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This Website is operated by HomeBox Online Directory Private Limited under its brand name “Lazuli” (“Lazuli”).

 

Your access and use of http://lazuli.in/ ("Website") is governed by these Terms of Use. Please take a few minutes to review the same. Your use of this Website constitutes your agreement to adhere to and be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not access and use this Website. For the purposes of these Terms of Use, “we”, “our” and “us” shall mean Lazuli and “you” and “your” shall mean a Visitor and/or Business (both as defined below), who meets the eligibility criteria set out below.

 

1.                TERMS AND CONDITIONS SUBJECT TO CHANGE

 

1.1.           We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this Website following any such change constitutes your agreement to follow and be bound by these Terms of Use as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this Website.

 

2.                ELIGIBILITY

 

2.1.           You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use this Website if you are not competent to contract under the applicable laws, rules and regulations.

 

2.2.           If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.

 

2.3.           You shall not access this Website and avail of the features and facilities if you are not eligible to do so.

 

3.                WEBSITE

 

3.1.           The Website is an online interactive platform that aggregates stores (“Store(s)”) and professionals (“Professional(s)”) of spatial products and service solutions to showcase and publicise the same. The Stores and Professionals for the purposes hereof shall, when referred to collectively, be referred to as “Business(es)”.

 

3.2.           A visitor to the Website (“Visitor”) can therefore make informed and educated choices regarding their spatial needs and requirements and comment on and interact with the Businesses and other Visitors in accordance with these Terms of Use.

 

3.3.           In addition thereto, the Stores will be able to advertise their products on this Website.

 

 

3.4.           Stores who have registered on this Website and third parties are also allowed to promote their products and services, whether or not connected with or ancillary to spatial products and service solutions, by way of paid advertisements on this Website. Such advertisements may display links to sites that are beyond our control.

 

 

4.                USE OF WEBSITE

 

4.1.           You agree and acknowledge that we are not involved in the sale, purchase or procurement of the spatial products and service solutions listed on this Website. We are only an aggregator of the Businesses and do not have control in any manner whatsoever over any transaction that is undertaken between a Visitor and a Business. We are not involved in any transaction between any parties who are using our Website. There are risks, which you assume when dealing with Businesses and the same shall be borne by you. The Website is a venue only and we may not screen / censor and/or otherwise control all the listings offered to you. We cannot and do not control the behavior of all the Visitors and Businesses on this Website. We cannot control whether or not the Businesses or Visitors will complete the transactions they describe on this Website. It is extremely important that you take care to act in a prudent and diligent manner throughout your dealing with Businesses or Visitors as you would if you were dealing with them directly on a principle to principle basis.

 

4.2.           Accordingly, we shall neither be liable nor responsible for any actions or inactions, errors or omissions of any Businesses or any breach of conditions of contract, representations or warranties made or offered by the Businesses nor failure to make any payment by the Visitors.

 

4.3.           We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between Businesses, Visitors and/or Businesses and Visitors.

 

4.4.           You further agree and undertake that you are accessing the Website, availing of the features and facilities and transacting with the Businesses and Visitors, as the case may be, at your sole risk and are using your best and prudent judgment before entering into any such transactions.

 

5.                USER CONTENT

 

5.1.           We offer you the opportunity to comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links submitted as a part of your profile, portfolio of spatial products and service solutions or in connection with any of the foregoing activities shall constitute "User Content".

 

5.2.           You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information that you may need in order to market or avail of spatial products and service solutions. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any User Content you upload or intend to rely upon. No User Content shall be deemed endorsed by us unless we specifically make an express endorsement to that effect. You should also be aware that other Businesses and Visitors may access the Website and utilize the features and facilities for their benefit. As a result, please appreciate User Content with appropriate caution and exercise the required due diligence. User Content may be misleading, deceptive, or erroneous.

 

5.3.           If you upload, post or submit any User Content, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person.

 

5.4.           You must ensure that the User Content uploaded, posted or submitted :

5.4.1.      is relevant to the Website;

5.4.2.      is not abusive or vitriolic;

5.4.3.      is not vulgar, sexist, casteist, racist or derogatory in any form or manner;

5.4.4.      is not for the purposes of targeting individual Visitors for soliciting business and does not amount to spam;

5.4.5.      is not in violation of anyone's copyright or intellectual property rights; and

5.4.6.      is not vindictive of or targets any Businesses individually or personally. 

 

5.5.           We may be unable to exercise supervisory or editorial control over and/or edit and/or amend all User Content that that may be inserted or/and made available or transmitted to a third party in or through the Website and you acknowledge the same. You however understand and agree that we have absolute discretion to suspend and/or terminate your registration and/or refuse to upload, delete and/or amend any User Content with cause, including without limitation so as, in our sole opinion, to comply with the prevailing legal framework and/or moral obligations as placed on the Website and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to User Content or without cause and without notice to you. This shall be without prejudice to our right to take recourse to such legal proceedings as may be available to us, if we find that you have uploaded any User Content in violation of these Terms of Use.

 

5.6.           If you do happen to come across any User Content that is inaccurate, not up-to-date or is in violation of any third party’s intellectual property rights or these Terms of Use, kindly inform us of the same. We reserve the right to act on the same, at our sole discretion, in such manner as we may deem appropriate, based on the particular facts and circumstances.

 

5.7.           Please note that User Content may contain links to any third party websites and may include links to affiliated or other products or services. You may access these links at your sole risk as we shall have no control whatsoever on the contents thereof or the products and services promised thereunder.

 

6.                ELECTRONIC COMMUNICATION

 

6.1.           By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) provided for herein.

 

7.                INTELLECTUAL PROPERTY POLICY

 

7.1.           All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames ("Website Content"), constitute our and our licensors’ intellectual property. The Website and the Website Content are protected by the copyright laws in all applicable jurisdictions.

 

7.2.           Any and all rights to the User Content shall remain vested with you and your licensors and shall not stand transferred to us by virtue of you having posted the same on this Website.  In the event you do license the same to us for any purpose, by way of a separate agreement to that effect, we shall give due credit to you for your User Content and not utilize the same in any way or manner which would constitute a violation of your intellectual property rights thereto.

 

7.3.           You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided for herein.

 

8.                PRIVACY POLICY

 

8.1.           Access to and use of this Website is subject to our Privacy Policy. We respect your privacy. We will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

 

9.                DEBIT / CREDIT CARD DETAILS

 

9.1.           You agree, understand and confirm that the credit card details provided by you for registering as a Store on this Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.

 

10.             INDEMNIFICATION

 

10.1.        You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of this Website, including, without limitation, your access and use of this Website in violation of this Terms of Use.

 

11.             DISCLAIMER

 

11.1.        You agree that you are availing of the features and facilities at your own risk. The feature and facilities are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

11.2.        We make no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor do we make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.

 

11.3.        There are no representations and warranties, whether express or implied, made by us regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the features and facilities.

 

11.4.        All information that is provided to us and is uploaded on this Website is accepted in good faith and we accept no responsibility whatsoever regarding the bona fides thereof.

 

11.5.        You shall ensure that while using the features and facilities, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

 

11.6.        We do not warrant that this Website or any of the websites linked to the Website be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.

 

12.             LIMITATION OF LIABILITY

 

12.1.        ACCESS TO THIS WEBSITE AND THE FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. WE EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS WEBSITE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

 

12.2.        IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE CLAUSE SHALL SURVIVE IN PERPETUITY.

 

13.             MAXIMUM EFFECT

 

13.1.        The laws of certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Terms of Use. Under such circumstances, ours and our affiliates' (and our and their respective employees, shareholders, directors, agents and representatives) liability shall be limited to the greatest extent permitted by law.

 

14.             REQUESTING PAPER COPIES

 

14.1.        Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request or because your email address fails.

 

15.             ASSIGNMENT

 

15.1.        You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use without our prior written consent. Subject to the foregoing, these Terms of Use will be binding on each of our successors and permitted assigns. Any assignment or transfer in violation of this clause will be deemed null and void.

 

16.             NO WAIVER

 

16.1.        We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

 

17.             NO AGENCY

 

17.1.        Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (i) neither you nor us shall be deemed to be an agent or representative of the other by virtue of these Terms of Use; (ii) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

 

18.             GOVERNING LAW AND JURISDICTION

 

18.1.        These Terms of Use are governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in the event of any disputes arising out of or relating to the access and use of this Website and the features and facilities. Access and use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or the features and facilities or information provided to or gathered by us with respect to such use.

 

19.             VALIDITY OF TERMS OF USE

 

19.1.        These Terms of Use shall apply when you access the Website and avail of the features and facilities and shall extend to your User Content, if any, for so long as it remains on this Website.  

 

20.             ENTIRE AGREEMENT

 

20.1.        These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

CONTACT INFORMATION

You can contact us at:

T3, Gold Signature

95, Mosque Road

Frazer Town

Bangalore 560005

Tel: +91 80 69999287

Email: info@lazuli.in