T E R M S A N D C O N D I T I O N S
Terms and Conditions
Welcome to Lagavi
The terms and conditions as set out herein (“Terms”) constitute an agreement between Lagavi Retail Private Limited, having its registered office at C-68, Lal Kothi Scheme Jaipur, Rajasthan – 302015, India (“we”, “us” or “our”), which operates the website www.lagavi.com and a natural or legal person who accesses and/or uses Lagavi in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Lagavi Platform (“Service(s)”), as updated from time to time.
For the purposes of these Terms: (a) “Lagavi Platform” means the www.lagavi.com, which includes its corresponding mobile application/website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/websites/ tablets and digital modes as provided by us; (b) “Products” shall mean a diverse range of products listed on the Lagavi Platform from time to time and other products offered for sale to you on the Lagavi Platform; and (c) we and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
By using Lagavi Platform you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use Lagavi Platform. If you have any questions about the Terms, please contact us at firstname.lastname@example.org. Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Lagavi Platform and transactions or dealings thereon.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Lagavi Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF LAGAVI PLATFORM
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.
1.5 Lagavi Platform is only to be used for your personal non-commercial use, information and solely for identifying Products, carrying out purchase of Products and processing returns and refunds, in accordance with return and refund policy, therefore, grant you a limited, revocable permission to access and use the Services.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement.
1.7 If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Lagavi Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user.
1.8 In the event we are made aware that a user is under the age of 18 and is using/browsing the Lagavi Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
1.9 By accepting this Agreement, you affirm that proceeds of any illegal and/or immoral activities are not used to carry out the purchase of Products on Lagavi Platform.
2.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
3. REGISTRATION OF YOUR ACCOUNT
3.1 In order to purchase Products on the Lagavi Platform and/or avail the Services, you will have to register on the Lagavi Platform. Registration is a one-time mandatory process. Upon successful registration, you will be allowed to create a username and password which are linked to your profile. These details are non-transferable.
3.2 You are solely authorized to operate the account created by you. You shall remain solely liable for all the actions undertaken through your account.
3.4 You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you.
3.5 We reserve the right to refuse access to the Lagavi Platform, terminate accounts, or remove or edit content at any time without notice to you.
4. AVAILIBILITY AND ACCESIBILITY OF LAGAVI PLATFORM
4.1. We control and operate this Lagavi Platform from India and makes no representation that the materials and the content available on the Lagavi Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Lagavi Platform from outside India, you are entirely responsible for compliance with all applicable local laws.
4.2. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
4.3. We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing of referral vouchers fraudulently shall be liable for legal actions under law. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability.
5. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
In your use of Lagavi Platform, you may enter into correspondence with, purchase goods and/or services from, or access any other third-party website linked to the Lagavi Platform. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
6. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
6.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Lagavi Platform is correct at the time of inclusion on the Lagavi Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
6.2 Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Lagavi Platform. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
6.3 As means to assist the users in identifying the Products of their choice, we provide visual representations on the Lagavi Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide an accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
6.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
6.5 We do not covenant or provide any representations and warranties:
a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Lagavi Platform;
b) that the Services will be made available at all times; and
c) that the operation of Lagavi Platform, including the functions contained in any content, information and materials on Lagavi Platform or any third-party sites or services linked to Lagavi Platform will be uninterrupted, or that the defects will be rectified, or that Lagavi Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
6.6 This Lagavi Platform and the Services are provided to you on an “as is” and “where-is” basis, without any representations or warranties. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.
6.7 Disclaimer -To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Lagavi Platform.
6.8 The Lagavi Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice.
7. COPYRIGHTS IN LAGAVI CONTENT
7.1 The Lagavi Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Lagavi Content”). All copyright and other intellectual property rights in the Lagavi Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Lagavi Content as part of Lagavi Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Lagavi Platform are either owned by or licensed to us.
7.2 You may use and display the Lagavi Content on your computer only for your own use.
8. USE OF YOUR CONTENT
8.1 You agree that we do not routinely monitor your postings on Lagavi Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Lagavi Platform or any of the Services, we will respond in any way that, in its sole discretion, we deem appropriate.
8.2 Submissions and unauthorised use of any materials contained on the Lagavi Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Lagavi Platform or the use of the Lagavi Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
9. USER WARRANTIES AND RESTRICTIONS
9.1 You represent and warrant that: (a) your use of Lagavi Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Lagavi Platform and/or Services is true, accurate and lawful; (c) you shall not use our Products and Services for listing/advertising/sale on other e-commerce platforms. If at any time, the information provided by you is found to be false or inaccurate, we will have the right to take appropriate action without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.2 You will use Lagavi Platform for lawful purposes only and will not undertake any activity that is harmful to Lagavi Platform or its content or otherwise not envisaged through the Lagavi Platform.
9.3 You will not do any of the following:
a) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Lagavi Platform;
b) Make false or malicious statements against the Services, Lagavi Platform or us;
c) Introduce any trojans, viruses, any other malicious software, any bots or scrape Lagavi Platform for any information;
d) Hack into or introduce malicious software of any kind onto Lagavi Platform;
e) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
9.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Lagavi Platform, any information that:
a) belongs to another person and to which you do not have any right;
b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful towards someone’s religious/region sentiments, hateful towards someone’s political ideas, beliefs or any political party, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates or defames another person; or
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
11. GOVERNING LAW AND DISPUTE RESOLUTION:
12. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:
Name: Raunak Mohnot
Designation: Grievance Officer
Email Address: email@example.com
Customer care number: +91-9773331033
Office address: 23 Om Tower, Nandpuri Extn., Chhabra Road, Hawa Sadak, Sodala, Jaipur – 302019, Rajasthan, India
13. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.
18. NODAL OFFICER
Name: Raunak Mohnot
Designation: Nodal Officer
Email Address: firstname.lastname@example.org
Office address: 23 Om Tower, Nandpuri Extn., Chhabra Road, Hawa Sadak, Sodala, Jaipur – 302019, Rajasthan, India
The website (www.lagavi.com) (referred to as the “Lagavi Platform”) is owned and operated by Lagavi Retail Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at C-68 Lal Kothi Scheme, Jaipur, Rajasthan - 302015 (“Lagavi”, “we”, “our” or “us”). Lagavi is engaged in the business of providing home décor and allied services by inter alia facilitating the sale and purchase of home décor products listed and sold (“Products”) via the Lagavi Platform (“Services”) to its users (“User” or “Users” or “you” or “your”).
At Lagavi, we are committed to protecting your Personal Information (as defined below) and respecting your privacy. Please read the following terms of this Policy and the Terms and Conditions carefully (“Terms”) before you access the Lagavi Platform.
By using our Services or the Lagavi Platform or otherwise giving us your information, you consent to be bound by this Policy. You also expressly consent to our use and disclosure of your Personal Information in the manner prescribed under this Policy and further signify your agreement to this Policy and the Terms. If you do not agree to this Policy, please refrain from subscribing or engaging with Services offered, using the Lagavi Platform or giving us any of your information. This Policy, together with the Terms we have with you, applies to your use of the Services. Please read this Policy in consonance with the Terms.
1. How information is collected and used
1.1 When you sign up and register with Lagavi (either through your existing email ID or mobile number or through such third-party logins like Google/Facebook), you are required to provide us information that could reasonably allow us to personally identify either directly or indirectly. Such information received/made available to us can be categorised into the following -
(a) Personally identifiable information (“Personally Identifiable Information”) – which could include, but is not limited to, the User’s name, address, billing/shipping address, GST number, e-mail address, date of birth, contact details, information received from such third party login’s (Facebook and Google) and other such information gauged from the Users interaction with the Lagavi Platform such as comments/opinions, messages/email and such other correspondences or activities in connection to the same.
(b) Sensitive personal information (“Sensitive Personal Information”) – which could include, but is not limited password, financial information (such as credit/debit card details, bank account information and other such payment instrument details), along with other such information, which is if misused or mishandled, could gravely harm the User of such information.
Personally Identifiable Information, Sensitive Personal Information and Non-Personal Information are collectively referred to as “Personal Information”.
1.2 We use the information we receive about you in connection with the Services and in connection with features we provide to you and other users engaging on the Lagavi Platform. We may use the information we receive about you:
(a) As part of our efforts to keep Lagavi’s Products, Services and integrations safe and secure;
(b) To improve, personalise, and facilitate your use of the Services;
(c) To send promotional and other emails and other forms of communication;
(d) To ask for ratings and reviews of our Services and/or Products;
(e) To enable Lagavi to comply with its legal and regulatory obligations
(f) For processing and recording payment transactions, displaying prior transactions, developing new products and services, and delivering the information and support you request, including technical notices and support and administrative messages;
(g) For internal operations, including troubleshooting, data analysis, testing, research and service improvement.
(h) To our sellers/vendors who may supply/dispatch the product directly to the user.
(i) By Lagavi’s employees and collaborators as per instructions given to them.
1.3 Except as provided herein, we do not share any information provided to us by you with any third party (not being an affiliate, third-party service provider or a group company of us) without your consent, except when directed by law.
1.4 We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of the information we receive about you, such as (a) only sharing and providing access to such Personal Information to the minimum extent necessary, subject to appropriate contractual restrictions including confidentiality restrictions where appropriate, and on an anonymised basis wherever possible; (b) using secure servers to store Personal Information; and (c) verifying the identity of any individual who requests access to this information prior to granting them access to such information shared/made available via our Lagavi Platform.
1.5 We cooperate with government, law enforcement officials, and private parties to enforce and comply with the law. Thus, we may access, use, store, transfer and disclose your Personal Information, including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (a) to satisfy any applicable law, regulation, governmental requests or legal process; (b) to protect the safety, rights, property or security of Lagavi, our Services, the Lagavi Platform; (c) to protect the safety of the public for any reason; (iv) to detect, prevent or otherwise address fraud, security or technical issues; and /or (d) to prevent or stop any activity we consider to be or to pose a risk of being, an illegal, unethical, or legally actionable activity. Please note that disclosures may be carried out without notice to you.
1.6 Granting us permission to use your Personal Information not only allows us to provide our Services as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
1.7 While you are allowing us to use the information we receive about you, you will always own all of your information. You can request to review the information provided by you and can accordingly modify, amend, and rectify any such Personal Information found to be inaccurate or deficient. We, however, are not responsible for the authenticity of the Personal Information supplied by you. We don't share information we receive about you with others unless we have the following:
(a) Received your permission;
(b) Given you notice, such as by telling you about it in this Policy; or
(c) Removed your name and any other personally identifying information from it.
1.8 You can, at any time, while availing of the services on the Lagavi Platform can, withdraw your consent by sending written confirmation to us. However, in such a case, you also understand that we reserve the right to refrain from providing you with our services in this regard.
1.9 For information third parties share about you, they control how it is shared. We store data for as long as it is necessary to provide Products and Services to you and others, including those described above.
1.10 Typically, information associated with your account will be stored in accordance with applicable laws after your account is deleted. For certain categories of data, we may also tell you about specific data retention practices. We may enable access to public information that has been shared through our Services. We may allow service providers to access information so they can help us provide Services.
1.11 We shall not retain Personal Information longer than is necessary to fulfil the purposes for which it was collected and as permitted by applicable law. Even after your account is terminated, we may retain your Personal Information as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to the cancellation of an account, investigate or prevent fraud and other inappropriate activity, enforce our agreements, and for other business reasons.
2. How information is shared
2.2 Lagavi may partner with another party to provide specific services if required. When you sign-up for the services, Lagavi will share names or other Personal Information that is necessary for the third party to provide these Services, subject to taking prior permission from the User.
3.1. We take protecting and securing your Personal Information very seriously. Your Personal Information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction by using methods of security to secure all data that is collected from you. Lagavi has put in place appropriate methods and managerial procedures to safeguard and secure Personal Information. It only processes Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or authorized by the individual. The Platform allows users to access their Personal Information and allows them to correct, amend or delete inaccurate information by writing to email@example.com and submitting a request.
3.2. The Personal Information that is collected from you may be transferred to, stored and processed at any destination within India in accordance with applicable laws. By submitting information on Lagavi’s Platform, you agree to this transfer, storing and/or processing. Lagavi will take such steps as it considers reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy.
3.3. In using the Lagavi Platform, you accept the inherent security implications of data transmission over the internet. Therefore, the use of Lagavi’s Platform will be at your own risk, and Lagavi assumes no liability for any disclosure of information due to errors in transmission, unauthorised third-party access or other acts of third parties, or acts or omissions beyond its reasonable control, and you agree not to hold Lagavi responsible for any breach of security.
3.4. In the event Lagavi becomes aware of any breach of the security of your Personal Information, it will promptly notify you and take appropriate action to the best of its ability to remedy such a breach.
4. Third-Party Content and Links to Their Service
4.1 Lagavi’s Platform may contain content that is supplied by a third party, and those third parties may collect Lagavi Platform usage information and other information when web pages from any online or mobile services are provided to your browser. In addition, when you are using the Lagavi Platform, you may be directed to other websites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. When you leave the Lagavi Platform, we encourage you to read the privacy statements of all third-party websites before submitting any information to third parties.
5. Policy Updates
5.1 Lagavi reserves the right to update or modify any part of this policy or make any changes without prior notice to the User. Any changes will be effective immediately upon the posting of the revised Policy on the Lagavi Platform. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Platform prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
6. Data transfer
6.1 This Policy does not apply to any information other than information collected and received by Lagavi through the Lagavi Platform, including such information collected in accordance with Clause 1 above. This Policy will not apply to any unsolicited information provided by you through the Lagavi Platform or through any other means. This includes, but is not limited to, information posted on any public areas of the Lagavi Platform. All such unsolicited information shall be deemed to be non-confidential, and Lagavi will be free to use and disclose such unsolicited information without limitation.
7. Grievance Redressal
7.1 If you have any questions or concerns about this Policy, please feel free to contact us by writing to us at firstname.lastname@example.org. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of personal information about you. Except where required by law, Lagavi cannot ensure a response to questions or comments regarding topics unrelated to this Policy or Lagavi’s privacy practices.