1. INTRODUCTION

1.1. Welcome to /Udyam Flex Loan (collectively referred to as “Platform”), an offering from Vivifi India Finance Pvt Ltd (“Vivifi”, "Company", "we", "us", "our"). Vivifi is a Non-Deposit Taking Non-Banking Financial Company registered with the Reserve Bank of India. Vivifi, is not a deposit taking company, nor a chit fund, nor a company offering any investment schemes as per the rules and regulations for the time being in force in India.

1.2. The Company offers short-term loans pursuant to a written agreement between us and a customer availing unsecured business loan under which we contemplate non-commercial loans for business purposes. These loans are intended to address short-term financial needs only and are governed by the terms of the Vivifi’s Loan Agreement and the applicable laws of India.

1.3. The services We offer on or through the Platform, includes - any website/application feature, the facility to apply for and avail loans as provided under para 1.2, make service requests in relation to such loans, etc. Further, with reference to loan application the Platform also allows you to stay updated through email, SMS, WhatsApp or calls pertaining to your application, its processing and through the terms of your account with us, etc. (collectively referred to as “Services”)

1.4. Vivifi provides the Services subject to the following terms and conditions. You explicitly agree to these terms & conditions and privacy policy as listed out herein. Please read them carefully.

1.5. The following is a legal agreement (the "Agreement") between you and the Company that sets forth the terms and conditions of your use of Vivifi’s Platform. Use of the Platform is subject to your acceptance, without modification, of the Agreement. Please carefully review the Agreement before using the Platform by clicking on the button at the bottom of this document. Your use of the Platform constitutes your acceptance of all the terms, conditions, and notices contained in the Agreement. If you do not agree to these terms, you will not be able to access our Platform or avail any Services.

1.6. Your use of this Platform and any Terms and Conditions stated in this Agreement is subject to applicable laws of India. In case of any disputes arising out of the use of the Platform, the Courts of Telangana will have exclusive jurisdiction.

2. GENERAL PROVISIONS

2.1. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement shall be subject to any other agreements you have entered with Vivifi. All rights not expressly granted herein are hereby reserved.

2.2. No joint venture, partnership, employment, or agency relationship exists between you and Vivifi as a result of this Agreement or use of the Platform. Vivifi's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Vivifi's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Vivifi with respect to such use.

3. DEFINITIONS

3.1. Personal Data: Means any data about an individual, who is identifiable by or in relation to such data.

3.2. Data Fiduciary: Means any person who alone or in conjunction with other persons determines the purpose and means of processing of personal data and for the context of this Privacy Policy shall mean Vivifi.

3.3. Data Processor: Means any person who processes Personal Data on behalf of a Data Fiduciary and means any of our third parties who provide services to us on a contractual basis which includes our vendors, consultants, auditors etc.

3.4. User/You: Shall mean such individuals to whom the Personal Data relates to and includes any individual availing Services on the Platform.

4. PRIVACY POLICY

  1. Vivifi's practices and policies with respect to the collection and use of Personal Data are governed by Vivifi's Privacy Policy (i.e this Policy). Vivifi considers your Personal Data to be private and operates this Platform by keeping any collected Personal Data confidential which are collected from the Platform. Nevertheless, you understand, acknowledge, and agree that the operation of this Platform requires the submission, use, and dissemination of various Personal Data. This privacy policy informs you about how we collect, use, disclose, and store Personal Data in our role as a Data Fiduciary. Accordingly, your use of this Platform constitutes acceptance of Vivifi's collection and use practices while dealing with Personal Data.

4.1.ACCESS OF PERSONAL DATA

    4.1.1. INFORMATION COLLECTED FROM USERS

    1. To avail certain services on the Platform, Users are required to provide certain Personal Data for the registration process including, a) name, b) email address, c) phone number, d) bank details, e) business details, f) income details, g) financial details including but not limited to bank statements, h) ID proofs, i) address proofs, j) gender and any other such information as required which shall be communicated at the time the User opts for the Services through the Platform. The Information supplied by the User enables us to provide the financial services, as provided under para 1.2, improve the Platform (performance, introduce additional service requests etc.) and provide the most user-friendly experience. Further information relating to the User may also be collected from publicly available sources including social media, instances where the User has voluntarily communicated with the representative of the Company, has exchanged business cards with the Company with an intent to establish lines of communication with the Company or the User has signified such intent upon knowing about the Services offered by the Company. Vivifi may have a presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube and blogs which are promotional and business initiatives to connect to a larger group of people. The domain links contained therein may either direct you to our Platform or request your participation by way of feedback, or suggestions. Vivifi fully disclaims any liability (ies) or claim(s), that may arise by use/misuse of your feedback, suggestions, views, etc. on any of the aforementioned networking websites or blogs, by any third party whether or not known to Vivifi.
    2. The Company does not collect or store biometric data of the Users.

    4.1.2. INFORMATION IN RELATION TO AUTHORIZED PERSONS

    1. In accordance with the Digital Personal Data Protection Act, the User has the right to designate authorized individuals to communicate with the Company on their behalf in the event of the User's death or incapacity. For verification purposes, the Company may collect Personal Data from these authorized individuals, including their name, email address, physical address, among other necessary details. This information will be requested and communicated to the authorized individual when first establishing contact.

    4.1.3. CIC ENQUIRY & DISCLOSURE

    1. By agreeing to this Policy, the User provides explicit consent to the Company to share information about the User with credit information companies to obtain credit reports of the User from such credit information companies. Such reports may contain your Personal Data including your credit profile (e.g. cases of defaults if any).

    4.1.4. KYC DISCLOSURE

    1. By agreeing to this Policy, the User provides explicit consent, to the Company to access the KYC records of the User available at CKYCR. Information collected from CKYCR may consist of your KYC documents including but not limited to your masked Aadhaar, PAN number or any other Officially Valid Document as may be available on the CKYCR portal and as permitted to be collected under the applicable regulatory guidelines.
    2. By agreeing to this Policy the User provides explicit consent to us to obtain their KYC information directly from issuing authorities or obtain equivalent e-documents from the DigiLocker Portal. Further, the User by agreeing to this policy provides their explicit consent to perform Video KYC, supplemented by the submission of valid identity and address proof documentation, and storing your documents securely for identity and address verification as needed and as per the regulatory mandate. We retain the right to carry out KYC assessments periodically, or as deemed requisite, at our sole discretion, and to update your KYC data with regulatory authorities when required or requested.
    3. The Company may also perform V-CIP (Video based Customer Identification Process) and collect necessary information as required under applicable laws. By agreeing to the Policy, the user gives explicit consent to the Company for the performance of V-CIP.

    4.1.5. COLLECTION OF INFORMATION FROM ACCOUNT AGGREGATORS

    1. By agreeing to this Policy, the User provides their explicit consent to us, to collect, store and process financial information pertaining to the User from account aggregators. The financial information collected may contain Personal Data relating to the User which may include but not be limited to details as provided under para 3(1)(ix) of the RBI Master Direction - Non-Banking Financial Company - Account Aggregator (Reserve Bank) Directions, 2016.

    4.1.6. LOCATION

    1. Vivifi will request specific permission and consent to capture the User's location for the limited one-time purpose of KYC, verification, risk analysis and operational purposes only. The User's location will enable Vivifi to determine serviceability and perform the KYC process as required by relevant regulatory authorities.

    4.1.7. PHONE / DEVICE

    1. Vivifi will request permission to one-time capture the User's phone/device information for authentication, monitoring and fraud prevention purposes. Vivifi may collect information regarding, but not limited to, device hardware model, OS version, unique device identifiers, Wi-Fi information, mobile network information etc. This will enable Vivifi to authenticate the user, prevent unauthorized usage and mitigate fraud.

    4.1.8. CAMERA & MICROPHONE

    1. Vivifi will require access to use the camera & microphone of the User’s device (one-time access) to undertake video-based KYC for the customer.

4.2. STORAGE

  1. 4.2.1. Vivifi will require the storage information permission that allows the App to enable Users to upload photos and / or documents required to complete the application form during their loan application journey. The Users may be required to upload their photo ID, address proof and business proofs like MSME registration/GST documents and business bank account statements. All data collected by Vivifi under this policy are stored in servers situated in India. However anonymized data, i.e. data that has undergone deidentification and the User or business is not identifiable through any of such data, may be stored outside India.
  2. 4.2.2. Any Personal Data so collected will be retained only for as long as necessary to fulfil the purposes for which such Personal Data has been obtained. Vivify shall take all reasonable means to delete the information in its possession or under its control as soon as the purposes for which the Personal Data has been obtained is extinguished, save and except to the extent required or permitted by applicable laws.

4.3. INFORMATION AUTOMATICALLY TRACKED WHILE USING THE PLATFORM

4.3.1. Our Servers automatically collect limited information about your device's connection to the Internet, including your IP address, when you visit our Platform. We automatically receive and log information from the App and/or your browser including but not limited to IP address, your device or computer's name, and your operating system.

4.3.2. We may also collect log information from your device, including but not limited to your location, IP address, your device's name, device's serial number or unique identification number (e.g., UDID on your iOS device, Android ID or ADID on your Android Device), your device operating system, browser type and version, CPU speed, and connection speed etc. Our app collects and monitors specific information about your device including hardware model, build model, RAM, storage; unique device identifiers like IMEI, serial number, SSAID; SIM information includes network operator, roaming state, MNC and MCC codes, WIFI information includes MAC address and mobile network information to uniquely identify the devices and ensure that no unauthorized device act on your behalf to prevent frauds.

4.3.3. To improve the responsiveness of the Platform for our User, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the User's individual interests using the identified computer.

4.3.4. We may reference other sources of anonymised demographic and other information in order to provide you with more targeted communications and promotions subject to you having provided your consent to such communications and promotions. We use Google Analytics, among others, to track anonymized user behaviour on our website and our app. Google Analytics specifically has been enabled to support display advertising to help us gain an understanding of our users' demographics and interests. The reports are anonymous and cannot be associated with any individual’s Personal Data that you may have shared with us. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings options provided by Google.

4.4. COLLECTION OF PERSONAL DATA OF CHILDREN AND PERSONS WITH DISABILITY

  1. The Company does not knowingly collect any Personal Data of children or any person with disability without the parental consent or the consent of the lawful guardian, respectively. If subsequently, it comes to our notice that we have collected the Personal Data of any children, or persons with a disability which does not have a corresponding consent of the parent or the guardian, we shall forthwith delete such Personal Data from our records. Further, in case any person is aware that the Personal Data of children or persons with disability is processed by us, we request you to report it forthwith to the Grievance/Nodal Officer as provided under this Policy.

4.5. PURPOSE OF COLLECTION PERSONAL DATA

4.5.1. The Company may use the above said Personal Data to, perform, maintain, protect, and improve the Vivifi Services and for developing or improving the Company's services. We may use your email address and phone number without further consent for administrative, non-marketing purposes (such as notifying you of major changes, for customer service purposes, providing information about updates to Vivifi App Services, billing, transaction notifications, security notifications, etc.).

4.5.2. To improve our Platform the content is presented most effectively for you and your device.

4.5.3. Our use of your information for direct marketing and advertising purposes is limited to the circumstances where we have received explicit consent from you in such regard.

4.5.4. To ensure compliance with applicable laws including fraud monitoring, Prevention of Money Laundering Act, credit assessment of User, risk categorization of User, KYC compliance, for the purpose of disbursement and sanction of loans etc.

4.5.5. Investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities. Undertake analysis of marketing effectiveness and other analytics projects.

4.5.6. For any other legitimate purposes and purposes permitted by law or applicable regulations.

4.6. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

  1. The Company does not use the User’s Personal Data for any other purposes, other than as specified above or if such processing is permitted under applicable laws.
  2. The Company does not rent or sell Personal Data of any of its users except as required under applicable laws. However, the Company may share or disclose your Personal Data in the following manner:
  3. 4.6.1. SHARING OF PERSONAL DATA WITH TRUSTED THIRD PARTIES AND AFFILIATES

    1. We may share your Personal Data with our affiliates, employees and trusted third parties who are contractually bound to provide us with services in relation to the services opted by the User, Vivifi shall at all times remain the Data Fiduciary and such third parties shall be the Data Processors. Vivifi shall at all times remain responsible for ensuring the integrity, confidentiality and availability of the Personal Data of the User and ensuring that such third parties process the Personal Data of the User in accordance with applicable data protection laws via measures such as verifying that the third parties adhere to necessary security technical and organizational measures. Further Vivifi also ensures that all such third parties are bound by strict confidentiality clauses which are no less restrictive than as followed by Vivifi itself within its organization.
    2. The list of third parties with whom we may share Personal Data for business operations can be accessed at https://www.vivifin.com/policies_disclosures.php#tsp.

    4.6.2. BUSINESS TRANSFER

    1. In the event the Company sells all or part of its business, transfers its assets, or is involved in a merger or a demerger in compliance with applicable laws, your Personal Data may be transferred to the relevant parties as part of the transaction without the requirement of consent from the User.

    4.6.3. SAFEGUARDING THE INTEREST OF THE COMPANY AND ENFORCEMENT OF CONTRACT

    The Company reserves the right to share/disclose the Personal Data of the User without their consent if such disclosure is warranted pursuant to:
    1. Any investigation, enquire, order passed by any statutory, regulatory, law enforcement agencies;
    2. Ensuring compliance with any adjudicative order passed by an adjudicator;
    3. Enforcement of contractual rights of the Company against the User;
    4. To protect the rights, property or safety of the Company, its employees, its Users and others;
    5. Applicable laws including but not limited to sharing the Personal Data User with the Credit Information Companies, Account Aggregators, Central Repository of Information on Large Credits (CRILC), Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) or such other regulatory authority.

4.7. STORAGE AND RETENTION

  1. The storage of the information by the Company is based on various factors depending upon the nature of the relation of the User with the Company, the type of Personal Data, the period of association, the risk categorization of the User in the systems of the Company, any pending disputes from the end of the client etc. However, it is assured by the Company that the Personal Data so collected is only retained till such time as would be required to fulfill the purposes of collection as provided under this policy, and such timeline as provided under applicable laws.

4.8. RIGHTS OF THE USER

4.8.1. The User has the option to give , deny, withdraw consent (in circumstances where consent is the basis of processing of Personal Data) for use of specific data, restrict disclosure to third parties (save and except to the extent disclosure is required pursuant to any statutory, regulatory requirement, any judicial order mandating such disclosure or disclosure is required to such third parties who are contractually bound to provide us their services), data retention, revoke consent already granted to collect personal data and if required, make the Platform delete/ forget the data. Subject to this section, we may suppress your data upon written request for the same at any stage save and except to the extent retention is mandated under applicable laws or by the State, instrumentalities of State or pursuant to a judicial order, judgement, decree. However, you may not be able to use our Services after deletion. Please also note any such denial/ withdrawal of consent may tantamount to the termination of any existing lending relationship and any obligation arising out of such early termination shall be solely on the User.

4.8.2. When you use the Platform (or any of its sub sites), we make good faith efforts to provide you, as and when requested by you, with access to your Personal Data and shall further ensure that any Personal Data found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such Personal Data being retained by law or for legitimate business purposes. We ask individual Users to identify themselves and the business and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and backup systems.

4.8.3. The User or the legal guardian or the parents as may be applicable, shall have readily available means of grievance redressal for addressing all grievances, requests, feedback in relation to this privacy policy and in relation to any Personal Data processed by us. Any such requests shall be raised with the Grievance/Nodal officer as has been provided under this policy.

4.9. INFORMATION SECURITY

  1. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store Personal Data. All information gathered on the Platform is securely stored within the controlled database. Access to the servers is password-protected and is strictly limited.

4.10. SECURITY BREACH

4.10.1. All security breaches or attempts to breach and all discovered security weaknesses in information systems will be reported by the Company to appropriate authorities. Incident management process must ensure that all reported security breaches or weaknesses are responded to promptly and action taken to stop recurrence.

4.10.2. Vivifi shall develop and implement processes for preventing, detecting, analyzing and responding to information security incidents. All incidents whether of non-compliance with this policy or affecting the security of the information systems shall be reported to the appropriate level of the senior management. All such incidents shall be critically investigated to ascertain the root cause and necessary remedial measures taken to prevent such incidents in future. In addition, Vivifi shall promptly report to RBI, CERT-IN and/or any other authority as required under applicable laws, all cyber security incidents in the formats mandated by such authority, if any.

4.11. LINKED WEBSITE

  1. For your convenience, our websites may contain hyperlinks to external websites ("Linked Sites"). Please be advised that this Agreement does not apply to the privacy practices of these Linked Sites or any entities that we do not own or control. Linked Sites may collect information in addition to the data we gather on our websites. We disclaim any responsibility for and do not endorse any Linked Sites, the services or products they offer, or the content they provide. We strongly encourage you to review the privacy policies of each Linked Site to understand how your Personal Data will be used and protected.

4.12. UPDATES / CHANGES

  1. We may alter our privacy policy from time to time to incorporate necessary changes in technology, and applicable law, without impacting the kind of information collected from the User and its purpose. In any case, we reserve the right to change (at any point of time) the terms of this Privacy Policy or the Terms of Use, if required under applicable laws and shall be made available on the Website. Any changes we make will be effective immediately on notice, which we may give by posting the new policy on the Site. Your use of the Platform after such notice will be deemed acceptance of such changes. We shall also make reasonable efforts to inform you via electronic mail. In any case, you are advised to review this Privacy Policy periodically on the Platform to ensure that you are aware of the latest version.

4.13. ELECTRONIC COMMUNICATIONS

  1. When you use the Platform or any Vivifi Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, sms, Whatsapp, calls or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically including if such is through a click wrap agreement, satisfy any legal requirement that such communications be in writing. In the event you no longer want to receive communications from us, you agree to notify us via approaching the grievance/nodal office as provided under this Policy.

4.14. COPYRIGHT

  1. All content included in or made available through the Platform or any Vivifi Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Vivifi or its content suppliers and protected by Indian copyright laws. The compilation of all content included in or made available through the Platform, or any Vivifi Service is the exclusive property of Vivifi India Finance Pvt Ltd and protected by Indian copyright laws.

4.15. TRADEMARKS

  1. Vivifi (including the Vivifi logo), , Udyam Flex Loan and all related logos are trademarks, service marks, or licensed brands of Vivifi India Finance Pvt Ltd. Nothing on this Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on this Platform, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Platform unless in accordance with written authorization by us. We prohibit use of any of the Vivifi trademarks, service marks or licensed brands as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Vivifi trademarks, or whether any mark or logo is a Vivifi trademark, should be referred to Vivifi India Finance Pvt Ltd.

4.16. YOUR ACCOUNT

4.16.1. If you use the Platform or any Vivifi Service, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer, phone or any other device you may use to access this Web site or your account with us, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. By installing, accessing, and using this Platform, you represent that you are at least eighteen (18) years of age and are legally allowed to enter into a contract in India, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Platform, including, without limitation, when you use Services provided.

4.16.2. If you provide any false, inaccurate, untrue, or incomplete information, Vivifi reserves the right to terminate your access and use of this Platform. In addition, you agree to abide by all applicable local, state and national laws and regulations with respect to your use of this Platform and agree not to interfere with the use and enjoyment of this Platform by other users and Vivifi's operation or management of this Platform.

4.17. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

4.17.1. Visitors may post on the Company’s Web site or anywhere the Company’s apps are listed, reviews, comments, photos, send communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.

4.17.2. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Platform, Vivifi has not become and is not a publisher of such information, content, and materials.

4.17.3. Vivifi welcomes your feedback and suggestions about how to improve the Platform. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Vivifi, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Vivifi. In addition, any feedback received through this Platform will be deemed to include a royalty-free, perpetual, transferable, non-exclusive right and license for Vivifi to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You are advised to exercise discretion before you make such details public, as such information is vulnerable to misuse and can be easily misused.

4.17.4. The Company has the right but not the obligation to monitor and edit or remove any activity or content. Vivifi assumes no responsibility for the deletion of or failure to store any message.

4.17.5. If you are consuming the content on the Platform, you must use your best judgment and reasonable caution in evaluating all third-party postings or other content on the Platform. Vivifi does not endorse, oppose, or edit any opinion or information provided by a user or third party, with the exception of removing temporarily or deleting what appears to be potentially unlawful content or content otherwise prohibited under this policy. Vivifi does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, distributed by any user of, or third-party contributing materials to, this Platform. Vivifi expressly disclaims all responsibility and liability for such postings, information, and material.

4.18. LINKING TO/ FROM THE WEBSITE AND SOCIAL MEDIA FEATURES

4.18.1. 4.18.1.You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

4.18.2. You must not:

  1. Establish a link from any website that is not owned by you;
  2. Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  3. Link to any part of the Platform other than the homepage;
  4. Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

4.18.3. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

4.19. AVAILABILITY

  1. Use of the Platform or any Vivifi Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement. This Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The offer of this Platform or any Vivifi service is not a distribution or solicitation by Vivifi to any person to use the Platform or any Vivifi service in jurisdictions where the provision of the Platform and its contents is prohibited by law.

4.20. MONITORING & REPORTING

4.20.1. Actual or attempted unauthorized use of the Platform may result in criminal and/or civil prosecution. Vivifi reserves the right to view, monitor, and record activity on the Platform without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Platform. Vivifi will also comply with all court orders.

4.20.2. 4.20.2.You acknowledge, consent and agree that Vivifi may access, preserve, and disclose the information we collect about You if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to :

  1. comply with legal process and respond to governmental investigations;
  2. Comply with the orders passed by courts/tribunals/any other body of judicial and quasi-judicial nature or of regulatory or supervisory function;
  3. carry out actions as required for the purpose of ascertaining your financial information and assets and liabilities for recovery, in the event of default under the Loan Agreement Terms;
  4. enforce the Agreement;
  5. respond to claims that any information, services, or content violated the rights of the third parties;
  6. respond to your requests for customer service;
  7. protect the rights, property, or personal safety of Vivifi, its users and the public.

4.21. LIMITATIONS OF LIABILITY

4.21.1. The information, software, products, and services included in or available through the Platform may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. Vivifi may make improvements and changes to the Platform at any time.

4.21.2. To the maximum extent permitted by applicable law, in no event shall Vivifi be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Platform, with the delay or inability to use the Platform or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, negligence, strict liability or otherwise, even if Vivifi has been advised of the possibility of damages. If you are dissatisfied with any portion of the Platform or the agreement, your sole and exclusive remedy is to discontinue using the Platform.

4.22. DISCLAIMER OF WARRANTIES

4.22.1. Vivifi makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the software and related graphics contained on the Platform for any purpose. To the maximum extent permitted by applicable law, all such software and related graphics are provided "as is" without warranty or condition of any kind. Vivifi hereby disclaims all warranties and conditions with regards to this information, software, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

4.22.2. Additionally, there are no warranties as to the results of your use of the content. Vivifi does not warrant that the Platform is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Use of this Platform is at your own risk.

4.23. SEVERABILITY

  1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

4.24. INDEMNIFICATION

  1. You agree to indemnify, defend, and hold harmless Vivifi India Finance Pvt Ltd, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all costs, claims, damages, demands, expenses, liabilities, or losses, including reasonable attorneys' fees and costs, incurred by Vivifi in connection with a third-party claim that occurs as a result of your violation of this Agreement. You further agree that you will cooperate fully in the defence of any such claims. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Vivifi.

4.25. WAIVER

  1. Failure by Vivifi to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

4.26. TERMINATION

  1. This Agreement will take effect at the time you begin installing accessing, or using this Platform, whichever is earliest. This Agreement is effective until terminated by Vivifi. Vivifi may terminate this Agreement at any time without notice, or suspend, or terminate your access and use of the Platform at any time, with or without cause, in Vivifi's absolute discretion and without notice. The following provisions of the Agreement shall survive termination of your use or access to the Platform: the sections concerning Indemnification, Disclaimer of Warranties, Liability Disclaimer, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Platform.

4.27. ENTIRE AGREEMENT

  1. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Vivifi with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Vivifi with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  2. If you have questions regarding this Web site or if you are interested in obtaining more information concerning Vivifi please contact us at [email protected].

4.28. GRIEVANCE REDRESSAL MECHANISM

4.28.1. In accordance with Digital Lending Guidelines issued by the RBI for the name and contact details of the Grievance/Nodal Officer is provided below:

Name: Prakash Ranjan
Address: Unit A, 9th Floor, MJR Magnifique, Survey No 75 & 76, Khajaguda X Roads, Raidurgam, Hyderabad, Telangana - 500008

4.28.2. If the User has any complaints, concerns, queries or suggestions regarding any of the matters covered under this Privacy Policy, the User can contact the Company’s grievance/nodal officer as has been provided above or You may also contact the Company’s Helpline No. 040-4617 5151 / 4994 5151.

4.28.3. In case You do not receive a satisfactory response/ resolution to Your request/ query/ grievance within a period of 15 days You may contact the Director whose name and contact details are provided below:
Name: Srinath Kompella

4.28.4. In case any complaint/ grievance lodged by You is not resolved within 30 days, You can lodge a complaint the designated Banking Ombudsman, Reserve Bank of India under whose jurisdiction the registered office of VIVIFI falls under
Address C/o Reserve Bank of India, 6-1-56 Secretariat Road, Saifabad, Hyderabad - 500 034
STD Code: 040 Tel. No. 23210013

4.29. USER COVENANT AND YOUR CONSENT

By agreeing to the terms of this Policy,

4.29.1. You provide your consent to the access, collection, retention, processing and sharing of User Information in terms of this Policy, except where this Policy or Applicable Laws require a specific consent. In such cases, We shall seek such consent using separate consent form(s) in the Application at the time of collecting such information.

4.29.2. You also understand that any or all of the User Information may qualify as “sensitive personal data” under the Information Technology Act, 2000. Applicable Laws necessitate Your prior explicit consent in order for “sensitive personal data” to be collected, stored and processed by Us for the purposes of offering Services through the Application and You provide such consent.

4.29.3. The User confirms that the email ID and mobile number registered by the User using the Platform is under the User’s control and exclusive use and the User takes all possible measures to ensure secure access to such resources.

4.29.4 The User shall be responsible for ensuring the Company has been and continues to be provided with an up-to-date, active and deliverable email address and mobile number for the User to receive necessary communications. Communications sent to the e-mail address or mobile number registered with Platform will be deemed to be validly served to the User.

4.29.5. The User agrees to, periodically and based on communication received, visit our Platform and this Privacy Policy to check for any changes.

4.29.6. The User covenants that she/ he shall not attempt to circumvent any of the privacy settings or security measures contained on the Platform and any damage to the User arising as a result of or incidental to such attempt shall not lead to any liability on the part of the Company.

"I hereby confirm that I have read, understood, and agree to the Terms & Conditions & Privacy Policy and provide my explicit consent to access my information, to share it with third parties/service providers in accordance with the Privacy Policy."