TERM OF USE

1. DEFINITIONS

For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.

1.1 “Agreement” means this particular Agreement between You and Lyngum, as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of this Website.

1.2 “User” means and includes any and each person who establishes a connection for access to and use this website, and includes a Registered User, who registers on this Website

1.3 “Website” means worldwide website in the domain of lyngum.com operated as Lyngum and, inter alia, provide a platform to buyers for purchase of various products sold by them and for providing transactional information in relation to any transactional of purchase of products through this Website.

1.4 “You” means and includes any and each person as has been defined in “User” above.

1.5 “Buyer” means the person, who/which places an order for purchase of a product on the seller through this website or generally through this website.

1.6 “Individual” or “Person” means and includes any individual, firm, company, governmental authority, joint venture, partnership, association or any other entity (whether or not having separate legal entity).

2. LICENSE TO USE OUR SERVICES.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

2.1 Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your purchase requires. You must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Lyngum, another Lyngum user, or a third party.

2.2 You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

2.3 You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

2.4 The names “Lyngum” and "Soul System Research and Development," and the other Lyngum marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Lyngum in India and other countries.

3. TERMINATION BY LYNGUM.

3.1 We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our websites or mobile apps. Lyngum may refuse service to anyone, at any time, for any reason.

3.2 If you or Lyngum terminate your account, you may lose any information associated with your account, including Your Content.

3.3 We May Discontinue the Services. Lyngum reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you

3.4 The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

4. THIRD-PARTY SERVICES

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Lyngum is not a party to those agreements; they are solely between you and the third party.

5. WARRANTIES

5.1 Lyngum is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

5.2 We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

6. LIABILITY LIMITS

To the fullest extent permitted by law, neither Lyngum, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.

7. INDEMNIFICATION

We hope this never happens, but if Lyngum gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Lyngum (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

8. RESOLUTION OF DISPUTES AND RELEASE

8.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the Chief Executive Officer of LYNGUM. The arbitration shall be governed by the provisions of Indian Arbitration and Conciliation Act, 1996 for the time being in force. The Seat of the arbitration shall be Delhi in India. The language of the arbitration shall be in English. Each party shall bear the costs of the arbitration equally unless otherwise awarded by the Sole Arbitrator. The Arbitration Award shall be final and binding on all the parties to the Arbitration.

8.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.

8.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, LYNGUM encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.

8.4 The User agrees that the LYNGUM has no obligation to resolve disputes between Users inter se or with outside parties. However, LYNGUM may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.

8.5 Release of Lyngum. You release Lyngum from any claims, demands, and damages arising out of disputes with other users or parties.

9. CHANGES TO THE TERMS

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

10. TRADEMARKS

All trademarks/service marks appearing on the LYNGUM website are the property of Lyngum or its authorised persons/organisations. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of LYNGUM’s or its licensors or its affiliates or any third party.

11. COPYRIGHTS

(a) The works of authorship contained in this Website including, but not limited to, all design, product designs, text including software (like software for the running of this website, and programme codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called “the Materials”, are owned, except where expressly stated otherwise by LYNGUM or one of its affiliates or partners. Further LYNGUM owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the “Materials” for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective work and/or as a compilation and/or as individual works.

(b) The Users shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of LYNGUM, except to the extent it constitutes ‘fair use’ under the Indian Copyright Act, 1957. The User acknowledges that the User does not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.

12. MISCELLANEOUS

12.1 Whilst LYNGUM will endeavour to ensure that the information on LYNGUM website is correct, due to the inherent hazards of electronic distribution of Material and other factors, there may be inaccuracies in such Materials in the LYNGUM website as well. LYNGUM, Users, Sellers, Service providers or technology partners provide this Website and facilities including “Order Placing Facility “as is” and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, LYNGUM does not also guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside LYNGUM’s control.

12.2 LYNGUM shall have absolutely no liabilities whatsoever nature arising out of or in connection with the usage of Materials and services/facilities on this website by Users or any other person, but not limited to, any liability for any damage or loss to bodily injury, computer hardware, data, information and/or business resulting from the Materials or the lack of Materials available on this Website or from any computer viruses, communication line failure.

12.3 LYNGUM’s liability to Users or any third parties in any circumstances (if applicable) is limited to the greater of (a) the amount of fees the User pay to LYNGUM in the 12 months prior to the action giving rise to liability, and/or (b) $100. Wherever the exclusion or limitation of incidental or consequential damages are not allowed, this clause will not be applicable.

12.4 The User agrees to indemnify and hold LYNGUM and its parents, subsidiaries, affiliates, officers, directors, agents, employees, et c harmless from any claim or demand, including reasonable attorney fees, made by any third party/ies due to or arising out of the breach of this Agreement by you or the documents it incorporates by reference or your violation of any law or the rights of a third party. Entire Agreement: This Agreement together with the various Rules made for the governing of certain services on this Website and annexures/schedules thereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.

12.5 Severability: If any of the provisions of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable under any existing or applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

12.6 No Agency: The User and LYNGUM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

12.7 Good Faith: The User shall act in good faith in the performance of User’s obligations under this Agreement.

12.8 Notices: Except as explicitly stated otherwise, any notices shall be given by post to LYNGUM: Attn: Legal Department Inventive Business Promotions Pvt. Limited in the case of LYNGUM, or in User’s case to the email address provided by you to LYNGUM (either during registration process). Notice shall be deemed served 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, LYNGUM may give the User Notice by certified mail, postage prepaid and return receipt requested, to the address provided to LYNGUM, in such a case notice shall be deemed given 3 days after the date of mailing.

12.9 General: The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment’s, software needed for access to and use of this Website, and all charges relating thereto. When you visit the Website or send emails to LYNGUM or give LYNGUM your feedback, the User understands that the User is communicating with LYNGUM electronically/through electronic records and consent to receive communications from LYNGUM through the said media. The User agrees that all agreements, notices, disclosures and other communications that the LYNGUM provides the User electronically satisfy all legal requirements of adequate service of notice/electronic record.

This document is an electronic record in terms of Information and Technology Act, 2000 and Rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes from time to time. This Agreement is generated by a computer system and does not require any physical or digital signatures.

13. SOME FINER LEGAL POINTS

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Lyngum regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. CONTACT INFORMATION

If you have any questions about the Terms, please email us at: info@lyngum.com