THE TERMS OF SERVICE
& TERMS OF USE IS APPLICABLE TO THE WEBSITE WWW.LEMONTE.IN ,
FACEBOOK PAGE OR ANY OTHER SOCIAL CHANNEL OF LEMONTE:
By using our services
through website you agree to the following policies:
While we strive to
provide accurate product and pricing information, pricing or typographical
errors may occur. We cannot confirm the price of the product until you
place the order. In the event that a product is listed at an incorrect
price or with incorrect information due to an error in pricing or product
information, LEMONTE shall have the right, at our sole discretion, to refuse or
cancel any orders placed for that product, unless the product has already been
dispatched. In the event that an item is wrongly priced, LEMONTE may, at its
discretion, either contact you for instructions or cancel your order and notify
you of such cancellation. Unless the product ordered by you has been
dispatched, your offer will not be deemed accepted and LEMONTE will have the
right to modify the price of the product and contact you for further
instructions using the e-mail or phone number provided by you during the
time of registration or placing of order, or cancel the order and notify you of
such cancellation. In the event that LEMONTE accepts your order the same shall
be billed to your account. The payment may be processed prior to LEMONTE’s
dispatch of the product that you have ordered. If we have to cancel the order
after we have processed the payment, the said amount will be reversed back to
the original mode of payment/bank/card account. Prices and availability are
subject to change without notice.
Mode of Making
Payments
Payments for the
products available on the Site may be made in the following ways: Payments can
be made by Credit Cards, Debit Cards, Net Banking, Wallet, UPI , Paytm or Cash
on Delivery. Prepaid Payments like Credit card, Debit Card and Net Banking
payment options are instant payment options and recommended to ensure faster
processing of your order. If you refuse to accept COD order , your COD facility
may be suspended for indefinite period at sole discretion of LEMONTE.
Cancellations,
Refunds, and Returns
Please refer to
our Return and Refund Policy provided on the Site.
Shipping and Delivery
Please refer to
our Shipping Policy available
on the Site for further information.
Duties:
Please also note that
for any International shipments – any custom duties , taxes
etc applicable in the Customer’s Home country will be borne by the Customer. LEMONTE
cannot be held responsible for any delay/cancellation/seizure of goods due to
any reasons beyond control of LEMONTE.
For domestic shipments – Any entry , Octroi/duties
or any other state taxes during transit will be borne by the Customer. LEMONTE
will not be held responsible for any loss or damage of products during
transit.
Chat Functionality
The Chat Functionality
has been provided to help you with any and all Site related queries. Any use of
this service shall be subject to the following conditions:
·
LEMONTE may suspend
the chat service at any time without notice.
·
LEMONTE or its
executives are not responsible for any delay caused in attending to or replying
to the queries via chat.
·
Communication through
chat may be stored by LEMONTE for future reference, and the user of such
service will not have the right to access this information at a later date.
·
While ‘chatting’ you
may not communicate any objectionable information i.e. unlawful, threatening,
abusive, defamatory, obscene information.
·
The chat shall
not be used to sell any products, to give advice on business opportunity or any
other form of solicitation.
·
You may proceed
further and chat with our online customer care executive only if you agree to
the above Terms of Service.
Representations
You agree to and make
the following representations That you will use the services of the Site for
lawful purposes only and comply with all applicable laws and regulations while
transacting on the Site.
You will provide
authentic and true information in all instances where such information is
requested of you. We reserve the right to confirm and validate the information
and other details provided by you at any point of time. If upon confirmation
your details are found not to be true (wholly or partially), LEMONTE has the
right in its sole discretion to debar you from using the services of the Site.
Where credit card
details are required, you will provide correct information. You will only use a
credit card that you own in your transactions with LEMONTE. Liability for use
of a card fraudulently is exclusively on you, and will lead to claims of cost
of goods, collection costs, legal fees etc.
That you are accessing
the services available on this Site and transacting at your sole risk and are
using your best and prudent judgment before entering into any transaction
through this Site.
That the address at
which delivery of the product ordered by you is to be made will be correct and
proper in all respects.
That before placing an
order you will check the product description carefully. By placing an order for
a product you agree to be bound by the conditions of sale included in its
description.
You may not use the
Site for any of the following purposes:
·
Disseminating any
unlawful, harassing, libelous, abusive, threatening, defame, harmful, vulgar,
obscene, or otherwise objectionable material.
·
Transmitting material
that encourages conduct that constitutes a criminal offence, results in civil
liability or otherwise breaches any relevant laws, regulations or code of
practice.
·
Gaining unauthorized access
to other computer systems.
·
Interfering with any
other person’s use or enjoyment of the Site.
·
Breaching any
applicable laws.
·
Interfering or
disrupting networks or web sites connected to the Site.
Intellectual Property
Rights LEMONTE and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content, software and other materials, which appear on this Site.
The compilation (meaning the collection, arrangement and assembly) of the
content on the Site is the exclusive property of LEMONTE. Access to this Site
does not confer and shall not be considered as conferring upon anyone any
license under any LEMONTE or third party intellectual property rights. All
rights, including copyright, in this website are owned by or licensed to LEMONTE.
Any use of this website or its contents, including copying or storing any
information in whole or part, other than for your own personal, non-commercial
use is prohibited without the permission of LEMONTE.
Any reproduction for
purposes other than those permitted above, modification, distribution,
republishing, transmission, display or performance- without the prior written
permission of LEMONTE is strictly prohibited. The “LEMONTE” name and logo and
all related product and service names, design marks and slogans are the
trademarks or service marks of LEMONTE. All other marks provided on the Site
are the property of their respective companies. No trademark or service mark
license is granted in connection with the materials contained on this Site.
Access to this Site does not authorize anyone to use any name, logo or mark in
any manner. All materials, including images, text, illustrations, designs,
icons, photographs, programs, music clips, downloads, video clips and written
and other materials that are part of this Site (collectively, the “Contents”)
are intended solely for personal, non-commercial use.
You may download or
copy the Contents and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or
any related software. All software used on this Site is the property of LEMONTE
or its suppliers and protected by Indian and international copyright laws. The
Contents and software on this Site may be used only as a shopping resource. Any
other use, including the reproduction, modification, distribution,
transmission, re-publication, display, or performance, of the Contents on this
Site is strictly prohibited. Unless LEMONTE explicitly provides to the
contrary, all Contents are copyrights, trademarks, trade dress and/or other
intellectual property owned, controlled or licensed by LEMONTE, one of its
affiliates or by third parties who have licensed their materials to LEMONTE and
are protected by Indian and international copyright laws.
The compilation
(meaning the collection, arrangement, and assembly) of all Contents on this
Site is the exclusive property of LEMONTE and is also protected by Indian and
international copyright laws. Links and Third Party Sites References on this
Site to any names, marks, products or services of third parties or hypertext
links to third party sites or information are provided solely as a convenience
to you. This does not in any way constitute or imply LEMONTE endorsement, sponsorship
or recommendation of the third party, information, product or service or any
association and relationship between LEMONTE and those third parties. LEMONTE
is not responsible for the content of any third party sites and does not make
any representations regarding the content or accuracy of material on such
sites. If you decide to link to any such third party websites, you do so
entirely at your own risk. Governing Law and Jurisdiction The Terms of Use and
the Policies, shall be construed in accordance with the applicable laws of
India.
For proceedings
arising therein the Courts at Ghaziabad shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of these Terms
of Service, and other Policies on the Site, between the parties hereto, shall
be referred to an independent arbitrator who will be appointed by LEMONTE and
his decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be held in Ghaziabad.
Indemnity You agree to defend, indemnify and hold harmless LEMONTE, its employees,
directors, officers, agents and their successors and assigns from and against
any and all claims, liabilities, damages, losses, costs and expenses, including
attorney’s fees, caused by or arising out of claims based upon your actions or
inactions, which may result in any loss or liability to LEMONTE or any third
party including but not limited to breach of any warranties, representations or
undertakings or in relation to the non-fulfillment of any of your obligations
under the Terms of Use, or arising out of the your violation of any applicable
laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights. This clause shall
survive the expiry or termination of the Terms of Use. Termination These Terms
of service are effective unless and until terminated by either you or LEMONTE.
You may terminate the Terms of Use at any time, provided that you discontinue
any further use of this Site. LEMONTE may terminate the Terms of Use at any
time and may do so without notice, and accordingly deny you access to the Site,
Such termination will be without any liability to the Site. Upon any
termination of the Terms of service by either you or LEMONTE, you must promptly
destroy all materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the Terms of Use or
otherwise. Any such termination of the Terms of Use shall not cancel your
obligation to pay for the product already ordered from the Site or affect any
liability that may have arisen under the Terms of Use. Disclaimer of Warranty
and Limitation of Liability All content, products, and services on the site, or
obtained from a website to which the Site is linked are provided to you “as is”
without warranty of any kind either express or implied including, but not
limited to, the implied warranties of merchantability and fitness for a
particular purpose, title, non-infringement, security or accuracy. All
warranties, if any, relating to the product and services would be provided by
the manufacturer/supplier of such product and not by LEMONTE. Any claim in
relation to the same should be raised against respective manufacturer/supplier
and not LEMONTE in any case whatsoever. The Site provides content from other
internet sites or resources and while LEMONTE tries to ensure that material
included on the Site is correct, reputable and of high quality, it will not
accept responsibility if this is not the case. LEMONTE will not be responsible
for any errors or omissions or for any loss or damage caused by reliance on
such information.
While LEMONTE aims to
make the Site accessible 24 hours per day, 7 days per week, the Site may be
unavailable from time to time for any reason including, without limitation,
routine maintenance. You understand and acknowledge that due to circumstances
both within and outside of the control of LEMONTE, access to the Site may be
interrupted, suspended or terminated from time to time. LEMONTE shall have the
right at any time to change or discontinue any aspect or feature of the Site,
including, but not limited to, content, hours of availability and equipment
needed for access or use. Further, the Site may discontinue disseminating any
portion of information or category of information. LEMONTE, its suppliers,
subsidiaries, affiliates, officers, employees, agents, partners and licencors,
shall not be liable for any damages of any kind arising out of or in connection
with the use of the Site or the purchase of products from the Site. THIS IS A
COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special,
incidental, consequential or exemplary damages, damages for loss of profits,
goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR
UNDER ANY APPLICABLE LAW.LEMONTE, its associates and technology partners make
no representations or warranties about the accuracy, reliability, completeness,
and/or timeliness of any content, information, software, text, graphics, links
or communications provided on or through the use of the Site or that the
operation of the Site will be error free and/or uninterrupted.
Consequently, LEMONTE
assumes no liability whatsoever for any monetary or other damage suffered by
you on account of the delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Site; and/or any
interruption or errors in the operation of the Site. You understand that by
using this Site or any services provided on the Site, you may encounter content
that may be deemed by some to be offensive, indecent, or objectionable, which
content may or may not be identified as such. You agree to use the Site and any
service at your sole risk and that to the fullest extent permitted under
applicable law, LEMONTE and its affiliates shall have no liability to you for
content that may be deemed offensive, indecent, or objectionable to you. LEMONTE
through the Website intends to provide its users with general information about
products.
The postings on the
Website or on social networking sites, including the Website’s Facebook page,
or any information provided over chat or e-mails exchanged with LEMONTE, its
employees or representatives (collectively referred to as “Information”) which
are in furtherance of any communication made by the user with LEMONTE, its
employees or representatives is based on the background provided by the user.
While LEMONTE takes reasonable care to ensure that the Information is accurate,
LEMONTE takes no responsibility for the accuracy, completeness, appropriateness
or usefulness of the Information. In case any User relies on the Information,
he/she may do so at its own risk. Under no circumstances will LEMONTE, its
employees, representative or affiliates be liable for the Information or the
consequences of relying on such Information. For any general information posted
on the Website, users must not infer or assume that such information
necessarily applies to them.
Site Security You are
prohibited from violating or attempting to violate the security of the Site,
including, without limitation, (a) accessing data not intended for you or
logging onto a server or an account which you are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any other user, host or network,
including, without limitation, via means of submitting a virus to the Site,
overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending
unsolicited email, including promotions and/or advertising of products or
services; or (e) forging any header or any part of the header information in
any email or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. LEMONTE is entitled to investigate
occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from LEMONTE on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
REGARDING TRANSACTIONS
:
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 present limit mutually agreed
by us with our acquiring bank from time to time.
Entire Agreement
If any part of these
Terms of Use is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Terms of Service shall continue to be in effect. Unless
otherwise specified herein, these Terms of Use constitutes the entire agreement
between you and LEMONTE with respect to the Site/services and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written. LEMONTE’s failure to act with respect to a breach by you or others
does not waive its right to act with respect to the breach or subsequent and
similar breaches.