Terms and Conditions for Clayo Technologies Pvt. Ltd.
These Terms shall govern the use of services and products provided by Vibecity. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Platform which includes the Website “vibecity.in” & “vibecity.com”, the various services and the information and other materials contained therein are provided and operated by Clayo Technologies Pvt. Ltd. [CIN:U72900KA2016PTC098673], a company registered under the laws of India, having office at JRK Heights, 3rd Floor, 5th Main, 23rd Cross Rd, Sector 7, HSR Layout, Bengaluru, Karnataka 560102 (referred to as “we”, “us”, “our” or “Vibecity”). Sellers, Businesses, end customers or any one using the platform for buying, selling, listing the products or services are referred to as “users”.
Any person, who visits our Platform, inquires about or purchases or sells any products or services of Vibecity through our Website, mobile applications, sales persons, officers, call centers,or any of the other Sales Channels, agree to be governed by these Terms.
If you do not agree with any part of this Agreement, then you must not avail Vibecity's services and must not access or approach the Sales Channels of Vibecity. All rights and liabilities of the Users (Sellers and Customers) and Vibecity with respect to any services or product facilitated by Vibecity shall be restricted to the scope of this Terms.
Role Of Vibecity
Vibecity acts as a facilitator by connecting Users (sellers, businesses and customers). We provide a platform for ordering products and services. By making a booking, User understands the ultimate liability rests on the respective seller and not Vibecity. Thus the ultimate contract of service is between User and sellers.
The Terms grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this Terms. The User agrees not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever.
The Platform is meant to be used by bonafide User for a lawful use.Access to certain features of the Platform may only be available to registered User. While registering for our Platform, you will have to submit certain mandatory information. User represents and warrants that all information supplied to Vibecity is true and accurate.
Our services are only for User who are at least 18 years of age and must be capable of contracting as per the Indian contract act. If you are below 18 years of age, please do not register for our Platform. You can ask a person of legal contracting age (legal guardian or parents) to use the Platform.
We reserve the right to block User access to the Platform if it is discovered that the User are a minor or incompetent to contract according to the law or any information pertaining to your age and other details entered at the time of creation of account is false.
Vibecity shall not be held liable for any incidental loss or damage that may arise from the order made by any such persons.
Vibecity will send the User electronic communication during the time you use our services. The User hereby authorizes Vibecity to contact them for updates on the services (order confirmation, order information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or order/booking made by the User) or for feedback on various services offered by Vibecity.
We may also contact the User for any pending or failed order/booking, to know their preference for concluding the order/booking and also to assist the User with the same. We may also contact the User for sending marketing or promotional communication/messages, the User expressly consents for the same.
Such information, updates and feedback may be communicated through emails, telephone calls, SMS, Whatsapp or any other medium from time to time.
The consent under this section shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences. The User expressly agrees that such communication is 'transactional' and relevant to the user.
The User shall not write or send any content to Vibecity which is, or communicate with Vibecity using language or content which is:
- abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
- contrary to any applicable law;
- violates third parties' intellectual property rights;
- a spam; or
- in breach of any other part of these Terms.
This Website is provided "as is," with all faults, and Clayo Technologies express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
All content provided on the Platform are registered by Vibecity and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User shall not distribute, exchange, modify, sell or transmit any Content from the Platform, for any business, commercial or public purpose. User may not use any proprietary logos, service marks, or trademarks which are displayed in our website in any manner. We are not granting the User a license, right or authority to utilize any Content, proprietary logos, service marks, or trademarks displayed in our website.
Any information which is specifically mentioned by Vibecity as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties herein.
The Platform may contain links to third party websites. Vibecity does not control such websites and is not responsible for its contents, or any changes or updates to such sites. If a User accesses any third-party website, it shall be done entirely at the User's risk and Vibecity shall assume no liability for the same.
Vibecity does not endorse any advertisers on its Platform, or any linked sites in any manner. The User are requested to verify the accuracy of all information provided on the third-party web pages.
Vibecity will always make its best endeavors to ensure that the content on its Platform is free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Platform or any other Sales Channel is done entirely at the User's own discretion and risk. They will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information. User is requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is in violation of any applicable law (hereinafter referred to as “abusive content”). User shall not post or submit any abusive content on the Platform. In case you notice any intellectual property rights infringement on the Platform, you may send us a written notice/ intimation to email@example.com. On receiving such a report, Vibecity reserves the right to investigate and/or take such action as we may deem appropriate. User shall not distribute, exchange, modify, sell or transmit anything from the Platform, for any business, commercial or public purpose. This includes but is not limited to any text, images, audio and video from the Platform.
LIMITED LIABILITY OF Vibecity
Vibecity's liability is limited to providing the User with a confirmed order as selected by the User. However, even such confirmed orders may be cancelled by the seller.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. Vibecity will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
With respect to the services provided by the Service Provider, please note that Vibecity:
- assumes no liability for the standard of their services
- provides no guarantee with regard to their quality or fitness as represented
- doesn't guarantee the availability of any services as listed by them.
Our services are provided on an "as is" and "as available" basis. Vibecity may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice.
Vibecity expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Vibecity or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
In any event, the maximum liability of Vibecity in any circumstances is limited to the amount spent by the User for a particular order/booking
Users are advised to check the description of the services and products carefully before making an order. User(s) agree to be bound by all the conditions as contained in order/booking confirmation or as laid out in the confirmed order/booking voucher. These conditions are also to be read in unison with the Terms.
If a User intends to make an order on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Agreement, including all rules and restrictions applicable. Also to inform Vibecity for the same.
The User agrees that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services.
The User further agrees that they will comply with all applicable laws and regulations of the concerned jurisdiction regarding use of the services for each transaction. The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Vibecity cannot be held responsible for the same.
User expressly undertakes to provide Vibecity with correct and valid information while making use of the Platform under these Terms, and not to make any misrepresentation of facts. Vibecity shall not be liable for any liability, loss or damages that shall arise due to misrepresentation of facts by the User. Any default on part of the User would disentitle the User from availing the services from Vibecity.
Security and Account related information
While registering on the Platform, the User will have to choose a password to access their account. The User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account.
The User shall not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of Vibecity. The User shall immediately inform Vibecity if such details are demanded by any of its agents' employees or representatives. Vibecity shall not be liable for any loss that the User incurs for sharing the aforementioned details.
If the user shares their login details or shares the smartphone/tablet/laptop which has been logged into Vibecity with any third party and such third party avails a service provided by Vibecity, then Vibecity shall not be liable to refund or cancel such order/booking. The user takes full responsibility for all order/booking made from their account.
It is the duty of the User to notify Vibecity immediately in writing of any unauthorized use of their password or account or any other breach of security. Vibecity will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time. The User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User's end. Vibecity cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.
The data of the User as available with Vibecity may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
If the User wants to report an issue regarding the account security, please send us an email at firstname.lastname@example.org
Fees and Payment
In addition to the cost as charged by the Service Providers, Vibecity reserves the right to charge certain fees in the nature of convenience fees or service fees. Vibecity further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from them.
In cases of short charging of the Order/ booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, Vibecity shall reserve the right to deduct, charge or claim the balance amount from the User to be paid to Vibecity. In cases where the short charge is claimed prior to the utilization of theOrder/ booking, Vibecity will be at liberty to cancel such Order/ booking if the amount is not paid before the utilization date. The User shall be liable to pay cancellation fees in such cases.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws
Any increase in the price charged by Vibecity on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
Orders(s) made by the User through Vibecity are subject to the applicable cancellation policy as set out on the Order/ booking page or as communicated to the customers in writing. Refunds, if any, on cancelled Order/ booking will always be processed as per these Terms.
Vibecity may provide at its sole discretion, the facility to transact through an online Vibecity Wallet to its registered User. By choosing the option to maintain the Wallet with Vibecity, you agree to comply with the following terms and conditions.
The cash equivalent balance available in the Wallet may be used by the User for availing services through the Vibecity Platform only.
Any promotional cash credited by Vibecity into the User's Wallet, will not be refundable into their bank account under any circumstances. On cancellation of a reservation of services provided by Vibecity, any utilized promotional cash will be forfeited. This promotional cash has an expiry date beyond which it will not be available to the User and are thus advised to use the amount lying in the Wallet within its validity period.
The maximum amount of wallet promotional cash that may be used to avail services shall be mentioned in the serviceOrder/ booking page on a case to case basis. Vibecity reserves the right to modify such percentage at its sole discretion without any prior intimation. Users are advised to read the Order/ booking offer carefully before proceeding.
The amounts lying in the Wallet are not transferable to any other Wallet of the same or different User.
The option of keeping the refund amount in Wallet is available only to resident Indians only. Also the amount lying in the Wallets are not available for transactions in foreign currency.
The value stored in the User's Wallet shall NOT be refunded under ANY circumstances and may only be utilized to make payments for bona fide Transactions. No interest will be payable by Vibecity on the available balance reflected on the Wallet.
Vibecity reserves the right to suspend/discontinue Wallet scheme to the User at any time, for any cause, including, but not limited to, any violation of the Terms and Conditions mentioned herein by the Wallet user or complying with any rules, regulations, orders, directions, notifications issued by any regulatory authority.
The present form and format of the Wallet, issued by Vibecity to its Customers, is modelled on a closed system prepaid payment instrument.
There can be circumstances where Vibecity and / or the Service Providers may be unable to honor the confirmed Order/ bookings due to various reasons like act of God, pandemic, labor unrest, insolvency, business exigencies, government decisions,change in law, terrorist activity, any operational and technical issues, route etc. or any other reason beyond the control of Vibecity, Vibecity shall not be bear any liability towards such unhonoured Order/ bookings.
The User agrees that Vibecity being merely a facilitator of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of Order/ booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Vibecity's obligation shall be limited refunding theOrder/ booking amount (in cash or Wallet), if any, received from the customer. Such refund is dependent on Vibecity receiving the refund from the Service Provider. Such refund shall completely discharge Vibecity from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
Right to Refuse
Vibecity at its sole discretion reserves the right to not accept any order without assigning any reason thereof. Vibecity has no obligation to provide any service until the entire consideration is received by us.
Once a User has been suspended or terminated, such User shall not register or attempt to register with Vibecity with different credentials, or use the Platform in any manner whatsoever until such User is reinstated by Vibecity. We are under any obligation to refund any amount received from such suspended users. Vibecity may at any time in its sole discretion reinstate suspended User.
If a User breaches these Terms, Vibecity reserves the right to recover any amounts due to be paid by the User to Vibecity, and to take appropriate legal action as it deems necessary. In addition to other remedies and recourse available to Vibecity under this Terms or under applicable law, Vibecity may limit the User's activity, warn other user of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Platform if:
- The User is in breach of the Terms; or
- Vibecity is unable to verify or authenticate any information provided by the User; or
- Vibecity believes that the User's actions may infringe on any third-party rights, breach any applicable law or otherwise result in any liability for the User, other user of Vibecity, or Vibecity itself.
Right to Cancel
If we discover or have reason to believe that at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User is not correct or that any fact has been misrepresented by that User, Vibecity shall be entitled to appropriate legal remedies against the User, including cancellation of the order, without any prior intimation to the User. In such an event, Vibecity shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the order/booking, as a consequence of such cancellation of order/booking or services.
In case Vibecity discovers or has reasons to believe If any judicial, quasi-judicial, investigation agency, government authority approaches Vibecity to cancel any order/booking, Vibecity will cancel the same without approaching the concerned User whose order/booking has been cancelled.
The User shall not hold Vibecity responsible for any loss or damage arising out of measures taken by Vibecity for safeguarding its own interest or that of its genuine customers or due to government regulations. This would also include Vibecity denying or cancelling any order/booking on account of suspected fraud transactions.
- Issuance of Offer does not amount to endorsement of the products and/or services provided by sellers. Vibecity shall not be liable for any missed services, quality, defect or deficiency in the services provided by sellers.
- Offer is subject to the prevailing laws of India.
- No two offers will be in conjunction.
- All decisions pertaining to the redemption of this Offer are at the sole discretion of Vibecity.
- Offer shall not be settled with cash in lieu by Vibecity and is not transferable.
- Vibecity reserves the right at any time to change, modify, withdraw, extend or terminate this Offer at their discretion, without any prior notice and without any liability or obligation in this regard.
- The Offer is open to only end consumers and not to resellers
- You are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.
- Vibecity reserves the right to disqualify you from the benefits of this Offer, if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the said Offer.
Vibecity reserves the right to determine the eligibility and such determination shall be as per the terms of this T&C. The decision of Vibecity in this regard shall be final.
- You hereby agree to indemnify and keep Vibecity harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Vibecity as a consequence of (i) violation of terms of this T&C by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on Your part
- This T&C shall be governed in accordance with the applicable laws in India. Courts at Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under this T&C.
- Any query regarding this Offer will be entertained only by email@example.com
- Vibecity will not entertain any correspondence or communication regarding this Offer from any customer/persons.
- The Offer shall be subject to the Income-Tax Act, 1961 and all disbursements shall be subject to TDS, as applicable.
- This document is an electronic record in terms of Information Technology Act, 2000, and the Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If Vibecity has suspicion or knowledge, that any Customer is or has been involved in any fraudulent or illegal activity directly or indirectly during or after the “Offer”, Vibecity reserves the right to disqualify such users and any related users.
The User agrees, upon demand, to indemnify Vibecity (which includes its employees, and subcontractors), and keep the Vibecity indemnified, from all claims, liabilities, losses, damages, injury, costs and expenses of whatever nature asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User will indemnify Vibecity against all types of losses and damages incurred by Vibecity due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Vibecity with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
In no event shall Vibecity and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or any other Sales Channel.
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Prateek Agarwal
Designation: AVP, Engineering
Address: Prateek Agarwal, Grievance Officer, Clayo Technologies Pvt Ltd, 2nd Floor, JRK Heights, 5th Main, Sector 7, HSR Layout, Bengaluru, Karnataka, India - 560102
Email Id: firstname.lastname@example.org
Time: Mon - Sat (9:00am - 06:00pm)
Appointed as Nodal Person, to ensure compliance of the various provisions under the IT Act 2000 and the Consumer Protections Rules 2020 hereunder,
Mr. Hemant Lamoriya
Designation: AVP, Engineering
Address: Hemant Lamoriya, Clayo Technologies Pvt Ltd, 2nd Floor, JRK Heights, 5th Main, Sector 7, HSR Layout, Bengaluru, Karnataka, India - 560102
Email Id: email@example.com
Time: Mon - Sat (9:00am - 06:00pm)
Grievance Redressal Mechanism
In the event that you have a grievance or complaint regarding our terms and conditions, or concerns with respect to Our platform, its content or in relation to the services We provide, You may reach out to our Grievance Officer at the details below:
Name: Prateek Agarwal
The Grievance Officer shall redress grievances in accordance with Information Technology Act, 2000 and Rules made thereunder. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You for the purposes of redressing Your grievance.
- 'User' means any legal person or entity who is accessing, visiting our Platform or makes any inquiry about our services and to whom we are providing services.
- 'Platform' means all the various services provided by Vibecity. Also referred to as “Website”.
- 'Sales Channels' means websites, mobile applications, sales persons, officers, call centers, agents, etc.
- 'Service Providers' means third party websites and apps providing services like Airlines, hotels, cruise etc.
- 'Content' means All content provided through various Sales Channels and on the Platform including but not limited to audio, images, software, text, icons and such similar content
- 'Wallet' means the Vibecity Wallet as defined under these Terms
SEVERABILITY: If any part of these Terms is, or is found to be, unenforceable under a relevant law, that will not affect the enforceability of the rest of these Terms.
WAIVER: No waiver by Vibecity of any breach of the Terms by User shall be considered as a waiver of any subsequent breach of the same or any other provision.
HEADING: The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
NO SIGNATURE.The User acknowledges and agrees that no signature or express act is required to make these Terms binding on the User. Continued use of Platform or of our services shall mean that you are accepting these Terms.
ENTIRE AGREEMENT: The Terms shall constitute the entire agreement between the Parties in relation to the subject matter of these Terms, and shall supersede all previous agreements, arrangements, credit notes and understandings between the Parties. If there is an inconsistency between Our communications, documents etc. and these provisions of these Terms shall prevail.
JURISDICTION: If the Parties to this Agreement are unable to amicably settle any dispute arising under this agreement or in connection with this agreement, the Parties shall mandatorily attempt to resolve such dispute by way of mediation through an online mediation platform. The parties may approach the courts only after attempting meditation through an online mediation platform. This Agreement is subject to interpretation as per the laws of India, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Bangalore.
AMENDMENT TO THE TERMS: Vibecity reserves the right to change the Terms from time to time. The User is responsible for regularly reviewing the Terms.