Terms and Conditions
Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website, https://www.Lallabi.com as the main domain and other sub domains (the “Website”) or our mobile or software application (the “App”) before you download, install any Lallabi Applications. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you signify your acceptance to be bound by these Terms and Conditions and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
You may not use the Services if you do not accept the Terms and Conditions or are unable to be bound by the Terms and Conditions. Your use of the Lallabi Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
Clicking to accept or agree to the Terms and Conditions, where it is made available to you by Lallabi in the user interface for any particular Service; orActually using the Services. In this case, you understand and agree that Lallabi will treat your use of the Services as acceptance of the Terms and Conditions from that point onwards.
1 Definitions & Details
1.1 The Services is operated and owned by LALLABI INNOVATIONS PRIVATE LIMITED (hereinafter referred to as “Lallabi ”, “we”, “us” or “our”), a company registered in Bangalore, Karnataka State, India.
1.2 "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
1.3 "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data.
1.4 "User" or "You" or "Your" or "Yours" refers to you, as a user of the Services and are the references to you the person accessing this Website and its sub domains and ordering any Goods or Services from the Website with main domain as Lallabi.com or from sub domains from any other channel provided by Lallabi. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘Food Delivery Agent Menu Listing Page’ to manage claimed business listings or otherwise.
1.5 "Goods" is a reference to any goods or products or items which we may offer for sale from our Website from time to time.
1.6 "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website or via phone or via any other media.
1.7 "Food Delivery Agent" is a third party, which is connected with the company as a business associate who agreed to co-operate with the company to prepare and/or deliver the Goods or Services.
1.8 "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Food Delivery Agent and for both of which our Food Delivery Agent take full responsibility.
1.9 These Terms and Conditions are special terms and as such restricted to only orders placed by customers through Food Delivery Agent s identified as Assured Food Delivery Agent s and as such does not supersede the Terms and Conditions of the Website and App at large. These Terms and Conditions are to be restricted to customer orders (the “Order”) placed on the Assured service as made available on the Website and App.
1.10 "Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Lallabi Content" means content that Lallabi creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Lallabi or its users and is available on the Services.
2 Eligibility to use the services & Compliance with Laws
2.1 You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2.2 You are responsible for complying with all laws and regulations of India when you access and use the Services. You agree to use the services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party / parties.
3 How the Services and Service works
3.1 We are a delivery service provider providing you an online platform to (A) order food online from the list of food delivery agents, restaurants and eateries available on the Services, (B) make payment online (pre- pay) for your food order by banking channels made available to you on the Services or paying for your food by debit or credit card or cash payment at the time of us delivering your food order to your provided delivery address.
3.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or keep only limited control on the Food Delivery Agents (as per the agreement signed between) or the related services provided in connection thereof.
3.3 Our responsibilities are limited to: (A) facilitating the availability of the Services; and (B) serving as the limited of each food delivery agent for the purpose of accepting payments from you for your online food order and delivering your order.
4 Account Registration or use of the Services
4.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“Lallabi Account”) and become a member (“Member”); or (c) you can also register to join by logging into your account with certain third party sites (“TPS”) (including, but not limited to, Google); each such account, a ‘TPA’ (“TPA”), via our Services, as described below. As part of the functionality of the Services, you may link your Lallabi Account with ‘‘TPA’’s, by either;
- providing your ‘‘TPA’’ login information to us through the Services; or
- allowing us to access your ‘‘TPA’’, as is permitted under the applicable terms and conditions that govern your use of each ‘‘TPA’’.
4.2 You represent that you are entitled to disclose your ‘‘TPA’’ login information to us and/or grant us access to your ‘‘TPA’’ (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable ‘‘TPA’’ and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
4.3 By granting us access to any ‘TPA’s, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your ‘TPA’ (“TPS Content”) so that it is available on and through the Services via your Lallabi Account.
4.4 Unless otherwise specified in these Terms and Conditions, all TPS Content, if any, will be considered to be your content for all purposes of these Terms.
4.5 Depending on the ‘TPA’s you choose and subject to the privacy settings that you have set in such ‘TPA’s, personally identifiable information that you post to your ‘TPA’s will be available on and through your Lallabi Account on the Services.
4.6 Please note that if a ‘TPA’ or associated service becomes unavailable or our access to such ‘TPA’ is terminated by the third party service provider, then TPS Content will no longer be available on and through the Services.
4.7 We will create your Lallabi Account for your use of the Services based upon the personal information you provide to us or that we obtain via a TPS as described above.
4.8 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
4.9 We reserve the right to suspend or terminate your Lallabi Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
4.10 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Lallabi Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Lallabi Account.
4.11 Goods and services purchased from the Services are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.
5 Ordering
5.1 As a general rule, all food orders made are treated as confirmed.
5.2 Any contract for the supply of Food Delivery from this Website is between you and the Food Delivery Agent. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
5.3 Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
5.4 Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
5.5 When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
5.6 Upon your successful completion of booking an order, the concerned Food Delivery Agent shall call you on the telephone number or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to confirm certain informations with us, including but not limited to (A) Your Name (B) Mobile Number; (C) Email ID and (C) Delivery Address. It shall be your sole responsibility to bring any incorrect details to our attention.
5.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
5.8 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Food Delivery Agent. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Food Delivery Agent will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
5.9 If the ordered Food Delivery and delivery capacity is available, the Food Delivery Agent will accept the contract and confirm it. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by email and/or text message (SMS).
5.10 In the case that Goods offered by Lallabi were ordered, Lallabi Food Delivery Agent will confirm the availability.
5.11 The confirmation message will specify delivery details including the approximate delivery time specified by the Food Delivery Agent and confirm the price of the Food Delivery, Goods and Services ordered.
5.12 Lallabi Food Delivery Agent of your area shall contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and you will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable. With the discussions with you, the Food Delivery Agent shall edit the order according to your suggestions and will send you the finalized order details. On your approval over phone / email / text message, the Food Delivery Agent will deliver the Goods accordingly.
5.13 The Services allows you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.\
5.14 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms and Conditions including, but not limited to, product availability and delivery location.
5.15 While placing an order you shall be required to provide certain details. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an ordering. By providing these details, you express your acceptance to Lallabi ’s terms and privacy policies.
6 Prices and Payment
6.1 Any contract for the supply of Food Delivery from this Website is between you and the Food Delivery Agent; for the supply of Goods or Services from this Website. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
6.2 All prices listed on the Website are correct at the time of publication and have been input as received by the Food Delivery Agent. We give best care to keep them up to date, the final price charged to you by the Food Delivery Agent shall change at the time of delivery based on the latest menu and prices of the Food Delivery Agent . We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing Food Delivery Agent’s, Goods or Services.
6.3 All prices listed on the Website for Food Delivery by the Food Delivery Agent reflect the price the Food Delivery Agent charges at the time of listing. In case the price listed is not current and the Food Delivery Agent informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
6.4 All prices for delivery by Lallabi or a third party provider assigned by Lallabi listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.
6.5 The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. You can pay by credit card or debit card or net banking at the time of booking an order or you can pay by credit or debit card or net banking or cash at the time of delivery.
6.6 You acknowledge and agree that we act as the Food Delivery Agent’s payment agent for the limited purpose of accepting payments from you on behalf of the Food Delivery Agent. Upon your payment of amounts to us, which are due to the Food Delivery Agent, your payment obligation to the Food Delivery Agent for such amounts is completed, and we are responsible for remitting such amounts, to the Food Delivery Agent. You shall not, under any circumstances whatsoever, make any payment directly to the Food Delivery Agent.
6.7 If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
6.8 The prices reflected on the website/mobile application/email are determined solely by the Food Delivery Agent and informed to Lallabi at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Food Delivery Agent.
6.9 All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Food Delivery Agent and Lallabi is merely collecting the same on behalf of such Food Delivery Agent.The entire amount of applicable taxes collected by Lallabi is directly remitted as it is to Food Delivery Agents and Lallabi does not retain any amounts thereof.
6.10 You agree to pay us for the total amount for any booking made. We will collect the total amount in accordance with the terms and conditions of these Terms and Conditions and the pricing terms set forth in the applicable menu listing for the particular Food Delivery Agent. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
6.11 Lallabi is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Food Delivery Agent. Lallabi holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Food Delivery Agent.
6.12 The prices reflected on the website/mobile application are determined solely by the Food Delivery Agent and informed to Lallabi at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of the Food Delivery Agent.
6.13 The transaction of sale of food or food items is between Food Delivery Agent and the customer, and accordingly, Lallabi is not liable to charge or deposit any taxes applicable on such transaction. The final tax invoice will be issued by the Food Delivery Agent and delivered to the customer along with the order.
6.14 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for any confirmed bookings in accordance with these Terms by one of the methods described on the Services– e.g. by a credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. If you are directed to our third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
7 Delivery Time & Charge
7.1 Delivery timementioned at the time of ordering are approximate only and may vary according to situations and circumstances. Goods will be delivered to the address designated by you at the time of ordering.
7.2 If delivery is done by the Food Delivery Agent, it is the Food Delivery Agent’s sole responsibility to provide Food Delivery in a timely manner. Our Food Delivery Agents will give great care to deliver in a timely manner. No responsibility is taken for late delivery. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the Food Delivery Agent first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
7.3 All risk in the Goods and the Food Delivery shall pass to you upon delivery.
7.4 If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.
7.5 You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
7.6 Food Delivery Agents, who will prepare your order, aimto deliver the product to you at the place of delivery requested by you in your order; to deliver within the time confirmed by the Food Delivery Agent ;to inform you if they expect that they are unable to meet the estimated delivery time.
7.7 Food Delivery Agents and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.8 Please note that it might not be possible for Food Delivery Agents to deliver to some locations. If this is the case, our Food Delivery Agents or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
7.9 On-Time Delivery is not applicable during rainy days or at times of rain in any particular area.
7.10 Lallabi reserves its right to alter/ withdraw/ extend any offers/ promotions at any time without giving any prior notice & without assigning any reason whatsoever.
7.11 On-Time Delivery is subject to Force Majeure conditions.
7.12 All disputes related to this On-Time Delivery will be subject to the exclusive jurisdiction of court of Bangalore only.
7.13 These Terms and Conditions are co-extensive and concurrent with Lallabi ’s other Terms and Conditions listed on this page. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this On-Time Delivery and the same need not be expressly repeated herein.
8 Cancellations
8.1 As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. On unavoidable circumstances, you must notify the Food Delivery Agent immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Food Delivery Agent accepts your cancellation, no cancellation fee applies. If the Food Delivery Agent refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
8.2 However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy. If the cancellation was made in time and once the Food Delivery Agent has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
8.3 We/ Food Delivery Agent may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made; We/Food Delivery Agent reserve the sole right to cancel your order in the following circumstance:
- In the event of the designated address following outside the delivery zone offered by us;
- Failure to contact you by phone or email at the time of confirming the order booking;
- Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
- Unavailability of all the items ordered by you at the time of booking the order; or
- Failure due to reasons beyond our control or attributable to the Food Delivery Agent.
8.4 In the unlikely event that the Food Delivery Agent delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Food Delivery Agent can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Food Delivery Agent.
9 Refunds
9.1 As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. On unavoidable circumstances, you must notify the Food Delivery Agent immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the Food Delivery Agent accepts your cancellation, no cancellation fee applies. If the Food Delivery Agent refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
- your order packaging has been tampered or damaged at the time of delivery;
- us cancelling your order due to
- your delivery location following outside our designated delivery zones;
- failure to contact you by phone or email at the time of confirming the order booking; or
- failure to contact you by phone or email at the time of confirming the order booking; or
- you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
9.1 Our decision on refunds shall be at our sole discretion and shall be final and binding.
9.3 All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
9.4 In case of payment at the time of delivery, you will not be required to pay for:
- Orders where the packaging has been tampered or damaged by us;
- Wrong order being delivered; or
- Items missing from your order at the time of delivery.
10Information
10.1 Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
10.2 You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
10.3 We take complaints very seriously and aim to respond to your complaints within 7 business days. All complaints should be addressed to support@Lallabi.com
11 Terms of service
We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Food Delivery Agent s or the related services provided in connection thereof.
11.1 You agree and acknowledge that, We/ Food Delivery Agent shall not be responsible for:
- The services or goods provided by the Food Delivery Agent including, but not limited, serving of food orders suiting your requirements and needs;
- The Food Delivery Agent’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
- The availability or unavailability of certain items on the menu; or
- The Food Delivery Agent serving the incorrect orders.
11.2 The details of the menu and price list available on the Services are based on the information provided by the Food Delivery Agents and we shall not be responsible for any change or cancellation or unavailability.
11.3 You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
11.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
11.5 You order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
11.6 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
11.7 You understand that our liability ends once your order has been delivered to you.
11.8 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms and Conditions.
12 Services provided:
- You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
- Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the services shall be governed by these Terms and Conditions and any other terms as set out in such document confirm such sale of service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
- You agree and acknowledge that neither us nor the Food Delivery Agent shall be liable in the event of you failing to adhere to the Terms and Conditions.
- ) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the 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. 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 details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
12.1 We do not offer any refunds against goods already purchased from the Services unless an error that is directly attributable to us has occurred during the purchase of such product or services.
12.2 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
12.3 If you use the Services, you do the same at your own risk.
12.4 You agree that the Services shall be provided by us only during the working hours of the relevant Food Delivery Agents.
13 General Conditions
13.1 All prices are in India Rupees. GST is included where indicated.
13.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
13.3 We may alter or vary the Terms and Conditions at any time without notice to you.
13.4 Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
13.5 Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
13.6 Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
13.7 The Terms and Conditions together with the Privacy Policy, Cookies Policy any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
13.8 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
13.9 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
13.10 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
13.11 The deals and offers calculation is subject to Lallabi 's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
13.12 Any Service Fee/Delivery Fee charged by Lallabi is subject to prevailing Service Tax.’
13.13 We do not endorse any Food Delivery Agent. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
13.14 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
13.15 Lallabi is constantly evolving in order to provide the best possible experience and information to its users.You acknowledge and agree that the form and nature of the Services which Lallabi provides, may require effecting certain changes in it, therefore, Lallabi reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
13.16 We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
13.17 You acknowledge and agree that if Lallabi disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
13.18 You acknowledge and agree that while Lallabi may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Lallabi may set such fixed upper limits at any time, at Lallabi 's discretion.
13.19 The Content on these Services is for informational purposes only. Lallabi disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Lallabi reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Lallabi does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any Food Delivery Agent. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Lallabi. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Lallabi. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Lallabi.
13.20 Lallabi may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Lallabi Platform terms. Further, Lallabi reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Lallabi determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Lallabi Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Lallabi reserves the right to modify, cancel and discontinue its Program without notice to the User.
13.21 You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your business listing’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.13.21 You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your business listing’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
13.22 You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
13.23 In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Lallabi or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
13.24 You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Lallabi account for any purpose and that you will be liable for such unauthroized access.
13.25 By creating an account, you agree to receive certain communications in connection with Lallabi Platform or Services. For example, you might receive commentsfrom other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
14 Limitation of Liability
14.1 Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
14.2 By accepting these Terms and Conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Food Delivery Agent.
14.3 We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
14.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
14.5 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
14.6 If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
14.7 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
14.8 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
14.9 In the event Lallabi has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Lallabi may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Lallabi reserves the right to seek compensation from any and all violators.
14.10 Offers are subject to Lallabi 's discretion and may be withdrawn at any time and without notice.
15 Translation of the terms
15.1 Lallabi may provide a translation of the English version of the Terms into other languages.
15.2 You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Lallabi. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
16 Other Conditions
16.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
16.2 You agree to use the data owned by Lallabi (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Claim Your Business Listing’ access) unless agreed to by/with Lallabi in writing.
16.3 You agree to protect Lallabi ’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Lallabi (or Lallabi 's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Lallabi and that you shall not disclose such information without Lallabi 's prior written consent. Unless you have agreed otherwise in writing with Lallabi , nothing in the Terms gives you a right to use any of Lallabi 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
16.4 We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Lallabi Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Lallabi Content or our IP Rights.
16.5 Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
16.6 By submitting Your Content you hereby irrevocably grant Lallabi a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘Food Delivery Agent business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Lallabi or its Users, any third party services and their users.
16.7 We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
16.8 You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public
16.9 You acknowledge that Lallabi has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
16.10 You hereby agree and assure Lallabi that the Lallabi Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Lallabi in any form or manner whatsoever.
17 Disclaimer of Warranties
17.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
17.2 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LALLABI , ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("LALLABI PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LALLABI PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE LALLABI PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LALLABI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY LALLABI , YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
17.3 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
17.4 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
17.5 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / FOOD DELIVERY AGENTS SERVICES.
17.6 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
17.7 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
17.8 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
17.9 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR FOOD DELIVERY AGENT ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.10 You agree to indemnify, defend, and hold harmless the Lallabi Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18 Termination of your access to the services
18.1 You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting and use the ‘Delete Account’ button and ceasing further use of the Services.
18.2 We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
19 Entire Agreement and Waiver:
The Terms& Conditions, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, ‘Cookies Policy’, ‘Offer Terms & Conditions’ shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
20Severability
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
21Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Lallabi and you shall have no authority to bind Lallabi in any form or manner, whatsoever.
22Governing Law/Waiver:
22.1 These Terms and Conditions are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.
22.2 YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) MONTH AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
23Copyright infringement and grievance redressal mechanism
Lallabi shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Lallabi Platform, or items advertised on the Lallabi Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
- Identify in writing the copyrighted material that you claim has been infringed upon;
- Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
- Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
- Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
- Provide your contact information including your address, telephone number, and e-mail address (if available);
- Provide your physical or electronic signature;
24Conclusion
24.1 We reserve the right to change the Terms and Conditions and Privacy Policy at any time without notice posting changes on the Website/App and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website/App. You shall, at all times, be responsible for regularly reviewing the Terms and Conditions and the Privacy Policy and note the changes made on the Website/App. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms and Conditions and Privacy Policy.
24.2 Along with the above terms and conditions, all other terms and conditions are equally applicable to you which mentioned in the other pages of https://lallabi.com , https://lallabi.com/terms , https://lallabi.com/privacypolicy , https://lallabi.com/lallabiCookies etc.
Mr.Manikandan
Grievance Redressal Officer
Lallabi Innovations Pvt. Ltd.
No.62, 6th Main, Santhrupthi Nagar,
J P Nagar 7th Phase, Bangalore – 560078, Karnataka State
Email Address: legal@lallabi.com