TERMS AND CONDITIONS OF USE
These Conditions of Use form an electronic record as per the Information Technology Act 2000 and rules made there under 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.
PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE WILL SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE CONDITIONS OF USE.
1.1 The use of the Website is offered to the User conditional upon your acceptance of all the terms, conditions and notices contained in these Conditions of Use and any amendments made to it by Lyoness.
1.2 Users of the Website declare themselves in agreement with these Conditions of Use and agree that Lyoness can in no way be made liable for their use of this Website.
1.3 Lyoness reserves the right to amend and/or add to these Conditions of Use at any time and without any reason. Upon such an amendment Lyoness will notify the User by publishing the amendments on the Website and it is the User’s responsibility to apprise himself/herself of the most current version of the Conditions of Use. Accordingly, We urge you to regularly visit the Website to view the most current Conditions of Use. Your continued use of the Website, following amendments to the Conditions of Use, will constitute Your acceptance of those changes.
2. Role of Lyoness
2.1 The Website is a platform that promotes the shopping community that Lyoness operates (“Lyoness Loyalty Programme”) and through the Website the User may access the online shops of specific merchants, which are part of the Lyoness shopping community (“Loyalty Merchants”) and make purchases direct from the Loyalty Merchants of the goods and/or services offered by such Loyalty Merchants.
2.2 Kindly note that through the Website Lyoness only provides a marketplace and advertises, promotes and facilitates the sale of the goods offered by the Merchants. We are not the seller and it is the respective Loyalty Merchant who is the seller and consequently responsible for all obligations arising from the sale. Further, each purchase through this Website will be governed by the terms and conditions of the respective Loyalty Merchant, which would be made available to the User at the time of purchase.
2.3 Subject to these Conditions of Use, Lyoness grants the User a non-exclusive, revocable and limited license to access and use this Website. Unless specifically provided by Lyoness in the internal download area and consented to by Lyoness, this license does not include amongst others any downloading or copying of any content available on the Website, whether for the User’s own benefit or the benefit of another User, vendor or any other third party. Further, Lyoness reserves the right to revoke this license and refuse access to the Website and any services offered therein, to any User, at any time.
3. Eligibility of Use
3.1 The Website is not available to natural persons who are "incompetent to contract" within the meaning of the Indian Contract Act 1872 including minors i.e. below the age of eighteen, un-discharged insolvents, of unsound mind or to any Users suspended or removed by Lyoness, for any reason whatsoever.
3.2 Notwithstanding clause 3.1 above, if You are below the age of eighteen (18) years, You may browse the Website through Your legal guardian, in accordance with applicable laws.
3.3 Users who do not conform to the above qualification will not browse/access/use the Website. Further, upon browsing/accessing/using the Website, the User represents that he/she fulfills the qualifications as set out by the Indian Contract Act 1972, to form a binding contract and meets the eligibility criteria set out in this clause.
4. Use of the Website
4.1 Lyoness endeavours to present correct and current information on this Website. However, Lyoness gives no guarantee with respect to the accuracy and nature of the content, details and information on this Website. Further, Lyoness is not responsible for any third party material or material belonging to a Loyalty Merchant that is put on the Website. Users of this Website declare themselves to be in agreement with the fact that access to and use of this Website and its contents occur at their own risk. Lyoness is not liable for any loss that arises from the accessing of or use or non-availability of the Website for use, or the possible errors and omissions therein.
4.2 All content, image, text and sound files as well as animations and videos etc that are put up by Lyoness and all other constituent parts of this Website that are owned by Lyoness are proprietary of Lyoness and protected by intellectual property rights, whether registered or unregistered including copyright, trademark, patent and usage rights (rights to use work and permission to use work) and the User will not – whether as a whole or in parts – distribute, download, copy, extract, amend, make derivative works of, re-direct or otherwise use or exploit these, without prior express written authorization from Lyoness. These same restrictions will be applicable also for the trademark and copyright protected material of the Lyoness Loyalty Merchants, for which Lyoness has the right of use and has provided on the Website. The files in the internal download area are strictly for use in private domain only and the User will in no way exploit these commercially. These restrictions apply regardless of whether the content on the Website or any part thereof are provided for a fee or free of charge. Violations of these restrictions can result in legal consequences, particularly under trademark, copyright and competition law.
4.3 By accessing or using the Website You may be exposed to third party content that may be offensive, indecent or otherwise objectionable. You acknowledge and agree that, although Lyoness exercises due-diligence, it cannot control such third party content. Accordingly, Lyoness disclaims all liabilities arising in relation to such offensive content on/through the Website. Further, we urge you to report such offensive content to our Grievance Officer, whose details are provided in Clause 9 of this Conditions of Use, so that Lyoness may accordingly take appropriate action and measures.
4.4 If the Website allows the User to post and upload any material on the Website, the User will do it only as allowed under the Information Technology Act 2000, the rules made there under and other applicable laws and undertakes not to:
a. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with person or entity;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
d. Upload files that contain software or other material protected by applicable intellectual property laws, unless the User owns or controls the rights thereto or has received all necessary consents or involve the sale of counterfeit or stolen items;
e. Upload or distribute files that contain any computer contaminant or software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate the Website or any system, data or personal information;
f. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
g. Do or cause to be done any act that destroys, deletes or alters any information residing in the Website or diminish its value or utility or affect it injuriously by any means;
h. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, by hacking, password mining or any other illegitimate means;
i. Conduct or forward pyramid schemes, junk mails, chain letters or unsolicited mass mailing or spamming;
j. Disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
k. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
l. Host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
i. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act 1986;
ii. harms minors in any way;
iii. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
iv. belongs to another person and to which You do not have any right;
v. infringes any patent, trademark, copyright or other proprietary rights;
vi. violates any law for the time being in force;
vii. deceives or misleads the addressee/ other Users about the origin of such messages;
viii. is grossly offensive or menacing in character;
ix. which You know is false, but for the purpose of causing annoyance or inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
m. Insert or attach any code, device, technology or product to the Website or materials including, without limitation, those that monitor the Website or its users, or interferes with another user’s access to the Lyoness Website or the proper operation of the Website, or otherwise causes harm/negatively impacts the Website, other users or Lyoness;
n. Steal, conceal, reverse engineer, destroy, delete, decompile, disassemble, reverse assemble, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or cause any person to steal, conceal, reverse engineer, destroy, delete, decompile, disassemble, reverse assemble, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Website source code, or object code or any software or other information, products, services, or processes accessible on/through the Website;
o. The User will not interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of/ access to the Website. The Member will not provide assistance to any third party to facilitate access to any computer, computer system or computer network, in contravention with the Information Technology Act 2000 and rules or regulations made thereunder;
p. Use the Website or any material or content for any purpose that is unlawful or prohibited by these Conditions of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Lyoness or other third parties; and
q. Violate these Conditions of Use or any applicable laws or regulations for the time being in force within or outside India.
4.5 The User agrees that he/she is solely responsible to Lyoness for any breach of obligations under these Conditions of Use and for the consequences arising therefrom (including any loss or damage which Lyoness or its affiliates or its Loyalty Merchants or its Users may suffer).
4.6 The User agrees that Lyoness, at any time, may modify or discontinue all or part of the Website, and change or modify the Conditions of Use of the Website.
4.7 The User acknowledges that through the Website Lyoness is only providing a platform and the contract for sale of any of the products and/or services will be a strictly bipartite contract between the Loyalty Merchant and the User. At no time will any right, title or interest over the products and/or services offered by the Loyalty Merchants, vest with Lyoness and nor will Lyoness have any obligations or liabilities in respect of such contract.
4.8 Lyoness is not responsible for any non-performance or breach of any contract entered into between Users and the Loyalty Merchant. Lyoness will not and is not required to mediate or resolve any dispute or disagreement between Users and the Loyalty Merchants. In case of any disputes pertaining to questions regarding Members benefits arising out of purchases made with any Loyalty Merchant, Lyoness urges the Users to come to Lyoness first and Lyoness will use its reasonable endeavours to help ensure that such disputes are resolved amicably.
4.9 The User undertakes that he/she will, at all times, ensure full compliance with the applicable provisions of the Information Technology Act 2000 and rules made there under as applicable and as amended from time to time.
4.10 Lyoness reserves the right to exclude people from the service and/or from the mail service, should there be good reason for this.
4.11 Lyoness is not responsible for any illegal activities or information that are made available through electronic links that lead from this Website to other proposals on the worldwide web as well as for content that is put by people on our forums As an intermediary, Lyoness exercises due diligence for all information/content that is available on the Website and content that is discriminating, offensive, morally reprehensible or illegal in nature can be removed from the Website by Lyoness at any time. Thus Lyoness’ liability is only limited to failure to expeditiously remove or disable access to such content from the Website, despite notice/ actual knowledge of such illegal activities/information/content.
5. Linking to other websites
5.1 You may be able to link from the Website to third party websites including websites of Loyalty Merchants and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that Lyoness has no responsibility for the information, content, products, services, advertising, code or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Lyoness. Any liability claims lie with the provider of the linked Website. Lyoness has no control over the current or future structure or contents of these hyperlinks. Therefore, Lyoness expressly distances itself from the contents of all hyperlinks that were changed after linking as well for entries in Lyoness’ guest books, forms and mailing lists. Ongoing control of the linked websites is not reasonable without the concrete indication of legal infringements. As soon as Lyoness becomes aware of such legal infringement such hyperlink will be removed immediately.
5.2 Links to the Linked Sites do not constitute an endorsement or sponsorship by Lyoness of such websites or the information, content, products, services, advertising, code or other materials presented on or through these websites.
5.3 Lyoness, at its sole discretion, reserves the right to insist that any link to the Website be discontinued and to revoke Your right to link to the Website from any other website at any time.
6.2 Lyoness places great value on the careful and confidential handling of personal data. In cases where there is the possibility of entering personal or business data (e-mail addresses, names, addresses) as part of the online offers, then the entry of such data by the User is expressly voluntary and the User may decline to provide such information if he so desires.
7. Warranty and Liability
7.1 The Website and the information, content and other material provided therein are provided by Lyoness on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Lyoness makes no warranty that (i) the Website will meet Your expectations/requirements or Your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, or the information, content, material, provided therein, will be effective, accurate or reliable; or that (iii) any errors or defects in the Website, or the information, content, material, provided therein, will be corrected. No advice or information obtained by You from the Website or Lyoness will create any warranty, representation or guarantee not expressly stated in these Conditions of Use. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
7.2 Lyoness assume no liability of any kind for the current status, correctness, completeness, legality and/or quality of the provided information. This applies similarly to all products and services offered on this Website, including associated product descriptions, prices as well as provided information about Loyalty Merchants of Lyoness. Technical errors and/or non-availability due to maintenance work, or any suspension of access to the Website that may occur due to technical reasons as well as other causes (such as re-launch of the website) can lead to a brief or lengthy loss of access to the Website. Lyoness assumes no liability whatsoever for the availability or accessibility of the Website. Lyoness is not liable for any material or immaterial damages (such as foregone profits, frustrated expenditure, damages due to loss of data, claims due to unlawful enrichment, legal fees, or contract drafting costs), which occur due to the use of the provided information, use of incorrect or incomplete information respectively, unless Lyoness causes damage intentionally or due to gross negligence. All online offers are subject to change and not-binding. Lyoness , at any time and without prior notice, can make adjustments, changes and removals to all or part of the Website or its contents.
7.3 Lyoness will have no liability related to User/ third party information or content or material, whether arising under intellectual property rights, libel, privacy, publicity, obscenity or any other laws. Lyoness also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User/ third party information or content or material.
7.4 The advertisements, if any, made available on the Website, with respect to products and/or services of a Loyalty Merchant, are for information purposes only and Lyoness will not be held responsible for the accuracy of their content.
7.5 In no event will Lyoness, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers be liable to the User for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Website or the information or content or material therein or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on or through the Website, including without limitation as a result of breach of any term of these Conditions of Use.
7.6 The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.
7.7 Furthermore, Lyoness is not liable for any user-generated content distributed on its homepage. Lyoness is not liable for damages caused by said content. The author of comments/reviews of any kind published on the homepage is liable for his/her contribution. The person behind any violation of third party rights shall indemnify and hold Lyoness completely harmless. Lyoness reserves the right to delete any content that it finds to be illegal, in contradiction of Lyoness' good standing or that could otherwise harm Lyoness' image in any way; no claims can be made against Lyoness in this case.
8.1 You agree to indemnify, defend and hold harmless Lyoness, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Lyoness that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Conditions of Use.
8.2 Further, You agree to hold Lyoness harmless against any claims made by any third party due to, or arising out of, or in connection with Your use of the Website or Your violation of these Conditions of Use or of any rights of another, including any intellectual property rights. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
9. Grievance Redressal
9.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Ms. Ivana Kromkova
Lyoness India Private Limited
A-288, 2nd Floor, Defence Colony,
New Delhi 110024
Phone: 1800 1031 569
10. Governing Law
10.1 The use of the Website, transactions entered into on or through the Website, these Conditions of Use and the relationship between the User and Lyoness will be governed in accordance with the laws of the Republic of India.
All notices by Lyoness to the User will be served by email or by general notification on the Website. Any notice provided to Lyoness pursuant to these Conditions of Use should be sent via email. We would be happy to answer any further questions on these Conditions of Use at: firstname.lastname@example.org.
Lyoness India Private Limited
A288, 2nd Floor, Defence Colony,
New Delhi-110024, India