WEBSITE USER TERMS & CONDITIONS
www.lemagasin.in
LeMagasin Services (OPC) Private Limited
TERMS & CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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 domain name www.lemagasin.in (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).
This website and platform is owned and managed by LeMagasin Services (OPC) Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at HIG K8/265, Kalinga Nagar, Bhubaneswar, Odisha 751003, India (hereinafter referred to as "LeMagasin"). By accessing and using the www.lemagasin.in web site, (the "Web Site"), you are agreeing to be legally bound by these Terms & Conditions. The terms "you" and "User" refer to anyone who accesses the Web Site.
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with LeMagasin Services OPC Private Limited and these terms and conditions including the policies constitute Your binding obligations, with LeMagasin.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. LeMagasin allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean LeMagasin Services OPC Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by LeMagasin's Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
As you browse through the website and LeMagasin Services (OPC) Private Limited sites you may access other web sites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms & Conditions and the other terms and conditions, the other terms & conditions will govern with respect to use of such pages.
Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.
1) USE OF THE WEB SITE
LeMagasin Services (OPC) Private Limited hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site for the fees, if applicable, and under the terms set forth below.
The Web Site and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the "Content"), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of LeMagasin Services (OPC) Private Limited.
The Content is the exclusive property of LeMagasin Services (OPC) Private Limited or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of LeMagasin Services (OPC) Private Limited or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of LeMagasin Services (OPC) Private Limited or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other LeMagasin Services (OPC) Private Limited material, please contact LeMagasin Services (OPC) Private Limited at [email protected].
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by the website to protect LeMagasin Services (OPC) Private Limited's proprietary interests in the website.
2) REGISTRATION
As part of the registration process, you must select a username and password and provide the website with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3) LIMITATION OF LIABILITY
You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. The website will not pay you any damages in connection with your browsing or use of the Web
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR LeMagasin Services (OPC) Private Limited ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER THE WEBSITE NOR LeMagasin Services (OPC) Private Limited SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, LeMagasin Services (OPC) Private Limited NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
The website assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
4) LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than the website Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. You agree that the website is not responsible for the content or operation of such web sites, and that the website shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that the website endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Web Site.
5) THE USER'S CONSENT
The User grants to LeMagasin Services (OPC) Private Limited the non-exclusive right to use all material entered into the Web site by the User (other than third-party material transmitted through private electronic mail) in any of The LeMagasin Services (OPC) Private Limited's print or electronic publications ("Other Content").
Users entering material into the Web site are responsible for the Other Content. Neither the website nor LeMagasin Services (OPC) Private Limited has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, the website retains the right, which it may or may not exercise in its sole discretion ,to review, edit, or delete Other Content that the website deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of the website.
The User agrees to indemnify the website and LeMagasin Services (OPC) Private Limited from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that the website, LeMagasin Services (OPC) Private Limited, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Web site with the use of the User's screen name or password.
6) PAYMENTS, CANCELLATION & REFUNDS
All information, reports, content and access rights purchased on the website are non refundable.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
7) ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either the or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
LeMagasin Services (OPC) Private Limited may discontinue or change the Web Site or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to Web site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of the website, to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India and subject to jurisdiction of courts of Bangalore, as if the Agreement was a contract wholly entered into and wholly performed within Bangalore, and any litigation related to this Agreement shall be brought exclusively in the courts of Bangalore. All rights not expressly granted herein are reserved.
8) ANTI-HACKING PROVISION
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
(1) use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
(2) use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, proc-ess or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
(3) obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
(4) in any way bypass or circumvent any other measure employed to limit or pre-vent access to the Web Site or its content;
(5) violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
(6) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
(7) take or attempt any action that, in the sole discretion of this Web Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation's infrastructure.