you to another GAP account (including but not limited to transfer to a different user / customer etc.) and the gold grams shall not be reversed to you in case of an erroneous transfer and / or in case the transferee has already transacted the Gold transferred.
  26. Upon Augmont confirming the purchase, redemption, sale-back of Gold in his / her GAP account by Customer, the order / request of Customer to purchase / redemption / sale-back / transfer, as the case may be, shall be binding on the Customer and cannot be cancelled.
  27. The Customer shall inform immediately, in any case no later than [30] days of the transaction, of any irregularities or discrepancies that may exist in his/her GAP account, failing which it shall be deemed that there is no error or discrepancies in the GAP account. All records maintained by Augmont/Life Viva, in electronic or documentary form of the instructions of the Customer and such other details (including, but not limited to payments made or received) pursuant to the Terms, shall as against the Customer, be deemed to be conclusive evidence of such instructions.
  28. The Customer understands and acknowledges that any purchase, redemption, sale-back or transfer from / to GAP account will be on instructions received by the Customer, and the Customer will not violate any applicable laws or regulations for the time being in force in or outside India. The Customer shall be responsible for complying with applicable laws in respect of purchase, redemption, sale-back to and from the GAP account including but not limited to the Prevention of Money Laundering Act, 2002, the Prohibitions of Benami Property Transactions Act, 1998, Income Tax Act, 1961 etc including amendment thereof. Customer also agrees and undertakes that he /she will not open any account/GAP account in the name of any minor. Augmont/Life Viva will not be liable in any manner in this regard.
  29. The Customer feedbacks pertaining to products shall be deemed to be non-confidential and non-compensatory in nature. Augmont/Life Viva reserves the right, at its sole discretion to use such information for its internal purposes.
  30. In the event of termination / expiry of Augmont’s arrangement with Life Viva or otherwise at any point of time, Augmont and/or Life Viva may notify You to sell back Your Gold balance to Augmont or migrate Your GAP account to an alternative platform and continue with GAP account on such alternative platform (as decided by Augmont/Life Viva).
  31. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Delhi shall have exclusive jurisdiction in respect of any matters arising therefrom.
  32. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
  33. Waiver: Any failure or delay by Life Viva/Augmont to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by Life Viva/Augmont of that provision or right. The exercise of one or more of a Life Viva/Augmont’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Augmont/Life Viva under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of Augmont/Life Viva.
  34. Force Majeure: If performance under these Terms by Life Viva/Augmont is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Life Viva/Augmont and could not have been prevented by reasonable precautions then the Augmont/Life Viva shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Life Viva/Augmont of its obligations herein.
  35. Absence of relationship: You represent and warrant to Life Viva/Augmont that You have sufficient experience and knowledge to make informed decisions to purchase/ redeem/ sale-back Gold/Redeemable Products. You acknowledge that You are making all of Your own decisions in connection with purchases or redemption or sale-back and that You have not relied on any information made available by Life Viva/Augmont, and that Life Viva/Augmont is not making any recommendation with respect to such purchases/redemption/sale-back/ of Gold/redeemable products. No relationship other than seller-purchaser, including, without limitation, any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, exists between You and Augmont. Further, these Terms do not constitute any agent-principal relationship, any advisor-advisee relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship between You and Life Viva.
  36. Electronic Order Risks: Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet-based order entry. You acknowledge that the order entry system is an electronic mechanical system and as such may be subject to failure beyond the control of Life Viva/Augmont. Therefore, Life Viva/Augmont shall not be responsible for errors, negligence, inability to execute orders, delays in transmission, delivery or execution of order due to breakdown or failure of transmission or communication facilities, or to any other cause beyond Life Viva/Augmont’s control or anticipation. You acknowledge that pricing or typographical errors may occur and that therefore, in the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Life Viva/Augmont reserves the right, at our sole discretion, to refuse or cancel or reject any orders placed for the products. Furthermore, Augmont/Life Viva reserves the right to deny refuse or cancel or reject any orders placed in case of market volatility and/ or unusual circumstances or conditions. This includes, without limitation, unexpected unavailability of product/Gold.
  37. Customer responsibility for taxes, tariffs and duties: You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be incurred as a result of purchase/redemption/ of Gold/redeemable products. Life Viva/Augmont will only collect taxes, tariffs and duties on transactions to the extent explicitly required by law. It is Your responsibility to be aware and properly address any taxes, tariffs and duties to which You may be subject by any local, state and/ or federal governments. If You have any questions about taxes, tariffs and duties, You should consult a tax or other professional about Your unique circumstances. Life Viva/Augmont does not represent to provide advice or recommendations about Your specific taxes, tariffs and duties and any statements made by us are only for the purpose of raising issues for You to discuss with Your tax or other professional.
  38. Indemnification: Customer hereby agrees to indemnify and keep Life Viva indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses, directly or indirectly, whatsoever (‘Losses’) which Life Viva or its employees, agents, workers or representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of:
    1. the usage of the Platform by the Customer;
    2. by reason of Augmont ‘s acting in good faith and taking or refusing to take or omitting to take action on the Customer’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Customer;
    3. breach or noncompliance of the Terms and relating to the GAP account; and/or
    4. fraud or dishonesty relating to any transaction by the Customer. Without prejudice to the foregoing, Life Viva shall be under no liability whatsoever to the Customer in respect of any loss or damage arising directly or indirectly out of: (i) Effecting transaction based on instructions received from Customers, (ii) The instruction of a Customer to transfer Gold from his / her GAP to another GAP, (iii) The exercise by Augmont of its right to terminate / exercise the facility/services provided on the Platform, (iv) Any injury to the credit, character and reputation of the Customer due to use of facility/ services on the Platform, (v) Any misstatement, misrepresentation, error or omission in any details disclosed by Life Viva if it receives any process, summons, order, injunction, execution distrait, levy lien, information or notice which Life Viva in good faith believes/ calls into question the Customer’s ability, or the ability of someone purporting to be authorized by the Customer, to make the transfer.
  39. Augmont/Life Viva may, at its option and without liability to the Customer or such other person, decline to allow the Customer to obtain any portion of his gold/ product, or may handover such gold/product over to an appropriate authority and take any other steps required by applicable law.
  40. Disclaimers and limits of liability: Life Viva does not make any representations, recommendations, projections, warranties or guarantees of any kind, either expressed or implied, as to the performance of the Gold/Redeemable Products with respect to future prices or any return on investment. Life Viva will not be liable to any Customer (including but not limited to Transferee) for any losses caused by or relating to transfer/deposit of Gold to GAP account of any other Customer. Life Viva explicitly urges to all its Customers to inspect the package with the gold product (“Package”) for any damage or tampering before receiving or signing for receipt. Any complaint / issue with respect to the quantity, make, quality etc., of the product/gold product delivered to a Customer(s) must be raised by the Customer(s) within a period of 7 days from the date of delivery. Life Viva/Augmont will not be liable for any loss or damage caused if the Customer accepts Package in spite of it being damaged or tampered. If You find any tampering, do not accept Package and return the same. The duty to verify the Package for any damages or tampering is of the Customer and if the Customer accepts the Package and later comes to know of any damage or tampering, Life Viva/Augmont shall not be liable for any loss or damage to Customer. If such loss is later reported and approved by logistics partner and insurance company, the limit of liability shall be restricted to the amount paid by the logistic partner for such loss or damage in transit as per their terms and conditions and the same shall be binding upon the Customer.
  41. You acknowledge that Life Viva will not be liable to You or any other person for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability. In no event will Life Viva or any of its directors, employees total liability to You for all damages, losses, liabilities and causes of action under these Terms and the facility/ services provided by Life Viva collectively exceed total amount paid by You, if any, for access to that particular products or services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  42. You expressly agree that use of the Platform is at your sole risk. While we/Life Viva will take all reasonable precautions to ensure uninterrupted and error-free operations, your access and use of the Platform is at your sole risk. The service is provided on an “as is” and “as available” basis. We/Life Viva and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Augmont/Life Viva be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
    1. The use or the inability to use our services or access content,
    2. The cost of procurement of substitute goods and services resulting from transactions entered into through or from the Platform,
    3. The unauthorized access to or alterations of your transmissions or data,
    4. Statements or conduct of any third party on the service, or
    5. Any other matter relating to any service or product offered, delivered or agreed to be delivered, even if Augmont/One 97 has been advised of the possibility of damages.
  43. You declare that You are an individual not having registration and neither required to take registration under Central Goods and Service Tax Act 2017, State Goods and Service Tax Act 2017, Integrated Goods and Service Tax Act 2017 and Union Territory Goods and Service Tax Act 2017.
  44. You declare that gold You are selling was previously owned by You for personal use.
  45. You declare that You are not an unregistered dealer of gold and silver or any other precious metal ornament or any related product.
  46. If there has been any misrepresentation by You, You would be solely responsible for all types the tax, interest and penalty due to the government at any given point of time.
  47. Except where noted otherwise, the prices displayed for products on the Platform represents the value of the respective product. For certain transactions, you shall bear fees and charges in addition to payment for prices displayed on the Platform. Such additional fees and charges shall be as are stated on the Platform. Please pay attention to the details of your transactions, because your total price for a transaction may include taxes, fees and shipping costs, which you are responsible for paying.

Please read these terms of use carefully.

By accessing the Life Viva Platform and agreeing to initiate/opt for Gold Savings Plan, you agree to be bound by the terms of use below. These terms of use are subject to change. Any changes will be incorporated into the terms of use posted to Life Viva Platform from time to time. If you do not agree with these terms of use, please do not access/initialize/opt-for Gold Savings Plan.

Dispute Resolution

If any dispute, controversy or claim arises under this Agreement or in relation to any Life Viva Service or the Life Viva Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Life Viva may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or Life Viva may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or Life Viva (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Life Viva may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Life Viva. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Life Viva must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

Disclaimer for donations

  • Customer/user can donate to selected shrines/place of worship/NGO/trust through Life Viva Platform using a number of payment methods such as Life Viva wallet/credit/ debit cards/internet banking.
  • While availing donation services from Life Viva Platform the Customer/user expressly agrees and affirms that:
    • This contribution is made from my own funds, and funds are not being provided to me by another person or entity for the purpose of making this contribution.
    • I am at least eighteen years of age.
    • I am making this contribution with my own personal card/funds and not with a corporate or business card/funds or any card/funds issued to another person.
  • Any donation amount transferred erroneously or for any other reason by the Customer to any shrine/place of worship/NGO/trust shall not be refunded to the Customer by Life Viva in any circumstances.
  • Life Viva reserves the right to modify or discontinue, temporarily or permanently the donation facility with or without notice at any time.
  • Customer/user agrees to act in a responsible and legal manner when using the Life Viva Platform. Customer/user shall comply with all applicable laws, rules and regulations and undertake not to use Life Viva Platform for any unlawful purpose or in a manner which is likely to cause harm or offense to any other user, shrines, place of worship, NGO, trust and/or Life Viva.
  • Life Viva’s website/mobile application contains links to other websites, Customer/user agrees that when they click on any of such links for making donations, he/she will be entering another website for which Life Viva/Life Viva has no responsibility. We encourage/advise you to read and agree the privacy statements on all such websites as their policies/terms & conditions may be different from Life Viva/Life Viva, prior to making any donations.
  • Life Viva disclaims any accountability, legal, losses/damages or else, that might arise because of the act, omission or otherwise of any Customer/user on its website/mobile application, or caused by the same. Customer/user expressly admits that Life Viva is only a “payment facilitator & intermediary” for making donations, and as such, stands indemnified from any accountability that might arise because of the same. Customer/user moreover acknowledges that visiting/using Life Viva website/mobile application is an implicit reception/confirmation of this disclaimer on their part.
  • Customer/user hereby expressly agrees to abide by all the terms and conditions applicable to Life Viva Wallet Services provided in the applicable terms & conditions section of the Life Viva website/mobile application.
  • Customer agrees and confirm that Life Viva shall not have any responsibility/liability in case tax exemption is denied to the Customer/user by any tax authority due to whatsoever reasons and Customer/user shall not raise any dispute/claim against Life Viva. In such an event Customer/users shall approach the respective shrines/place of worship/NGO/trust for any query/claim.
We collect and generate various data points about you.
Data by which you are identified is termed as “Personal Data”. Personal Data does not mean information that is freely available or accessible in public domain.
Your Privacy is of utmost importance to us and protection of your Personal Data is a key commitment for us.
We are governed by the provisions of applicable law in India including the Information Technology Act 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 to maintain the privacy of your Personal Data.

I. Personal Data

Personal Data we may collect from you are as under:
1. Personal details (e.g. name, contact details including, residential address, date of birth, documents such as identity card / passport details / Aadhaar details / PAN / Voter ID / driving license, and/or education details) provided by you to us to avail various products/services from us.
2. Your details including transaction history, balances, payment details, for effecting transfer of monies through various payment channels provided by us.
3. financial details (e.g. income, expenses, and/or credit history) needed as part of request for some of our products/services;
4. images of documents/ photos required to avail any of our products/services.
5. voice recordings of our conversations with our customer care agent with you to address your queries/grievances;
6. employment details (e.g. occupation, positions held, employment history, salary and/or benefits) as part of our record retention for credit/various product evaluations or required under applicable law including Prevention of Money Laundering (Maintenance of Records) Rules, 2005
7. specimen signature(s) for processing of your instructions received by us through our various payment and delivery channels;
8. opinions provided by you to us by way of feedback or responses to surveys;
9. information obtained from your mobile device by way of using our app like device location, communication information including contacts and call logs, device information (including storage, model, mobile network), transactional and promotional SMS/app notifications.

II. Sharing of your Personal Data

Any Personal Data that we have access to shall never be shared without your consent.
In various processes / submission of applications / availment of product/service offerings, we even seek your explicit consent to use / share your Personal Data.
In our business and operational processes, we only share the data on a partial and “need-to-know” basis to designated personnel or partners or service providers.
We will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/service providers acting on our behalf (as the case may be) in following cases:
1. only for enabling the provision of the products/services availed by you, strictly on a “need to know” basis and subject to applicable laws.
2. it is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request.
3. it is required by financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.

III. Usage of Your Personal Data

We use your Personal Data in our business activities for providing our or our partners’ products/services and to perform, among other actions, the following:
1. to facilitate the transactions or report on these transactions;
2. to undertake research and analytics for offering or improving our products/services and their security and service quality;
3. to check and process your requirements submitted to us for products/services and/or instructions or requests received from you in respect of these products/services;
4. to share with you, updates on changes to the products/services and their terms and conditions;
5. to take up or investigate any complaints/claims/disputes;
6. to respond to your queries or feedback submitted by you;
7. to verify your identity for us to provide products/services to you;
8. to carry credit checks, screenings or due diligence checks as lawfully required by us;
9. to monitor and review products/services from time to time;
10. to undertake financial/regulatory/management reporting, and create and maintain various risk management models;
11. for conducting audits and for record keeping purposes;
12. for selective offers and promotions.
External processing: We may provide your personal information to our affiliates or other trusted businesses or persons or service providers engaged by us, or institutions that we partner with to assist us with providing you with products/services to better serve your needs and interests, based on your instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
We also use your Personal Data to fulfill the requirements of applicable laws/regulations and/or court orders/regulatory directives received by us.

IV. Purging of your Personal Data

1. You may delete your Life Viva account at any point of time by making such choice in the Life Viva’s desktop website, mobile WAP site or mobile application. With this we will no longer provide your data for external processing as mentioned above. However, we retain your Personal Data as long as the purpose for its usage exists, after which the same is disposed off by us except for any record retention required as per applicable law.
2. The provisions of various laws require your transaction logs to be stored for longer periods post the deletion of an account. Further, in the event of the pendency of any legal/regulatory proceeding or receipt of any legal and/or regulatory direction to that effect, we may be required by the law of the land to retain your Personal Data for longer periods.

V. Cookie Policy

1. Please note that a “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser.
2. We may use cookie and tracking technology depending on the features offered.
3. No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.

VI. Links to other websites

Our website may contain links to other websites which are not maintained by us. This privacy policy only applies to us. You are requested to read the other websites’ privacy policies when visiting these websites.

VII. Reasonable Security Practices and Procedures

We take various steps and measures to protect the security of your Personal Data from misuse, loss, unauthorised access, modification or disclosure. We use latest secure server layers encryption and access control on our systems. Our safety and security processes are audited by a third party cyber security audit agency from time to time.
We have provided multiple levels of security to safeguard your app by Login/Logout option and AppLock feature that can be enabled by you. We also ensure the device binding so that the same login cannot be used on different device without any additional authentication/OTP. Please do not share your Life Viva login, password and OTP details with anybody.

VIII. Contact us

You may contact us on any aspect of this policy or for any discrepancies/grievances with respect to your Personal Data, by writing to our Grievance Officer at Life Viva Wellness Pvt Ltd. SHOP NO-2,SHRI KRISHAN COMPLEX UTTAM NAGAR REWARI - 123401.

IX. Policy Review & Updates

This policy will be reviewed by us as and when required and the same may change at any time. The latest & most updated policy can always be found at lifevivawellness.in
While we will make reasonable efforts to keep you posted on any updates to this privacy policy, to make sure that you are aware of any changes, we recommend that you review this policy periodically.
This Privacy Policy shall apply uniformly to Life Viva’s desktop website, mobile WAP site & mobile applications
In this policy, the words “we”, “ours” and/or “us” refer to Life Viva Wellness Pvt. Ltd. and “you” and/or “your” refer to our customers.

Customer grievance redressal policy – Life Viva Wellness Pvt. Ltd. (“Life Viva”)

 

Introduction and Objectives

This policy outlines a structured grievance redressal mechanism available to customers and merchants for escalating their complaints with Life Viva. Life Viva will deal with all customer complaints in transparent and timely manner

Redressal mechanism for grievances raised over chat / app / email / phone

Escalation matrix Level 1 (Queries)
For in-app payments (recharges, utility bills), and postpaid
  • Online queries in Life Viva app (https://www.lifevivawellness.in/)
    First response time – 2 working days
    Final resolution time – 4 working days
  • Helpline :- 8094959220. Final resolution time – 4 working days
If Life Viva needs additional time for any case, same will be informed to customer along with reason of delay and expected resolution timelines

For payments done by customers through Life Viva on other websites / apps/stores/shops
Kindly contact your merchant customer care for service / product delivery and quality issues. In case of payment being failed or not acknowledged by merchant, kindly contact your bank customer care

For merchants accepting payments through Life Viva for their websites / app/stores/shops
  • Online queries in Life Viva merchants dashboard (https://www.lifevivawellness.in/)
    First response time – 2 working days
    Final resolution time – 4 working days
  • Helpline – 8094959220
    Final resolution time – 4 working days
If Life Viva needs additional time for any case, same will be informed to customer along with reason of delay and expected resolution timelines


TERMS & CONDITIONS PRIVACY

Physical Goods Marketplace – Terms & Conditions

Please read the following terms and conditions (“T&Cs”/”Agreement”) carefully before registering on, accessing, browsing, downloading or using the Life Viva E-commerce website located at lifevivawellness.in, or the Life Viva mall/Life Viva mobile application, Life Viva WAP, Life Viva IVR or any similar platform (hereinafter collectively referred to as, the “Life Viva Platform”) run by Life Viva E-Commerce Private Limited, having its registered office at Rewari (hereinafter collectively, “PEPL”/”Life Viva E-commerce”/”Life Viva mall”), on any device and/or before availing any physical goods marketplace related services offered by Life Viva E-commerce on the Life Viva Platform (hereinafter individually, “Life Viva Marketplace Service” and collectively, the “Life Viva Marketplace Services”).

A. Eligibility

The Life Viva Marketplace Services are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed by Life Viva E-commerce from availing the Life Viva Marketplace Services or accessing the Life Viva Platform. By accepting the T&Cs or by otherwise using the Life Viva Marketplace Services on the Life Viva Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Life Viva E-commerce, or disqualified for any other reason, from availing the Life Viva Marketplace Services or using the Life Viva Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Life Viva E-commerce reserves the right to suspend or permanently prevent you from availing Life Viva Marketplace Services or using the Life Viva Platform.

B. Life Viva Marketplace Terms and Conditions

The T&Cs in relation to the online marketplace service on the Life Viva Platform set out below are applicable to and binding on you in conjunction with the general T&Cs and the SSOID terms and conditions already accepted by you. Each T&C or the SSOID term or condition is applicable to and binding on you, or any of your activities on the Life Viva Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to Life Viva Marketplace Services or Life Viva Platform.
Life Viva E-commerce is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Life Viva E-commerce offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Life Viva Platform. The actual contract for sale is directly between the Merchant and you. Life Viva E-commerce provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Life Viva E-commerce may help facilitate the resolution of disputes through various modes. Life Viva E-commerce has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Life Viva E-commerce does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Life Viva E-commerce, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
  • Life Viva E-commerce, through the Life Viva Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Life Viva E-commerce is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
  • Life Viva E-commerce may offer delivery services through its logistics/courier partners for some of the products on the Life Viva Platform as per Life Viva E-commerce’s T&Cs, which may be changed by Life Viva E-commerce without any notice to you.
  • Life Viva E-commerce is not a warrantor of the products/ services being offered on the Life Viva Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Life Viva E-commerce gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
  • The price of products offered on the Life Viva Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Life Viva Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner.Life Viva E-commerce is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Life Viva Platform. Life Viva E-commerce is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Life Viva E-commerce will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
  • The Life Viva Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Life Viva E-commerce. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Life Viva E-commerce does not provide any guarantee with respect to any of the Third Party Content and Life Viva E-commerce shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
  • Cancellation
    • Cancellation by Life Viva E-commerce: There may be certain orders that Life Viva E-commerce’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Life Viva E-commerce’s credit and fraud avoidance department or due to any major technical snag. Life Viva E-commerce may also require additional verifications or information before accepting any order. Life Viva E-commerce will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Life Viva E-commerce.
    • Cancellation by the customer: In case of requests for order cancellations, Life Viva E-commerce reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Life Viva E-commerce receives a cancellation notice and the order has not been processed/ approved by Life Viva E-commerce, Life Viva E-commerce shall cancel the order and refund the entire amount to you instantly. Life Viva E-commerce will not be able to cancel orders that have already been partially or fully processed. Life Viva E-commerce has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Life Viva E-commerce and accept Life Viva E-commerce’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
  • Life Viva E-commerce reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Life Viva E-commerce as per certain criteria. Any Life Viva E-commerce promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:
    • Products ordered are not for self-consumption but for commercial resale;
    • Multiple orders placed for same product at the same address;
    • Bulk quantity of the same product ordered;
    • Invalid address given in order details; or
    • Any malpractice used to place the order.
    Promo codes shall be subject to specific terms and conditions, from time to time, and Life Viva E-commerce may disallow usage which breaches such terms and conditions.
  • Delivery of the Product: Your shipping address and pin code will be verified with the database of Life Viva E-commerce for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Life Viva E-commerce, in such cases Life Viva E-commerce will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Life Viva E-commerce would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and Life Viva E-Commerce shall be not be held responsible in case the address shared was incorrect.
  • Return Policy
    • In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
    • Upon receiving your complaint, Life Viva E-commerce shall verify the authenticity and the nature of the complaint. If Life Viva E-commerce is convinced that the complaint is genuine, Life Viva E-commerce will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Life Viva E-commerce reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Life Viva E-commerce in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Life Viva E-commerce shall not in any manner be held liable for the same.
    • Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Life Viva E-commerce requests you to refuse to accept delivery and inform Life Viva E-commerce at the earliest. The return process of the product may be restricted by Life Viva E-commerce depending on the nature and category of the product.
    • In order to return any products sold through the Life Viva Platform, you are required to comply with the following conditions:
      • For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
      • Please notify Life Viva E-commerce of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Life Viva E-commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
      • Life Viva E-commerce will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Life Viva E-commerce is unable to do so, Life Viva E-commerce will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Life Viva E-commerce;
      • Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
      • Life Viva E-commerce offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Life Viva E-commerce to place the return shipping costs on your invoice;
      • It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
      • The returned products are subject to verification and checks by Life Viva E-commerce in order to determine the legitimacy of the complaint/ return;
      • In the event the return of a product is duly accepted by Life Viva E-commerce, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Life Viva E-commerce will credit your refunds directly into Life Viva Wallet account/source of payment. Refunds will be subject to the following:
        • Orders paid online will be refunded instantly through the Life Viva Wallet/source of payment;
        • For Cash on Delivery payments also the amount will be refunded into your Life Viva Wallet/source of payment;
        • You can trigger a request in your Life Viva Wallet to transfer the money from your Life Viva Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to Life Viva E-commerce.
      • A promo code, once used, shall not be refunded in case of cancellation of order either by you or Life Viva E-commerce.
  • By accepting the Marketplace Terms here and the T&Cs in general, you accept that Life Viva E-commerce may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Life Viva Marketplace Service/Life Viva Platform or to any such number/e-mail address replaced and informed by you subsequently.
  • Content: Content on the Life Viva Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Life Viva E-commerce tries to offer reliable data, Life Viva E-commerce cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
  • Limitation of liability and waiver: In no event, Life Viva E-commerce or its Merchants, sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the SSOID Agreement; (iii) the Life Viva Marketplace Services, the Life Viva Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Life Viva Marketplace Services, the Life Viva Platform (including any and all materials) or any reference sites/app/platform/service, even if Life Viva E-commerce or a Life Viva E-commerce authorized representative has been advised of the possibility of such damages. In no event, Life Viva E-commerce or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Life Viva Marketplace Services, the Life Viva Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Life Viva Marketplace Services, the Life Viva Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Life Viva E-commerce, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Life Viva Marketplace Service or the Life Viva Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Life Viva E-commerce has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Life Viva E-commerce, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Life Viva E-commerce. Life Viva E-commerce would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Life Viva E-commerce’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Marketplace Terms.
  • Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Life Viva Marketplace Service or the Life Viva Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Life Viva E-commerce may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Life Viva E-commerce in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either you or Life Viva E-commerce may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Life Viva E-commerce (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Life Viva E-commerce may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Life Viva E-commerce. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
  • Jurisdiction and dispute resolution: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Life Viva E-commerce must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.

C. CASHBACK

Any Cashback (subject to terms and conditions therein) for sale of physical goods on Life Viva Platform is being extended by Life Viva Wellness Pvt. Ltd. (“Life Viva”) for using “Life Viva Payments” on marketplace run and operated by Life Viva E-Commerce. Cashback can be used to pay for anything on Merchants accepting “Life Viva payments” platform.
Disclaimer: Life Viva cash used in Life Viva Wallet is a semi closed payment instrument and may be used for the purchase of third party products or may be transferred to the person’s bank account.

D. GOLDBACK

Any Goldback (subject to terms and conditions therein) is being extended by Life Viva Wellness Pvt. Ltd. for using “Life Viva Payments” on marketplace run and operated by Life Viva E-Commerce. For details and FAQ on Life Viva Gold, please visit – https://www.lifevivawellness.in/

E. Quick Response (“QR”) Code based sales through Merchant’s brick and mortar stores (“Stores”)

  • Order processing mechanism:
    • Customer physically visiting the Store will choose the product and scan the QR code through ‘Life Viva Mall’ mobile application to initiate the sale transaction.
    • Customer shall apply the promo code as displayed to the Customer on Life Viva mobile application upon his/her choice of this payment method, on the Platform and on successful application of the same, the Customer will get a pick up code.
    • Merchant shall confirm the pick up code with the Customer.
    • Merchant shall physically deliver the product to the Customer by hand together with invoice. There will be no role of Life Viva E-Commerce or any courier partner.
  • Customer shall have the option of making the payments for such products through wallet/Payment Gateway/Cash.
  • Merchant shall complete the sale transaction upto full satisfaction of the customer and Life Viva Ecommerce shall not be liable or responsible at all.
  • In cases of sales through QR code, products will be non-returnable, non-cancelable through Life Viva Platform and all Customer’s concerns/queries/disputes like non-delivery/return/refund/replacement/repair/exchange/warranty/guarantee/usage etc. shall be resolved by the Merchant directly with the Customer. Life Viva Ecommerce shall not be held liable in any case.
  • It shall be the responsibility of the Merchant to make the Customer aware of its various applicable policies like return/refund/replacement/repair/exchange/warranty/guarantee/usage etc. and also to make the same as part of the invoice.

For Privacy Policy of Life Viva E-commerce Pvt. Ltd., please click here

TERMS & CONDITIONS GRIEVANCE PRIVACY

For the Terms and Conditions of Life Viva Payments Bank Limited, please click here

For Customer Grievance Redressal, please click here

For the Privacy policy of Paytm Payments Bank Limited, please click here