TERMS OF SERVICE
SECTION 1 - DEFINITION
SECTION 2 - ONLINE STORE TERMS
SECTION 3: DUE DILIGENCE
SECTION 4 = GENERAL CONDITIONS
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 7 - PRODUCTS OR SERVICES
SECTION 8 - CHARGES POLICY
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 10 - OPTIONAL TOOLS
SECTION 11 - THIRD-PARTY LINKS
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 15 - PROHIBITED USES
SECTION 16 - DISCLAIMER OF WARRANTIES
SECTION 17: LIMITATION OF LIABILITY
SECTION 18 – INDEMNIFICATION
SECTION 19 - INTELLECTUAL PROPERTY RIGHTS
SECTION 20 – SEVERABILITY
SECTION 21 – TERMINATION
SECTION 22 - FORCE MAJEURE
SECTION 23 - GOVERNING LAW
SECTION 24: COURT JURISDICTIONAND DISPUTE RESOLUTION
SECTION 25 - CHANGES TO TERMS OF SERVICE
SECTION 26 - ELIGIBILITY
SECTION 27 - ENTIRE AGREEMENT
SECTION 28 - CONTACT INFORMATION
SECTION 29 – GRIEVANCE OFFICER
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Website Application.
Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Website are referred to, it shall mean to include the rights privileges and responsibilities of the Company
This Website is operated by TPC Enterprise Private Limited. Throughout the Website, the terms “we”/”We”, “us” / ’”Us” and “our”/”Our” refer to TPC Enterprise Private Limited offers this Website, including all information, tools and services available from this Website to You, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”/ “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - DEFINITION
1.1 All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
1.2 “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court.
1.3 "User" means the holder of online account with Company through Website Application.
1.4 "Services" means the features as provided in the Website Application which be used by Users who are the customers of Company
1.5 “Site” shall mean www.luke.world.com
1.6 "Terms and Conditions of Service" or "T&Cs" refers to the terms and conditions that are available at the Website Application for the use of Services.
1.7 "We", "Our" or "Us" refers to Company. "You", “Your or “Yourself” shall mean reference to User and any other user accessing the Website Application.
SECTION 2 - ONLINE STORE TERMS
2.1 By agreeing to these Terms of Service, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in your state or province of residence and You have given us Your consent to allow any of Your minor dependents to use this Website.
2.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3: DUE DILIGENCE
3.1 The User exercises the sole responsibility for the personal information which is provided by the User on the Platform and the User is requested to use discretion in providing such information.
3.2 The User shall provide the accurate and comprehensive information while accessing the Platform, based on which they will receive the Services.
3.3 The User shall exercise the sole responsibility for all access to and use of this Platform by anyone other than such User, who is using the password and identification originally assigned to the User, whether or not such access to and use of this Platform is authorized by such User, including without limitation, all communications and transmissions which have taken place through such access or use. The User is solely responsible for protecting the security and confidentiality of the password and identification assigned to them.
3.4 The information provided by the User may be used by Us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, vendors, agents and/or government authorities, etc.
3.5 We reserve the right to refuse service or terminate accounts at our discretion, if we believe that the User has violated or are likely to violate applicable law or these Terms and Conditions.
SECTION 4 : GENERAL CONDITIONS
4.1 We reserve the right to refuse service to anyone for any reason at any time.
4.2 You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
5.1 We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
5.2 This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
6.1 Prices for our products are subject to change without notice.
6.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
6.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7- PRODUCTS OR SERVICES
7.1 You hereby agree to the fact that certain products or services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy, if any.
7.2 We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that Your computer monitor's display of any color will be accurate and neither guarantee of appearance being shown or be received by You is similar to as seen on Website.
7.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 - CHARGES POLICY
8.1 The Shipping Charges or the Delivery Charges, if any shall be displayed at the end check-out page once a product has been added to the Cart, along with any other applicable charges, payable accordingly at the time of placing the order.
8.2 “Pay on Delivery” (here onwards referred to as “POD”) is a payment method by which the User shall be able to pay the order placed in cash when the items ordered get delivered at the shipping address.
8.3 The POD option shall be available only at selected locations only.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
9.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors
9.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
9.3 For more detail, please review our Returns Policy, if any.
SECTION 10 - OPTIONAL TOOLS
10.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
11.1 Certain content, products and services available via our Service may include materials from third-parties.
11.2 Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We have no control over the contents of those websites or resources and exercise no responsibility for them or for any loss or damage that may arise from the User’s access to them.
11.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by us as to the content, representation, accuracy, products or services found or otherwise defined in such linked Internet websites.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
12.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
13.1 Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
14.1 Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
14.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
15.1 The User can only view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. The User is not permitted to distribute, reproduce, display, sell, lease, transmit, create derivative works from, modify, reverse-engineer, disassemble, or otherwise exploit the Platform or any portion of it unless expressly permitted by Us in writing.
15.2 The User is not permitted to create third-party rights by the way of assign, transfer or subcontracting of any rights provided under these Terms and Conditions, unless expressly agreed to by Us.
15.3 The User is not permitted to use the information provided on the Platform for commercial use.
15.4 The User may not impersonate any person or entity, or falsely state or otherwise misrepresent their identity, age or affiliation with any person or entity
15.5 The User being bound by these Terms and Conditions shall not upload any content prohibited under applicable law, and/or designated as prohibited content
15.6 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
15.6.1 for any unlawful purpose;
15.6.2 to solicit others to perform or participate in any unlawful acts;
15.6.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
15.6.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
15.6.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
15.6.6 to submit false or misleading information;
15.6.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
15.6.8 to collect or track the personal information of others;
15.6.9 to spam, phish, harm, pretext, spider, crawl, or scrape;
15.6.10 for any obscene or immoral purpose; or
15.6.11 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15.6.12 Any such information which belongs to another person to which the User holds no right on.
15.6.13 Such information which is harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws of the land.
15.6.14 Such information which relates to or seems to encourage money laundering or gambling
15.6.15 Such information which harm minors in any way
15.6.16 Such information which contains software viruses and malicious programs
15.6.17 Such information which impersonates another person
15.6.18 Such information which violates any law in India for the time being in force.
SECTION 16 - DISCLAIMER OF WARRANTIES
16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
16.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
16.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
16.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16.5 In no case shall TPC ENTERPRISE PRIVATE LIMITED our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17: LIMITATION OF LIABILITY
17.1 By using our Services, the User confirms that they understand and agree to the following:
17.1 To the extent permitted by applicable law, We or our any of affiliates or else will not be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
a) These Terms and Conditions and Privacy Policy.
b) The User’s access or inability to use or access the Platform.
c) The User’s use of any third party services which the User contacted through the Platform.
17.2 We do not warrant that the Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the Platform.
17.3 Although We have taken reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Platform, We do not represent or warrant that the Platform, or the Service or Products or materials that may be made available through the Platform are free from such destructive features. We shall not be held liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
17.4 To the extent permitted by law, We shall not be liable to the User or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on the User’s information system), even if We have/has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
a. The User’s use of or reliance on the Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to the User through the Platform.
b. The User’s provision of information, personal or otherwise.
c. The provision of Services by Us
17.5 To the fullest extent permitted by law, We disclaims and excludes all warranties and representations, express, implied or statutory, with respect to our platform or our Services, or with respect to the accuracy, currency or completeness of the information provided by Us, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. The User expressly agrees that their use of the Platform is at their sole risk.
17.6 Notwithstanding anything herein to the contrary, our aggregate liability (whether in contract, tort or otherwise) for any loss or damage that the User may incur on any account whatsoever, arising out of the User’s use of the Platform, shall be limited to a sum equal to the amount paid or payable by the User for the Product(s) or Services in respect of one incident or series of incidents related to the same cause.
17.7 We reserve the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at our sole discretion.
17.8 No claims or action arising out of, or related to, the use of the Platform or these terms and conditions may be brought by the User more than one (1) month after the cause of action relating to such claim or action arose.
17.9 We have selected the Products on the basis that they will be used for personal use only. If the User is planning to use them for business purposes, Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In regards to the business users, neither do we accept the liability of the fitness of the Products for business purposes, nor do we accept the liability for loss of use of the Product, and even deny the liability of any loss over and above the cost of the Products in the event of claim for breach of warranty or condition. This section shall survive the termination of this Agreement and the termination of the User’s use of our Services or the Platform.
SECTION 18– INDEMNIFICATION
18.1 The User by using the Platform, and/or availing the Services agrees to the extent permitted by law to indemnify and hold Us, and our affiliates, Directors, Officers, Employees, Agents, Contractors harmless with respect to any claims, losses, costs, charges, expenses inclusive of the Attorney’s Fees that the Indemnified may incur because of:
18.1.1 The User’s breach of these Terms and Conditions
18.1.2 The User’s use of the Platform and/or the Services
18.1.3 Incorrect or inaccurate credit / debit card details provided by the User
18.1.4 The User using a credit / debit card which is not lawfully owned by them
18.1.5 The User permitting a third party to use their password or other means to access their account
18.1.6 The User providing a false, forged, unauthorized or manipulated prescription
18.1.7 The User’s non-compliance with applicable law or regulations in the jurisdiction in which they are accessing the Platform and/or the Service
Any action taken by Us as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred.
SECTION 19 - INTELLECTUAL PROPERTY RIGHTS
19.1 Intellectual Property Rights means any trademarks, brands, logos, know-how, service marks, rights in designs, utility models, copyrights, trade and business names, rights relating to trade secrets or confidentiality, patents, inventions, rights in computer software, moral rights, database rights, knowhow, rights in domain names, drawings, technical information, specifications, instructions, processes, formulas/e and all rights of a similar nature subsiding anywhere within the world and rights to apply for protection in respect of any of the foregoing rights and/or any rights of Company in any specialized or other software that Company may provide or make available to You including documentation whether or not any of the aforesaid are registered, and including any application for their registration. You will not gain by virtue of gaining access to www.lewk.world.com any rights of ownership of copyrights, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by Company. Nothing in this Document shall give You, end users or any other third party any rights, title and interest in the website www.lewk.world.com that vest in Company solely and wholly. You understand and agree that you shall not have or obtain any rights in or to any Trademarks, labels, symbols, logos, copyrights or other property rights (this section speaks of all the services we provide and all content on the Website including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code) and all this are protected by copyright and trademarks. All rights are reserved, except for the limited licensed rights expressly granted below. You may not reproduce, republish, transmit or distribute any material or information on the Website/Mobile Application without our prior consent. We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use of the Website as User or otherwise and to prevent future access by you to the Website. Nothing herein shall (a) provide to You any rights or license to use any Confidential Information in any manner other than as specifically provided for in this terms and conditions; (b) provide to You any rights or licenses to any intellectual property under any patents, copyrights or trademarks now or hereafter owned or developed by Company; or (c) be deemed to create any assignment to You of intellectual property rights in the Confidential Information and any revisions or modifications thereof, all of which rights are expressly reserved by Company
19.2 You/Users shall not directly or indirectly obtain or attempt to obtain any right, title or interest in or to any Intellectual Property Rights and agrees not to contest ownership of the Intellectual Property Rights or goodwill associated therewith. You/Users further agree to take no action whatsoever which might jeopardize, limit or interfere with ownership or use of the Intellectual Property Rights of Company. You/Users agrees to inform Company immediately of any act of unfair competition or infringement of any Intellectual Property Right of which the You/Users may become aware. Not informing about the same shall amount to failure in obligation of You/Users.
19.3 The Website Application are and will and shall at all the time remain the sole and exclusive property of Company.
19.4 Nothing in this Document shall give You or any other party using the Product any rights, title and interest that vest in Company solely and wholly. You understand and agree that you shall not have or obtain any rights in or to any Trademarks, labels, symbols, logos, copyrights or other property rights (this clause speaks of all the services we provide and all content on the Website including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code) and all this are protected by copyright and trademarks. All rights are reserved, except for the limited licensed rights expressly granted below.
19.6 You shall not reproduce, republish, transmit or distribute any material or information on the Product without our prior consent. We reserve the right, in our sole discretion and without notice to you, to terminate you from using the Product. Nothing herein shall (a) provide to You any rights or license to use any Confidential Information in any manner other than as specifically provided for in this terms and conditions; (b) provide to You any rights or licenses to any intellectual property under any patents, copyrights or trademarks now or hereafter owned or developed by Company; or (c) be deemed to create any assignment to You of intellectual property rights in the Confidential Information and any revisions or modifications thereof, all of which rights are expressly reserved by Company
SECTION 20– SEVERABILITY
20.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21– TERMINATION
21.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
21.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
21.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21.4 We reserve the right to refuse the use of Services immediately in case the User’s conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.
SECTION 22 - FORCE MAJEURE
22.1 We shall not bear the liability of any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout or other forms of protest
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster
Inability to use public or private transportation and telecommunication systems
Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to the User, not being less than the time that the situation of Force Majeure lasted.
SECTION 23 - GOVERNING LAW
23.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra, India
SECTION 24: COURT JURISDICTIONAND DISPUTE RESOLUTION
24.1 All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning or operation or effect of this Contract or breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 (as amended). The Arbitral Tribunal shall consist of Sole Arbitrator. The Company shall have the sole right to appoint the Sole Arbitrator and the Seat and Venue shall be at Mumbai, Maharashtra, India
24.2 Company may at any time, terminate its legal document with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Company is required to do so by law; or (c) for reasons Company has decided to wind up.
SECTION 25 - CHANGES TO TERMS OF SERVICE
25.1 You can review the most current version of the Terms of Service at any time at this page.
25.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - ELIGIBILITY
26.1 Users agrees to be aware of the following primary eligibility criteria:
26.1.1 The User shall be at least 18 years old and if not, then such User shall be accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the Recipient of the end User of the Services for the purpose of these Terms and Conditions. In such a scenario, the parents or legal guardians who shall be the end User, can transact if they are registered Users. Such a User shall also be prohibited from purchasing any product, the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
26.1.2 The User who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to un-discharged insolvents etc. are not eligible to use the Platform.
26.1.3 The User who has not been previously suspended or removed by Us or disqualified for any other reason, from availing the Services.
26.1.4 We reserve the right to terminate membership of an User and/or refuse to provide the User with access to the Platform if we discover that such User is under the age of 18 years.
SECTION 27 - ENTIRE AGREEMENT
27.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
27.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
27.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 28 - CONTACT INFORMATION
28.1 Questions about the Terms of Service should be sent to us at email [email protected]
SECTION 29 – GRIEVANCE OFFICER
In case you have any disputes or difference or claims or issues in regard to this Website terms or Products or else, please send email to our Grievance office at [email protected]
