This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws 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.
The domain name www.lapanddado.com and instances thereof, including any and all related mobile applications (hereinafter referred to as “Website”) is owned by Lap and Dado Enterprises Private Limited, a company incorporated under the Companies Act, 1956 (hereinafter referred to as “Company”, “Us” ,“We”, “Our” or “Lap & Dado” and its successors, liquidators and assigns).
- User Agreement
- Eligibility to Use
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. Lap & Dado reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is brought to Lap & Dado’s notice or if it is discovered that You are under the age of 18 years.
- The Company reserves the right to refuse access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
- User Responsibility and Obligations
- You may be required to register on the Website and select a password and user name (“User Account”). At the time of registration, You agree to provide accurate personal and financial information including but not limited to name, age, email id, mobile number, etc. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. Furthermore, You may also be required to select a subscription plan as per Your requirement, as published on the Website, the details of which shall also be mailed to You. You shall not (i) select or use the User Account of another person with the intent to impersonate that person; or (ii) use the User Account as a name subject to any rights of a person other than You without appropriate authorization. In such case Lap & Dado reserves the right to refuse registration of or cancel a User Account in its discretion.
- You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree to (a) immediately notify Lap & Dado of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. Lap & Dado cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by Lap & Dado or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is Your responsibility to ensure that Your mobile phone number and email address is up to date on the Website at all times. You agree to notify Us promptly if Your mobile phone number or e-mail address changes by updating the same on the Website.
- You agree to provide correct and accurate credit/debit card/net banking/e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit/debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card/net banking/e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card/net banking/e-wallet details. Lap & Dado expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card/net banking/e-wallet.
- By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Lap & Dado disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by writing to firstname.lastname@example.org.
- That in case it is found that You are in violation of these express conditions, You shall be solely responsible and shall face all legal consequences and that Lap & Dado shall in no manner be held responsible for the same.
- When You use any of Our Services, or send e-mails to us, You are communicating with Us electronically. You by using Our services consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Website or by such other modes. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
- Products and Services
- The Website is a platform for online sale of furniture and home décor merchandise (“Products”) and allied services (“Services”) offered by Lap & Dado and the purchase of Products and Service by You. For point of clarity, the Products and Services are manufactured and sold, under the brand “Lap & Dado”, which is owned by Lap & Dado. Lap & Dado also delivers the Products to You directly or through its authorised partner.
- Lap & Dado has the right to change or discontinue any Products and Service at any time, without notice. Lap & Dado may add or modify the procedures, modes, processes or conditions of purchase at any time. Lap & Dado shall not be liable to You or to any third party for any modification, suspension or discontinuance of any Product or any aspect of the Services.
- Lap & Dado sells a variety of Products and Services, such as shipping in relation to the Products shall be as per Lap & Dado’s policy, which may be changed by Lap & Dado from time to time.
- You should take all responsibility for Your own actions in utilizing the Products and Service and the Website in relation to the Services availed or purchased by You and Lap & Dado shall not be liable for any such action or consequence thereof.
- You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the laws as applicable in India.
- Website Content
- The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Lap & Dado. You are not permitted to use the Marks without the prior consent of Lap & Dado.
- Lap & Dado owns all intellectual property rights to the trademark “Lap & Dado” and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.
- You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Lap & Dado.
- The design, layout and look, and feel of the website are protected under intellectual property rights, thus copying of the same shall not be granted herein. Unless or otherwise permitted, users are not allowed to download or install any of the software available on the website.
- Use of website
1. You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- does not belongs to You or belongs to any other person or You do not have any right to do so;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging illegal activity, 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;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person’s copyrighted work
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- interferes with another User’s use and enjoyment of the Website or any other individual’s use and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of 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 any system, data or personal information;
- threatens the unity, integrity, defence, 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.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Lap & Dado or cause Lap & Dado to lose (in whole or in part) the services of the Company’s internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Lap & Dado reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way, where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Lap & Dado or the brand name or domain name used by Lap & Dado including the terms Lap & Dado, Lap & Dado Enterprises Private Limited, www.LapandDado.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of Lap & Dado or otherwise tarnish or dilute any of Lap & Dado’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Lap & Dado’s systems or networks, or any systems or networks connected to Lap & Dado.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Lap & Dado on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Lap & Dado’s service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- You understand that Lap & Dado have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Lap & Dado can (and You hereby expressly authorize Lap & Dado to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. Lap & Dado does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that Lap & Dado is not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Lap & Dado shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on our own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- The Pricing Information relating to the Product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order. We do not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You. While Lap & Dado strives to provide accurate information relating to Products and Services including pricing information or availability, but typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, Lap & Dado reserves the right to modify the price of the product or services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Lap & Dado cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
- Lap & Dado reserves the right to change the discounts offered at any time during the sale and without prior notice.
- All transactions on Website shall be in Indian Rupees.
Lap & Dado does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
11. Order Cancellation
- Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Lap & Dado reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. Lap & Dado may also require additional verifications or information before accepting any order. Lap & Dado will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card/debit card/any other mode of payment has been charged, the said amount will be reversed into Your Account/ as the case may be to the source of the payment within a period of 30 – 45 working days. Any type of voucher used in these orders shall be returned and made available to You in case of cancellation by Lap & Dado.
- Lap and Dado is a made-to-order outfit and begins production immediately upon receiving your order. Orders once placed cannot be cancelled, returned, refunded or changed at any time. An order cannot be cancelled, returned, refunded or changed unless the Product delivered is damaged or defective. We request you to personally be present during delivery to inspect the Product and ensure there is no damage at the time of delivery. In case of any damage / defect at the time of delivery, we request you to share images with us at email@example.com of the damaged Product. We will offer replacement or refund for any such defective items.
- While availing any of the payment method/s offered by Lap & Dado, the Company is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by You and between Your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
- All payments made against the purchases/services on Website by You shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to Your transaction as approved by Lap & Dado. Before shipping Your order, Lap & Dado may request You to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used for Your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to Users.
- Lap & Dado may employ Razorpay, Paytm and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Lap & Dado which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for Your nature of activities.
13. Shipping and Delivery
- Our shipping and processing charges are intended to compensate Lap & Dado for the cost of processing Your order, handling and packing the products You purchase and delivering them to You.
- In case we are yet to start delivery and post sales services in Your City, whenever Lap & Dado finds it operationally possible, we may deliver the product at Your doorstep provided; a) You make advance payment of the entire order amount at the time of placing the order and b) the transportation cost is borne by You at actuals in advance. For such areas Lap & Dado will not be able to provide installation service and the Products will not be covered under any warranty. However, at Lap & Dado’s sole discretion, the Company may solve any post sales related issues and provide installation services, provided You get the Product to the nearest Delivery Center at Your own cost and risk. Please get in touch with Lap & Dado at firstname.lastname@example.org for further enquiries.
- Please note Lap & Dado does not give any kind of after Sales Service where the sales have been made to individuals, business or corporate offices.
- The prices on Website are subject to price fluctuations, due to various factors. Once an order is placed by You, You will be liable to pay such amount as was displayed on the date of the order and the invoice.
- Lap & Dado delivers to certain pin codes only conditionally. In such cases, You may need to make an advance payment or minimum purchase value for Your order to be eligible for delivery. For such locations, warranty, and after-sales service will also not be available. To know the exact conditions for Your delivery location, please enter Your pin code in the box provided for this on the Website.
- All Services are provided on an “as is” basis. Lap & Dado makes no warranties, whether express or implied, in relation to the Services, in particular those of merchantability, non-infringement or fitness for purpose.
14. Warranties and Claims
Please note the standard warranties and the conditions for usage of the Products in relation to each Product. No claim (a) that is contrary to the above or (b) where Products have been used contrary to the conditions of usage; will be entertained.
Indemnification and Limitations of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- You shall indemnify, defend and hold harmless Lap & Dado from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Lap & Dado that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or any Additional Terms applicable to purchase of Products and/or Services, or any violation of the Terms or other terms and conditions relating to the use of the Website and the purchase of Products.
- Lap & Dado will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information or any Products or Services or materials, either with or without Your knowledge. Lap & Dado shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Lap & Dado shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Lap & Dado is not responsible for any typographical error leading to any invalidity of any kind.
- Notwithstanding anything to contrary contained in these Terms or elsewhere, Lap & Dado’s entire liability to You shall be limited to the amount of the moneys paid by You for or towards any Product or Service, in connection with which the claim has arisen, which amount shall be refunded You, in case the claim is proven by an order of the court or any competent authority.
- In no event shall Lap & Dado, its officers, directors, employees or agents, partners or suppliers be liable to You for any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not Lap & Dado has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with Your use of or access to the website, services or materials or in connection with Your purchase of the Products and/or availing of any Services herein.
- The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
- Lap & Dado may, in its sole discretion and without prior notice, terminate Your access to the Website if Lap & Dado determines that You have violated the Terms or Additional Terms or any other duty owed to Lap & Dado. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to Lap & Dado, for which monetary damages is likely to be inadequate, and You consent to Lap & Dado obtaining any injunctive or equitable relief that Lap & Dado deems necessary or appropriate. These remedies are in addition to any other remedies Lap & Dado may have at law or in equity.
- The Terms will continue to apply until terminated by either You or Lap & Dado as set forth below. If You want to terminate Your agreement with Lap & Dado, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.
- Lap & Dado may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
- Lap & Dado is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations).
- The sale of Products or provision of the Services to You by Lap & Dado is, in Lap & Dado’s opinion, no longer commercially viable;
- Lap & Dado has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You; or
- For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and/or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. Lap & Dado may also delete any content or other materials relating to Your use of the Website.
- Lap & Dado shall not be liable to You or any third party for any such termination.
- Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
18. Governing Law
- The Terms and all transactions entered and the relationship between You and Lap & Dado and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
- All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.