TERMS AND CONDITIONS POLICY
Please read the following terms and conditions policy carefully before registering, accessing, browsing, downloading, or using any of the platforms (Applications) owned and operated by M/S M/S Addlens Technologies Pvt. Ltd.
M/S Addlens Technologies Pvt. Ltd. having their registered office at 4/A, Ram Narayan Mukherjee Road, Sarsuna, Kolkata – 700061 has developed an application available by the name “ORDALANE” (hereafter referred to as the “Platform/ Application”). These terms and conditions will be enforceable to the same extent as the terms of a Physical contract and apply to all visitors, users, buyers/ sellers, and others who access or use the services provided by us through our application/application. Our users (“you”, “your”, “yours”) agree and acknowledge that you have read the terms and conditions set forth below. If you disagree with any part of these terms and conditions or do not wish to be bound by these terms and conditions, you may not access the Services and/or terminate the Services immediately.
Through our platform, its user agrees to interact with other user(s) or negotiate with respect to the sale or supply of goods or services. The users can also avail of our services through our ‘Services’ section, where we may offer general information on various topics related to our Products/services and their usage. These terms of use (“Terms and Conditions”) govern how you access and use the Platform, Products, and Services provided by us. Please ensure that you read these Terms carefully as they constitute a binding agreement between you and us.
ACCEPTANCE
- By registering, accessing, browsing, downloading, or otherwise using the application for any general purpose or for the specific purpose of availing any services provided by us using our application/application, or clicking “I AGREE”, “SUBMIT”, or the like (if provided) indicates your acceptance you certify that you have read, reviewed, understood and agreed to be bound by all the terms and conditions and agree to comply with its terms.
- If you do not want to be bound by these terms and conditions, to the collection and use of your information as outlined in our Privacy Policy, our Refund and Cancellation Policy, and any other rules or policies available on the Platform, as amended from time to time (collectively referred to as “Application Terms and Conditions Policies”). In the event that the contents of any of our other Policies conflict with these Terms, these Terms shall prevail over the Policies. We may revise these Terms as well as update the Platform from time to time. Your continued use of the Platform following any modifications to the Terms will be deemed as acceptance of the modified Terms and platform. For this reason, you should frequently review these Terms. If you do not agree with any part of these Terms, please stop using the Platform immediately. You are advised to leave the platform accordingly. We only grant use and access to this platform, its products, and its services to those who have accepted its application terms and conditions policies.
DEFINITIONS
- “WE“, “OUR” and “US” refer to M/S Addlens Technologies Pvt. Ltd our directors, investors, shareholders, officers, employees, affiliates, contractors, agents, licensors, partners, authorized representatives’ importers, or suppliers only.
- “YOU“, “YOUR” and “USER” refer to any non-registered or registered individual or corporate body, or any other user of our platform ORDALANE.
- “Application” refers to “ORDALANE” which is registered by M/S Addlens Technologies Pvt. Ltd and used as a medium to inform and communicate with the users of services provided by us.
- “Services” shall include all services extended/to be extended by M/S Addlens Technologies Pvt. Ltd including but not limited to providing a platform for providing all kinds of grocery, electronics products, personal wellness, and other related products.
- “Authorisation” means approval of a Transaction by an Issuing Bank.
- “Account” refers to a bank account in the name of the Payer or Beneficiary maintained with an Issuing Bank or Beneficiary Bank, respectively, and is linked to the UPI ID of the Payer or the Beneficiary, respectively, and is used for a Transaction.
- “Transaction”shall mean an electronic financial transaction undertaken using the Services provided by govt. Authorized payment operator/ payment gateways or banks.
- “Processing Mechanism” refers to the payment mechanism through the internet or such other mode of payment and delivery as may be notified by M/S Addlens Technologies Pvt. Ltd from time to time, including but not limited to Immediate Payment Service (IMPS), National Electronic Funds Transfer (NEFT), Real Time Gross Settlement (RTGS), and/or UPI (defined hereinafter).
- “UPI”means the Unified Payment Interface, which is a payment system that powers multiple bank accounts into a single payment network of participating banks permitting the merging of several banking features, seamless fund routing & merchant payments into one head.
- “Terms of use” or “Terms and Conditions” are interchangeably used and shall have the same meaning.
ELIGIBILITY
In order to use or access the Platform, you must be competent to enter into a contract under applicable laws. Your continued use of the Platform will mean that you represent and warrant to us that you are competent to enter into a valid and binding contract under applicable laws.
By accessing and using the services of our application you expressly acknowledge and agree that;
- You are a legal person of 18 years of age or above;
- You are capable of entering into a contract /legally binding agreement;
- You, your employees, representatives, and agents accessing our services have the right, authority, and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of our Services.
- You are not barred or otherwise legally prohibited from accessing or using the services of the “ORDALANE” application under the laws of India.
- You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity.
- The mandatory information and officially valid document(s) “OVD”/document details mentioned by you are true & correct and belong to You.
- In the event of any violation of the terms and conditions, we reserve the right to suspend or permanently prevent You from availing of Services or using the application or any other platform owned, operated, or developed by M/S Addlens Technologies Pvt. Ltd.
SCOPE
- In order to access and use the Platform and services offered by M/S Addlens Technologies Pvt. Ltd, you can either create an account (‘User account’). To create an Account, you must provide us with the following information which includes but is not limited to your name, phone number, residential address, e-mail ID, or any other detail as required by our portal, which we may choose to authenticate with a one-time password sent on your applied e-mail Id or phone number.
- You understand that you will be responsible for maintaining the confidentiality of your Account and details related to it such as your login ID and password and restricting access to your device from where you are using our platform, and you hereby accept responsibility for all the activities that occur on your Account created on our platform.
- You understand that when you register to open your User Account or during a financial transaction, you agree to provide certain personal information and personal sensitive information about/related to you which may include without limitation personal information such as name, e-mail address, mobile number, mobile device information, geographical location, passwords, financial information, and other relevant details.
- You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information. Your information management shall be as per our Privacy Policy.
- You understand that you are solely responsible for any and all information and data that is provided by you and is uploaded via your Account or other means of input on the Platform (including, but not limited to, all personal information and search history).
- You understand that this application is a platform that facilitates Transactions (pay and collect Transactions) and other features available on the application such as UPI Payments, Bill Pay, UPI ATM, etc. which are offered by third-party.
- The scope of our Services, including the terms of use, is subject to amendments from time to time, which shall be notified to you upon any material amendments being implemented. Without prejudice to the generality of the foregoing, M/S Addlens Technologies Pvt. Ltd shall be entitled to undertake enhancements for customer experience and transaction security at its absolute discretion. For the avoidance of any doubt, it is clarified that enhancements may also be optimization procedures, both manual and machine learning-based, for different modes of payments in order to improve payment performance.
- You understand and accept that We reserve the right to terminate your Account and/or refuse the sale of Products without prior notice if you use the Platform in contravention of these Terms, or we cease to provide the Platform, Products, or other services therein. The information you provide to us shall be maintained in accordance with our Privacy Policy.
- You understand that we have granted you a limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access, and make personal and non-commercial use of the Platform, service, Information, and Products provided by us.
- Your permission is limited to the extent that you do not have any permission to download, copy, install, reverse-engineer, or use the Platform, Products, or Information made available on the Platform for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your permission to use the Platform, or Information and prevent your future access to the Platform. You agree to use the application only
- for purposes that are permitted by these Terms;
- for purposes for which the application is meant to be used; and
- in accordance with any applicable laws and regulations. All material added, created, uploaded, submitted, distributed, or entered into the application by you is your sole responsibility. M/S Addlens Technologies Pvt. Ltd reserves the right to review any information provided/data uploaded, if any, by you on the Application/application and delete any information/data that is inconsistent with these Terms.
- You further agree to use your data in accordance with our Privacy Policy.
- This account allows you to access our application, browse through our Service, and make payments using a debit card, credit card, net banking, or UPI collectively known as (‘Payment Gateway Services’) to permissible merchants on our application.
- You would need to register by providing additional information in order to make payment via Unified Payment Interface (“UPI”) and Pre-Paid Instruments (“PPI”) services to make payments to merchants using these modes of payment.
- You Allow us to share and maintain the Know Your Customer “KYC” details and information for underwriting purposes for other financial and non-financial products available on our application as Services.
- Any other financial product/feature that is provided on our application is subject to regulatory provisions and permitted by us.
- UPI Payments (Unified Payment Interface) enabled on the platform allows you to request for transfer or collection of funds and or respond to fund collection requests for any of your Accounts linked to your VPA, through the platform. In case of a collect request received in the platform, the User needs to check the details of the collect request before authorizing the Transaction by entering the UPI PIN in the platform. The availability of UPI Payments also depends on the availability or downtime of UPI services at or systems of, the Issuing Bank and or Beneficiary Bank.
- PPI (Pre-Paid Instruments) are Payment Instruments issued by authorized bodies by the govt. Of India as per Reserve Bank of India (“RBI”) directives.
USE OF APPLICATION BY CUSTOMER
- You understand that the Application acts as a providing all kinds of products on one platform for User(s) to negotiate and interact with other User(s) in respect thereof for the sale or supply of goods or services.
- You understand that while availing services offered by the service provider displayed on our platform, quotations for goods or services will be provided directly by the service providers but we will review and confirm these quotations to ensure that they do not exceed the current market price, safeguarding your interests as a user. Users will need to generate an order request in to receive the products and information regarding the price in which the provider of the goods will provide services that are decided as 10-minute delivery that the platform is providing. Once a customer selects products then their bill will be generated. You also understand that there will be a separate booking amount required to confirm your service request.
- You understand that we do not endorse any advertiser, manufacturer, or Service provider linked to the application. We do not manufacture or produce the products or provide services offered by us on our platform. Furthermore, we are under no obligation to monitor the Third Party’s service used by you; the manufacturer/ Service provider alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees.
- Any dispute with or complaint against any manufacturer or service provider must be directly resolved by the buyer with the manufacturer or service provider. It is clarified that we shall not be responsible or liable for any deficiency in goods and/or services purchased or while using a platform. Buyers are instructed to satisfy themselves regarding the quality, quantity, and fitness of any good and/or service before purchasing the same.
- We use a third-party service provider, for effecting and processing payments made by electronic means on our Platform. The measures employed to secure such payments are the sole responsibility of this third-party service provider. For any information pertaining to the security measures implemented by your bank, UPI, credit card, or E-Wallet service provider, please contact them directly. We are not responsible or liable for any of their data security practices or obligations.
- You agree to receive all commercial messages including transactional messages from us through the processing mechanism. We shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. We shall not be obligated to verify or make further inquiries into the identity of the sender, or the integrity of any communications. We shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.
- Users have the option to make payments directly to the Manufacturer/Service Provider or to us. You agree that in case any amount is transferred erroneously by You to any Manufacturer/Service provider, Participating Platforms, or any other person, we shall not be liable to refund such amount to You under any circumstances. However, if you are making a payment to us, then we will be responsible for processing that payment.
- You understand and agree that, if you know or have reasons to believe that the security of your Account on our platform has been breached, you should contact our customer care support immediately as per the contact information provided below. If we find a security breach or suspected security breach of your Account on our platform, we may require you to change your password, and/or temporarily or permanently block your Account without us incurring any liability.
- You agree to use the Platform at your own risk. The Platform, including any content, and any other information is provided “as is” and, to the fullest extent permitted by law, is provided without warranties of any kind, either express or implied.
It is advised to all the users of our platform to see the pricing of the products and services carefully before placing an order on our platform, as all such products and pricing are subject to change at the seller’s discretion. Unless otherwise stated, all the Product and service prices are inclusive of Goods and Service tax and all other applicable taxes, duties, and cesses (“Taxes”). You shall be responsible for the payment of all Taxes associated with purchases made on the Platform.
USE OF APPLICATION BY SELLER
- You understand that the Application acts as a providing all kinds of products on one platform for User(s) to negotiate and interact with other User(s) in respect thereof for the sale or supply of goods or services.
- You understand that while availing services offered by the service provider displayed on our platform, quotations for goods or services will be provided directly by the service providers but we will review and confirm these quotations to ensure that they do not exceed the current market price, safeguarding your interests as a user. Users will need to generate an order request in to receive the products and information regarding the price in which the provider of the goods will provide services that are decided as 10-minute delivery that the platform is providing. Once a customer selects products then their bill will be generated. You also understand that there will be a separate booking amount required to confirm your service request.
- You, as a Manufacturer/Service/goods Provider, understand that you will be required to pay a commission on each order placed by the User i.e. Rs 10 per order that is decided by the M/S Addlens Technologies Pvt. Ltd.
- You understand that we do not endorse any advertiser, manufacturer, or Service provider linked to the application. We do not manufacture or produce the products or provide services offered by us on our platform. Furthermore, we are under no obligation to monitor the Third Party’s service used by you; the manufacturer/ Service provider alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees.
- Any dispute with or complaint against any manufacturer or service provider must be directly resolved by the buyer with the manufacturer or service provider. It is clarified that we shall not be responsible or liable for any deficiency in goods and/or services purchased or while using a platform. Buyers are instructed to satisfy themselves regarding the quality, quantity, and fitness of any good and/or service before purchasing the same.
- We use a third-party service provider, for effecting and processing payments made by electronic means on our Platform. The measures employed to secure such payments are the sole responsibility of this third-party service provider. For any information pertaining to the security measures implemented by your bank, UPI, credit card, or E-Wallet service provider, please contact them directly. We are not responsible or liable for any of their data security practices or obligations.
- You agree to receive all commercial messages including transactional messages from us through the processing mechanism. We shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers. We shall not be obligated to verify or make further inquiries into the identity of the sender, or the integrity of any communications. We shall not be responsible for any losses sustained through the use of stolen or hacked devices or fraudulent electronic transactions.
- Users have the option to make payments directly to the Manufacturer/Service Provider or to us. You agree that in case any amount is transferred erroneously by You to any Manufacturer/Service provider, Participating Platforms, or any other person, we shall not be liable to refund such amount to You under any circumstances. However, if you are making a payment to us, then we will be responsible for processing that payment.
- You understand and agree that, if you know or have reasons to believe that the security of your Account on our platform has been breached, you should contact our customer care support immediately as per the contact information provided below. If we find a security breach or suspected security breach of your Account on our platform, we may require you to change your password, and/or temporarily or permanently block your Account without us incurring any liability.
You agree to use the Platform at your own risk. The Platform, including any content, and any other information is provided “as is” and, to the fullest extent permitted by law, is provided without warranties of any kind, either express or implied.
PRICING AND PAYMENTS
- You understand that while availing services offered by the service provider displayed on our platform, pricing for goods or services will be provided directly by the service providers but we will review and confirm these prices to ensure that they do not exceed the current market price, safeguarding your interests as a user.
- The service provider will provide Rs 10 as a platform fee per order that the service provider will receive from the platform.
- Buyer has the option to make payments directly to the Manufacturer/Service Provider or to us. You understand that if you are paying directly to us then all payments for products purchased or services availed shall be made in accordance with the payment gateways offered to you on the Application. This means that no other modes of payment shall be accepted by the Application except for those specified in the Application. Further, if you choose to pay directly to the Manufacturer/Service Provider, you may do so either online through payment gateways provided on the application or after the delivery of goods or services.
- Payment gateways that are provided are such as Debit/Credit Card, Paytm, Freecharge, Mobiquik, UPI, Rupay, Amazon Pay, PhonePe, PayPal, or any other payment gateway authorized by the government.
- Users have the option to make payments directly to the Manufacturer/Service Provider or to us. You understand that all payments with respect to Products purchased or services availed shall be made in accordance with the payment gateways offered to You on the Application, which is to say that, no other modes of payments shall be accepted by the Application except for the ones specified on the Application.
- You understand that the payment of the booking amount shall be pre-paid made by You via Debit / Credit Card / Paytm / Freecharge / Mobiquick / UPI / Rupay / Amazon Pay / Phone Pe / Pay Pal / or any other payment gateway authorized by the govt. To the Application.
- As a manufacturer or service provider, you are responsible for the timely delivery of goods or services, and we hold no responsibility for delays or failures in delivery.
- You understand that all prices displayed with respect to any Product or service on the Application shall be inclusive of GST and any other taxes as applicable unless stated otherwise.
- You understand that the Buyer cannot cancel any order once the products or services have been purchased and the Application has accepted and processed the Order. However, if the Manufacturer or Service Provider cancels the order after receiving confirmation from the Buyer, the Buyer will receive a refund from either us or the Manufacturer/Service Provider, depending on where the payment was made. The refund of the booking amount will be the responsibility of the Manufacturer or Service Provider.
- In the event a transaction initiated by You and not processed successfully / approved by Your respective payment gateway or bank or wallet but the payment has been deducted from your bank or payment gateway or wallet (as the case may be), then in that event, we shall not be responsible/liable for such a failure on the part of Your payment gateway or bank or wallet.
FEES AND PAYMENT TERMS
- The service provider/customer agrees to pay Rs 10 per order to the platform as a service charge which is non-refundable.
- Payments for the same can be made in one of the following ways: (i) Credit and Debit cards; (ii) Net banking; (iii) E-Wallets; (iv) UPI; and (v) Valid Gift cards issued (if any) by us.
THIRD-PARTY TERMS AND CONDITIONS
- You agree that any web link on the application to a third-party site, platforms, content, services, and or products (collectively called “Third-Party Site”) does not constitute or imply endorsement by, or affiliation with, M/S Addlens Technologies Pvt. Ltd of that Third-Party Site, including its operator or its contents, services, and/or offerings. By using or browsing any such other web link/site, you shall be subject to the terms and conditions in each such web link at your own risk. M/S Addlens Technologies Pvt. Ltd does not hold any liability for the information collected from You by third-party application/link or application and We cannot indemnify You for any third-party actions.
- You understand that we may use various third-party data, software, and/or services to run our Platform and enable us to offer you our Products and services. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software, or services. Any such liability if arises shall be solely borne by the appropriate third party only.
DELIVERY
- You understand and agree that, as a manufacturer or service provider, you bear the sole responsibility for the delivery of products and services to the buyer. The User(s) further agree that ORDALANE shall not be liable or responsible for any damages, liabilities, harms, inconveniences, business disruptions, or expenditures of any kind that may occur or arise as a result of or in connection with any delays, non-delivery, or other issues related to the delivery of the said products and services. Additionally, the Contractor/Service Provider must provide information regarding the estimated delivery of goods or services in the remarks section for each order to ensure transparency and timely updates to the Buyer.
- The User(s) acknowledge and agree that ORDALANE shall not be responsible or liable for any return, refund, or exchange of products or services. The sole responsibility for handling and processing any returns, refunds, or exchanges shall rest with the seller, contractor, or service provider, in accordance with their respective policies and procedures.
- Any disputes, claims, or disagreements arising out of or in connection with the delivery, return, or refund of products and services shall be resolved directly between the manufacturer or service provider and the buyer. ORDALANE shall not be responsible or liable for mediating, resolving, or participating in such disputes. The supplier and the customer shall resolve these matters in accordance with their agreed-upon terms and conditions and applicable law.
COMMUNICATION
By accepting the terms and conditions, you accept the following;
- We may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting, or availing any third-party products or services on our application.
- We will make our best efforts to provide communication alerts via emails SMS push notifications or other progressive technology.
- You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, and network interruptions.
- You agree not to hold us liable for non-delivery for any alert or any loss suffered by you due to delay distortion or failure of communication.
- You further acknowledge that you are responsible for the information and contact details shared with Us and shall update us on any change in your contact details.
- You authorize Us to contact you and communicate with you for any of our Services. We may use third-party service providers to send alerts or communicate with you.
- You authorize our application to override the DND settings to reach out to you over calls, SMS, emails, and any other mode of communication.
INTELLECTUAL PROPERTY RIGHTS
- You agree that all materials, products, and services provided on the application including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and are the property of M/S Addlens Technologies Pvt. Ltd and its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You further agree that you will not reproduce, republish, upload, post, transmit, distribute, or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations.
- All those Intellectual Property rights arising as a result of domain names, the internet, or any other right available under applicable law shall vest in the domain of our application as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and Our control or control of its licensors as the case may be.
- All rights, interests, and titles in the Products, Information, and the Platform itself, its layout, trademarks, copyrights, content, information, images, illustrations, graphics, video clips, text, databases, utility models, underlying technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, underlying codes and algorithm, mask works, moral rights, trade secrets, database rights patent, rights of publicity, trademarks, service marks, logos and designs, data analysis, data models, data sets, formulae and processes, and any upgrades, fixes, improvements or modifications thereto (“Intellectual Property”), vests with us or our associates unconditionally and constitutes our exclusive Intellectual Property.
- You understand that without the prior written consent of the owner, modification of the materials, use of the materials on any other platform or networked computer environment, or use of the materials for any purpose other than personal including but not limited to duplication, distribution, create a derivative of works, display, extraction of the source code of the Platform, translating the Platform, or any other non-commercial or commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by M/S Addlens Technologies Pvt. Ltd or its third-party licensors without prior written consent. If you create any derivative works using our Intellectual Property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless M/S Addlens Technologies Pvt. Ltd its affiliates, employees, officers, directors, owners, licensee, and partners from and against all actions, claims, liabilities, damages, losses, costs, expenses, or fees including without limitation legal fees and expenses, arising out of, or in connection with;
- Your breach of this Terms of Use, Privacy Policy, and other Policies, or
- Your violation of any applicable law, rules, or regulations or the rights including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions, or other rights.
- any negligence by you or any of your agents, employees, licensees, contractors, or Customers;
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us. This clause shall survive the expiry or termination of these Terms.
LIMITATION OF LIABILITY
- In no event will M/S Addlens Technologies Pvt. Ltd or our directors, officers, employees, affiliates, contractors, agents, licensors, partners, importers, or suppliers be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation damages for loss of business opportunities, loss of profits or revenues, business interruption, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising out of or relating to this agreement, use of or inability to use the Services or any reference application/application/link, however, caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You.
- Subject to the maximum extent permitted by law, we shall not be responsible for any direct, indirect, special, incidental, or consequential loss, injury, or damages resulting from breach of any warranty, guarantee, or any other condition under any other legal theory including loss of revenue, loss of profits, loss of reputation or goodwill arising from the use of the Products offered by us through our platform.
- Under no circumstances will we, our directors, investors, shareholders, employees, representatives, or affiliates be liable for such Information or any consequences thereof.
RESTRICTIONS AND USE
- You take complete responsibility for any information that you upload, post, email, or otherwise make available to us on the Platform for any purpose, including but not limited to Product/service reviews, and we do not assume any responsibility for such information.
- You agree and undertake that by using the Platform (any/ all the platforms owned and operated by us) you shall not engage in or encourage or assist others to:
- Use the Platform or any content for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
- Use the Platform for any harmful or nefarious purpose;
- Use the Platform in order to cause any kind of damage to us in any form or manner whatsoever;
- Spam or defraud any users of the Platform or any potential users thereof;
- Impersonate any person or entity on the Platform;
- Be disrespectful or unkind while interacting or communicating with any of our representatives;
- Use the Platform or any content thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights;
- Use the Platform in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
- Use the Platform in any manner that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Use another user’s account, or share an account with another user;
- Create another account if we have already terminated your account unless you have our permission;
- Use the Platform or the content thereof immediately for any commercial purposes, except as provided for under these Terms, without our written consent;
- Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Platform, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, product images, greeting cards, other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial or non-commercial purposes, or otherwise use or exploit the Platform and/or content thereof in any manner that is not permitted under these Terms;
- Express or imply that any statements you make are endorsed by us.
If you do or attempt any such acts, we may terminate your use of the Platform. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.
TERMINATION
- You agree that M/S Addlens Technologies Pvt. Ltd at its sole discretion may terminate, suspend, restrict, or modify your user account, registration with, or access to all parts of the application/application, without prior notice, at any time and for any reason. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities We determine that You have violated the terms of use and You agree that in case we suffer losses, not limited to monetary losses, due to Your actions, we can take injunctive relief or any other legal action as deemed necessary within the said circumstances and we are not liable for any loss to You due to termination. Upon termination for any reason, you agree to delete or deactivate the User account and immediately stop using our application.
- You understand that these Terms will be effective until terminated by us or you. We reserve the right, at any time, to:
- discontinue or modify any aspect of the Platform or products;
- terminate these Terms and your use of the Platform, Products with or without cause;
FORCE MAJEURE
The term “force majeure” as used herein means acts of God, acts of government, acts of terrorism, strikes, lockouts, or other industrial disturbances, acts of a public enemy, blockades, wars, insurrections, or riots, terrorism, epidemics, landslides, fires, storms, floods, explosions, technological failures, breaches, hacks, system vulnerabilities or incompatibilities, or other similar causes beyond the control of such party. Notwithstanding anything to the contrary contained herein, M/S Addlens Technologies Pvt. Ltd shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control.
MODIFICATION TO THESE TERMS AND CONDITIONS
- Our Terms and Conditions Policy is subject to change from time to time without notice. We may change, modify, remove, or add to these terms and conditions at our sole discretion, at any time without providing prior notice to you. It is strongly recommended that you periodically review our terms and conditions and keep yourself updated with any changes or modifications made herein as available on the Application.
- Your continued use of the application and the Features following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
- You shall be deemed to have accepted our changed, revised, or modified Terms and conditions if you continue to use our application or avail of our Services post changes, revision, or modification in this policy, and the last changed, revised, or modified Privacy Policy shall be applicable to you.
MISCELLANEOUS
- Notices– Notices to be issued pursuant to these Terms and Conditions shall be delivered to the registered address of the relevant Party as first mentioned herein, or such other address as may be notified by the relevant Party.
- Assignment- You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favor, without any restriction.
- Waiver- Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.
- Severability- If any of these Terms is held to be illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal, or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
DISPUTE, GOVERNING LAW, AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Kolkata, India.
- All dispute, controversy, or claim in relation to any Services provided by us on our application, including any question regarding the existence, validity, or termination of these terms and conditions (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.
- You agree that any claim or dispute You may have against M/S Addlens Technologies Pvt. Ltd must be resolved by a court having jurisdiction at the registered place to operations of M/S Addlens Technologies Pvt. Ltd
- The appropriate courts and forums having jurisdiction in the registered place to operations of M/S Addlens Technologies Pvt. Ltd shall have exclusive jurisdiction in any proceedings arising out of the use of the application and these Terms. M/S Addlens Technologies Pvt. Ltd may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal, or another appropriate forum, and you hereby consent to that jurisdiction.
CONTACTING US
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to ______.