TERMS AND CONDITIONS

These terms and conditions of use (“Terms”) form a binding by and between:

LIGHTFX Enteratinment Pvt Ltd & LIGHTFX Industries Pvt Ltd, a private limited company incorporated under the Companies Act, 1872, also LIGHTFX Floraltouch having its registered office at Howrah, West Bengal owner and publisher of the website www.lightfx.in (the “Website”), hereinafter known as “the Company”, which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its respective representatives, administrators, employees, directors, officers, agents successors and permitted assigns; and “the user”, who shall mean any legal person or entity accessing or using the services of browsing, selecting and purchasing products offered by the Company through the Website (“Services”), and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872 (hereinafter known as the “User” or “Customer”).

The User/Customer and the Company shall, wherever the context requires, be hereinafter collectively referred to as “the Parties”.

1.GENERAL:

The use of the Website by the User is solely governed by these Terms as well as the privacy policy (“Policy”, available at [·] and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. By clicking on the check box/continue button on the Website and/or using any of the Services provided on the Website, the User shall be deemed to have signified its unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in clause 3 of these Terms.

The User through its continued use of the Website and offered Services, represents that:

The User is at least 18 (eighteen) years of age and competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872; and

If the User agrees to these Terms & Conditions on behalf of another person or any legal entity that it is duly authorized to do so.

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 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.

This document is published in accordance with the provisions of rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Website.

The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to Service, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to these Terms.

If these Terms conflict with any other document, the Terms will prevail for the purpose of usage of the Website.

2.TERMS:

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website through his Account (hereinafter defined).

3.TERMINATION:

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Website and Services, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in clause 2 hereinabove.

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:

If the User is in breach of any of its obligations or any other provisions under these Terms or the Policy;

If the User has provided wrong, inaccurate, incomplete or incorrect information; or

If the User’s actions may cause any harm, damage or loss to the other users or to the Website and Company.

4. GRANT OF RIGHT TO USE SERVICES:

In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website as well as a limited license to use any computer software furnished by the Company for access to or use of the Website, for the purpose of availing the Services, subject to the User’s full compliance with these Terms and with the Policy

The User agrees and accepts that he/she will not make the Website, its platform and Services, in whole or in part, available to any other person, entity or business and will not modify the content on the Website or use them for any commercial purpose, or any public display, performance, sale or rental;

The User will obtain no rights to the Website except for the limited rights to use the Website expressly granted by these Terms. Any unauthorized use of any content or information available on the Website may violate patent, copyright, trademark, and other intellectual property laws.

The Website may include certain third-party software and services, which may require that you enter into separate subscription or agreements with such third-party vendors. The Company may also make available optional services provided by third parties, including but not limited to billing etc. The User hereby agrees to comply with, and upon request to execute, such agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement relating to third-party products included in the Website. The User’s use of the Website or of such third-party products or services will constitute his/her agreement to be bound by the terms of all licensing, subscription and similar agreements relating to such use.

5. DESCRIPTION OF SERVICES:

The Website provides users with access to flowers, flower arrangements that can be purchased at the price mentioned on the Website

The Company shall use commercially reasonable efforts to make the Services available 24 (twenty four) hours a day, 7 (seven) days a week, except for

Planned downtime (of which the Company shall give at least 8 (eight) hours’ notice via the Services

Any unavailability caused by circumstances beyond the Company’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving the Company’s employees), or Internet service provider failures or delays.

The Company will provide the Services only in accordance with applicable laws and government regulations

The Company may at its sole discretion, provide support services in the form of telephonic support, email or other mode of communication. Support services do not include-

Correction of errors or defects caused by the User’s operation of the Website in a manner other than as authorized by the Company;

Correction of errors or defects caused by the use of the Website by a person not authorized by the Company;

Rectification of errors arising from faults in the hardware on which the Website is being accessed from or any device connected to that hardware; and
Maintenance of the User's computer network.

6.ACCOUNT:

In consideration of the User’s use of the Website, he/she agrees to provide true, accurate, current and complete information about as prompted by the Website's registration form. If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User’s account and refuse any and all current or future use of the Website (or any portion thereof). If the User uses the Website, he/she is responsible for maintaining the confidentiality of his/her account and password including cases when it is being used by any of his/her family members, friends or relatives, whether a minor or an adult. The User further agrees to accept responsibility for all transactions made from his/her account and any dispute arising out of any misuse of such account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the Company. Because of this, the Company strongly recommends that the User exit from his/her account at the end of each session. The User agrees to notify the Company immediately of any unauthorized use of his/her account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

7.USER’S OBLIGATIONS:

The User agrees and acknowledges that he/she is a restricted user of the Website, and that he/she: is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited. The User’s right to reproduction if any, is limited to his/her personal information or content.

Agrees not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access, as detailed in clause 3 hereunder.

The Company disclaims any and all liabilities arising in relation to offensive content on the Website. The User may report any offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion

In places where the Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked as per the provisions of clause 3, at the sole discretion of the Company

Further undertakes not to:

Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

Engage in any activity that interferes with or disrupts access to or the Website (or the servers and networks which are connected to the Website);

Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; 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;

Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner

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. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the information made available or offered by or through the Website, in any manner, except as authorized by the Company through the Website;

Disrupt or interfere with the security of, or otherwise cause harm to the Website’s systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites/ mobile applications;

Collect or store data about other users of the Website, except as authorized by the Company;

Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or any other third party(ies);

Violate any applicable laws, rules or regulations currently in force within or outside India;

Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

Publish, post, or disseminate information that is false, inaccurate or misleading;

Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (ISP) or in any manner disrupts the services of any other supplier/service provider of the Company

Engage in advertising to, or solicitation of, other users of the Website to buy or sell any services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.

The User hereby expressly authorizes the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes. The User further understands that the Company might be directed to disclose any information as necessary to satisfy any judicial order, law, regulation or valid governmental request.

The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website

The User is solely responsible for information relating to his/her account including but not limited to user identification, password and other related account details. The Website will assist in recovery of such information as and when requested in accordance with known methods of password retrieval, but bears no obligation to provide it without the necessary steps of authentication and verification

8.COMMUNICATION:

By using the Website and providing his/her contact information to the Company, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs, Whatsapp from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages/ Whatsapp, the User may send an e-mail to the effect to info@lightfx.in with the subject “Unsubscribe”.

The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.

The User authorizes the Company to send emails/SMS’s/Whatsapp on his/her behalf to patients solely for the purpose of disseminating information regarding appointments, greetings and other purposes within the scope of the Services.

It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

9. CHARGES AND MODE OF PAYMENT:

The use of this Website by the User, including browsing the Website is free of cost. The User is only required to pay for the product purchased from the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered/rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.

The following payment options are available on the Website:

Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;

Visa & Master Card Debit cards;

Net banking/UPI/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’;

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of [·]. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To place a valid order on the Website, the User is required to complete the transaction; including making payment for the product / services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the Website or over the phone, the User expressly agrees to the Terms and the Policy published in the appropriate section of the Website or affiliated websites where reference to such affiliated websites has been specifically made.

After the User has added products / services to the shopping cart, and proceeded to the checkout section, the User will be asked for his/her preferred delivery address and other contact information, as well as payment related information. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or Credit Card Company. It is at this stage that the User’s order is successfully placed. Thereafter, the products / services purchased by the User will be shipped based on product availability and completion of logistics operations related to the same.

10. SECURITY:

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

11. SECURITY:

12. CANCELLATIONS BY THE COMPANY/WEBSITE:

The User notes that there may be certain orders that the Company is unable to accept and must cancel. The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in the User’s order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. The Company may also require additional verifications or information before accepting any order. The Company will contact the User if all or any portion of the User’s order is cancelled or if additional information is required to accept such order. If the User’s order is cancelled after his/her credit card has been charged, the said amount will be reversed back in the User’s bank account within 15 days in accordance with the policies of the banking institution

13. CANCELLATIONS BY THE USER:

In case of requests for order cancellations, the Company reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if the Company receives a cancellation notice and the order has not been processed / approved by the Company, it shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if it is made within 24 (twenty four) hours of making the order on the Website. The Company will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. The Company has the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by the Company.

14. MONITORING OF USER’S ACCOUNT:

The Company may constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing the Website’s services fraudulently shall be liable for legal actions under applicable law and the Company reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Company reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, the Company shall owe no liability for any refunds. The Company as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on the account of the cardholder.

15. PRICING AND BILLING:

Prices and availability of products offered for sale on the Website are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to the Company’s pricing policy and the prices shall be determined only at the Company’s sole discretion. Prices displayed for every product shall be exclusive of taxes and shipping charges. All such charges apart from the base price of the product will be accurately calculated and displayed on the User’s invoice for that particular order.

While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact the User for instructions or cancel the order and notify the User of such cancellation. The Company will have the right to modify the price of the product and contact the User for further instructions using the e-mail address or telephone number provided by the User during the time of registration, or cancel the order and notify the User of such cancellation. In the event that the Company accepts the User’s order, the same shall processed. The payment may be processed prior to the Company’s dispatch of the product that the User has ordered. If the Company has to cancel the order after the payment is processed, the said amount will be reversed back to the User’s credit card account

16. DELIVERY:

The Company endeavours but does not guarantee to deliver the products to Users within [·] from the day of close of sale depending upon the shipping location. The Company works with different type of suppliers (manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to delivery of products from supplier to the Company. Other factors include delay in delivery through the courier partner, transporters’ strike etc. The Company reserves the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. The User may not treat the contract (as a whole) as repudiated if the Company fails to deliver any one or more of the installments or if the User has a claim in respect of any one or more of the installments. If the User fails to take delivery of the goods, the Company may at its discretion charge the User for the additional shipping cost.

The User notes that the Company insures each purchase during the time it is in transit until it is delivered to the specified delivery address. The Company requires a signature for any goods delivered, at which point responsibility for the purchased goods passes to the User. If the User has specified a third party recipient for delivery purposes (for example as a gift) then the User accepts that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by the Company of its obligation. The Company aims to dispatch all orders within 24 (twenty four) hours of receipt on a business day (weekdays, excluding public holidays). Estimated delivery times are to be used as a guide only and commence from the date of dispatch. The Company is not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

Further, the Company may at times be unable to deliver the confirmed order(s) to the User and the reason for the same could be inclusive of but not limited to the following:

Unavailability of the relevant product: Failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product;

Poor/improper/defective quality of the relevant product ascertained through the Company’s quality audit process and inaccuracies or errors in product or pricing information

17. INTELLECTUAL PROPERTY:

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website and the Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Company and other distinctive brand features of the Website are the property of the Company. Furthermore, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website or that in any manner disparages or discredits the Company or the Website

18. INDEMNITY:

The User hereby expressly agrees to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any breach of warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under these Terms, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

In no event shall the Company be liable to compensate the User or any third party for any 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 the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.

19. DISCLAIMER OF WARRANTIES AND LIABILITIES:

The Company does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.

The Company assumes no liability for breach of integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at the User’s risk and is subject to all applicable local, state, national, and international laws.

Access to the Website and the information contained on the system is provided on an "as is" and "as available" basis without any warranty of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The User is solely responsible for any and all acts or omissions taken or made in reliance on the system or the information in the system, including inaccurate or incomplete information. It is expressly agreed that in no event shall the Company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the Company has been apprised of the possibility or likelihood of such damages occurring. The Company disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.

The Company will not be deemed to be in breach of these Terms unless the User has first given the Company written notice specifying the nature of the default, and the Company has failed within 30 (thirty) days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.

The User acknowledges that other users have access to the system and are receiving the Company’s services. Such other users have committed to comply with these Terms and the Policy; however, the actions of such other users are beyond the Company’s control. Accordingly, the Company does not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any users' actions or failures to act.

The Company is not responsible for unauthorized access to the Company’s data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of the User’s data files, programs, procedures, or information through the Website, whether by accident, fraudulent means or devices, or any other means. The User is solely responsible for validating the accuracy of all output and reports, and for protecting his/her data and programs from loss by implementing appropriate security measures, including routine backup procedures. The User hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the services.

The Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to the User for the quality, safety, usability, or other aspect of a product or service that is supplied by a merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.

The Website or third parties may provide links to other Websites or resources. Because the Company has no control over such websites and resources, the User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. The User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

It is further agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.

20. DISPUTE RESOLUTION:

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms in conjunction with the Policy and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (ADR) mechanism. It is further agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.

Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within 30 (thirty) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration and settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of [Kolkata, West Bengal].

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at [Kolkata, West Bengal] shall have exclusive jurisdiction over any disputes arising between the Parties.

21. FORCE MAJEURE:

The Parties agree that a Force Majeure means any circumstances beyond the control of a Party, including, but not limited to, acts of God, orders or restrictions, war or warlike conditions, hostilities, sanctions, blockades, embargoes, strikes, earthquakes, failure of communication or banking systems provided that such failure of communication or banking systems is beyond the control of such Party.

No Party shall be required to perform any of its obligations under these Terms in the event of a Force Majeure event. Provided, however, that such Party shall promptly inform the other Party of the occurrence of any Force Majeure event and each of the Parties shall make their best efforts to remedy or mitigate the effects of the Force Majeure event and shall agree on a reasonable time frame within which the affected obligation or duty should be performed.

22. MISCELLANEOUS:

Notice: Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due, or by fax or email using the contact information of the Company available on the Website.

Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

23. Privacy Policy::

LIGHTFX Privacy Policy forms part of the Terms & Conditions and can be found on the below mentioned links: https://lightfx.in/terms-and-conditions

These Terms & Conditions apply to all users of the Website. The Website may include content, information or links to third parties or third party websites. LIGHTFX does not regularly review materials posted, or products or services offered, on the Website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third-party websites. By accepting these Terms & Conditions you agree to hold harmless and relieve LIGHTFX and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and any you agree and acknowledge that viewing and usage of the contents of any such third-party website is solely made at your own risk.

LIGHTFX recommends that before you disclose any personal information to a third party, you should first read and accept the third party’s privacy policy and terms and conditions of use (if applicable) of their website.

Access to Website:

LIGHTFX hereby provides its conditional permission for you to access the Website in accordance with these Terms and Conditions provided that you use the Website on your continued and absolute compliance with these Terms and Conditions. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use, (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers”, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, LIGHTFX grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LIGHTFX reserves the right to revoke these exceptions either generally or in specific cases at any time.

You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.

Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material’s owner.

Intellectual Property Rights:

The Website contains many valuable intellectual properties including but not limited to trademarks and copyrights used by LIGHTFX and its subsidiaries namely Bookmyflowers.com and Giftsbymeeta.com, affiliates and related entities throughout the world. These trademarks are used to distinguish LIGHTFX quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of LIGHTFX.

The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of LIGHTFX, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of LIGHTFX.

The Website may link to websites not maintained by or related to LIGHTFX. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or LIGHTFX has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user’s own risk and in accordance with the Website’s usage policy. LIGHTFX makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, LIGHTFX does not implicitly endorse third-party websites hyper-linked to the Website.

The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law (“Content”) and the trademarks, service marks and logos contained therein (“Trademarks”), are owned by/licensed to LIGHTFX, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of LIGHTFX or the respective owners, as the case may be. LIGHTFX reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The contents of the Website are Copyright (c) 2005 LIGHTFX all rights reserved.

Communications:

You consent to receive communications from us by e-mail, SMS, Whataspp or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that LIGHTFX provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.

Your Account:

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. LIGHTFX reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion

Products and Pricing:

All products listed on the Website their descriptions, and their prices are each subject to change. LIGHTFX reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice. You agree that LIGHTFX will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or services. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information on such product or services received from LIGHTFX’s suppliers, LIGHTFX shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have been already been charged for the order and LIGHTFX cancels your order, LIGHTFX for any reason whatsoever, LIGHTFX will issue a credit to your credit/debit card or bank account in the amount of the charge.

Orders & Acceptance of Orders:

When you make an order, you are making an offer to purchase, and such offer is subject to acceptance of LIGHTFX. Your receipt of an order confirmation from LIGHTFX does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. LIGHTFX reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. LIGHTFX may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until LIGHTFX sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if LIGHTFX cancels all or a part of your order, your sole and exclusive remedy is either that (a) LIGHTFX will issue a credit to your credit/debit card or bank account in the amount charged for the cancelled portion (if your account card has already been charged for the order) or (b) LIGHTFX will not charge your credit/debit card or bank account for the cancelled portion of the order.

For your convenience, LIGHTFX accepts Visa, Master Card, Diners Club, American Express, SBI Debit Card and PayPal. Notwithstanding anything contained herein, any and all payments made vide abovementioned options, through payment gateway on the LIGHTFX website is subject to specific terms and conditions of such third-party payment gateways.

LIGHTFX encourages you to place your order on the Website for the fastest possible service, but if you prefer, please feel free to call in your order. You can reach us at +91 98740 13118.

Timings:

08.00 am –00.00 am (Mon – Sat)

08.00 am – 09.00 pm (Sun)

Customer can place the order by two methods:-

Online – Customer can place order on website and make the payment through below mentioned modes of online payment.

Offline – By calling the call center of LIGHTFX.

Order Cancellation

LIGHTFX makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know. LIGHTFX is will not cancel or change orders already in process at the florist, en-route or delivered. Same-day orders are processed immediately, and usually cannot be changed. If you are calling about an order that is scheduled to be delivered on the same day, you can reach us on +91 98740 13118. No change in delivery instructions will be entertained by LIGHTFX prior to 2 working hours of the time of delivery and acknowledged by our customer support team (domestic). LIGHTFX will not cancel any order unless informed 24 prior to the delivery date.

Any refund if initiated by LIGHTFX in its sole discretion, in respect of cancellation of order by the customer, can only be processed in terms of Gift Vouchers. Gift Voucher shall be valid for 3 (three) months from the date of issue, and would apply on the Website catalogue. Gift Voucher can be used only once and will not be exchanged for anything other the products/services as specified therein. Once used, it expires automatically and no refund or return will be entertained in relation to the purchases/orders made with it.

Notwithstanding anything contained herein the Terms and Conditions, any Discount Voucher issued to you by LIGHTFX can be used only once and will expire thereafter, even if the order/delivery is unsuccessful.

Note: A refund will be processed by LIGHTFX in the event LIGHTFX determines that the cancellation of the order is due to LIGHTFX’s incapability of fulfilling the order.

Problems with an Order:

LIGHTFX makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know.

Note: LIGHTFX will not entertain any complaint for perishable products like fresh flowers after 48 hours from the time of delivery.

Order-Related E-mails:

Shortly after you place an order, you will receive an Order Confirmation e-mail which will include all the details of your order, including the order number, (required in the event you need to contact LIGHTFX). To show our appreciation, you will receive a confirmation e-mail or Whatsapp from LIGHTFX when your gift has been delivered.

Payment Terms:

For each product or service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on LIGHTFX income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”) not withheld by LIGHTFX. All payments are non-refundable (except as expressly set forth in the Terms and Conditions). Without limiting other remedies, LIGHTFX reserves the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% (one and half percent) per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.

Order delivery is totally subject to the payment received by LIGHTFX. Unless payment is received by LIGHTFX, no order will be processed.

Mode of making payment

Online

Debit Card (particulars mentioned below)

Credit Card – Domestic and international

Internet Banking (Funds transfer in LIGHTFX account)

UPI Payment (Google-Pay & Phone-Pay)

PayPal

Cash Collection/Cash Cards (Oxy Cash) / Cash Deposit/Direct Deposit – Customer need to follow up with LIGHTFX over phone and e-mail to update the status of payment.

Offline (Over the Phone: When customer places order over the phone. At times customer places an order on Website however payment gets stuck in gateway and payment may not go through. In such situations customer might get a call from our specialist support unit to assist them in placing the order.)

Debit Card-ICICI/AXIS/SBI/HDFC card are accepted and other all Indian Bank cards are also accepted.

Credit Card – Domestic and international (with the help of IVR)

Credit Cards: -Payment can be done through credit cards also

Net Banking: -Customer can transfer the funds to LIGHTFX Account through net banking. From

All Indian Banks LIGHTFX accepts for net banking:

UPI PAYMENTS: LIGHTFX accepts all UPI Payments via UPI ID.

OFFLINE (Call Center): – When customer places order over the phone. At times customer places an order on website however payment gets stuck in gateway and payment may not go through. In such situations customer might get a call from our specialist support unit to assist them in placing the order.

Shipping & Delivery Policy:

The below mentioned terms of the shipping and delivery are qualified by the Shipping Disclaimer, which forms an integral part of the Terms and Conditions.

To assure same-day delivery, orders must be received by LIGHTFX before 1:30 pm, Monday – Sunday, IST. Orders received after that time may be delivered the following day. Proof of delivery will be provided in case of any dispute in delivery.

LIGHTFX does not guarantee time of delivery to rural route addresses, hotels, hospitals, military bases or cemeteries. To request a specific delivery time, please type it into the Special Instructions field during checkout. LIGHTFX will endeavour to accommodate your preferences. Before major holidays, LIGHTFX recommends that you place your orders at least 5 (five) days in advance. Express delivery products may not be delivered along with courier products.

LIGHTFX, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient\’s address

Notwithstanding anything contained in the Terms and Conditions or elsewhere on the Website, any delivery times provided by LIGHTFX are estimates. Currently LIGHTFX are available to deliver within all the cities in India.

Estimated delivery time depends on the availability of the product and the destination to which you want the order/product to be shipped.

Substitution Policy:

Occasionally, substitutions of flowers or containers are necessary due to temporary, regional availability issues. If this is the case with the gift/order/product you have selected, experienced florists of LIGHTFX will ensure that the style, theme and color scheme of your arrangement is preserved and will only substitute items of equal or higher value. However LIGHTFX reserves the right to substitute the flowers (including specified color) / other products with equal or higher value in case of non-availability of the desired product.

Return & Refund Policy:

Refunds:

Your purchase is final and non-refundable. Subject to the other Term and Conditions, no product or service may be returned.

Notwithstanding anything contained in the Terms and Conditions, in the event LIGHTFX decides to refund to you, LIGHTFX will offer only credit vouchers equivalent to the refund amount but in some case LIGHTFX will refund the money back and the refund could be processed if we have account details of the customer. Refund could be processed if it is agreed upon and communicated in writing to the customer.

Online Refund is credited directly through the mode from which customer has paid the money within 24 working hours. Once processed by LIGHTFX refund takes 10-15 business days to reflect in your account.

Offline Refund is credited once customer shares the bank details post which it takes 5-7 working days. Once processed by LIGHTFX refund takes 10-15 business days to reflect in your account.

LIGHTFX is not responsible and does not guarantee refund for cases where:

Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender.

Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.

Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.

Product quality problems caused by improper handling by the recipient.

Exchanges:

LIGHTFX will not accept any product exchanges.

Damaged/Defective Products

If any product received by you is in a damaged/defective condition, you should report the same to LIGHTFX within 48 hours of such delivery at91-9874013118 and e-mail the photographs of the same at ‘info@lightfx.in’. LIGHTFX will in its sole discretion will either deliver to you, the new product at its own cost or refund to you the amount in relation to such product. Subject to the Terms and Conditions, once refund is initiated by LIGHTFX, it takes 10-15 business days to reflect the refund amount in your account.

Disclaimers, Limitations and Exclusions of Liability

WHILE LIGHTFX ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE, THERE MAY EXIST SOME INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, LIGHTFX MAY MAKE MODIFICATIONS OR CHANGES TO THE WEBSITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME. LIGHTFX IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR PRICING ERRORS ON THE WEBSITE; LIGHTFX RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH LIGHTFX BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT LIGHTFX BELIEVES ARE HARMFUL TO LIGHTFX OR ITS AFFILIATES. LIGHTFX ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS WEBSITE.

YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE. LIGHTFX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LIGHTFX DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. LIGHTFX DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIGHTFX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITION, THE SERVICE, THE WEBSITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF LIGHTFX WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL AGGREGATE LIABILITY OF LIGHTFX TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) INR 500 (INDIAN RUPEES FIVE HUNDRED ONLY) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN RELATION TO THE SERVICE, THE PRODUCTS OR THE USAGE OF THE WEBSITE IN THE PAST 1 (ONE) MONTH HEREUNDER. YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND LIGHTFX RELATING TO THE PROVISION OF THE WEBSITE, THE SERVICE AND THE PRODUCTS TO YOU, AND LIGHTFX WOULD NOT PROVIDE THE WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

LIGHTFX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS PROCURED / MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS DELIVERED TO YOU BY ANY THIRD PARTY. LIGHTFX ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. LIGHTFX DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. LIGHTFX DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PARTY.

User Submissions:

LIGHTFX welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to LIGHTFX or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for LIGHTFX to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, LIGHTFX does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that LIGHTFX may publish your name and submissions on the Website, LIGHTFX managed social media, advertising, print material or in any other press releases of media items.

In relation to your User Submission you covenant, represent and warrant that:

you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise LIGHTFX to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions .

in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LIGHTFX all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to LIGHTFX or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Your agrees and acknowledge that LIGHTFX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LIGHTFX expressly disclaims any and all liability in connection with User Submissions. Furthermore, LIGHTFX does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and LIGHTFX is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. LIGHTFX reserves the right to remove content and User Submissions without any prior notice.

LIGHTFX may also terminate, without notice, a user’s access to its website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. LIGHTFX also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

Indemnity:

You agree to indemnify, defend and hold harmless LIGHTFX, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by LIGHTFX.

Ability to accept the Terms & Conditions:

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.

Applicable Law & Jurisdiction:

By accessing the Website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and LIGHTFX or its affiliates.

Any claim or dispute between you and LIGHTFX that arises in whole or in part from accessing or using the Website or in relation to orders, delivery, quality or any such products or services offered through the Website, shall be decided exclusively by a court of competent jurisdiction located in Delhi, India only.

Local Laws:

LIGHTFX makes no representation that the products/materials as mentioned on the Website is appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal, is prohibited. Further, LIGHTFX makes no representation that the products and services available for sale or use on the Website are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from the Website from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Entire Agreement:

These Terms and Conditions, together with LIGHTFX return policy, security and privacy, substitution policy, privacy policy, disclaimers and other rules and policies posted on the Website, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and LIGHTFX with respect to your use of and material available through the Website, and they supersede all prior or contemporaneous communications and proposals between you and LIGHTFX, if any, with respect to the Website. Any rights not expressly granted in these Terms and Conditions are reserved.

General:

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law or deemed invalid, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and LIGHTFX as a result of these Terms and Conditions or your use of the Website. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the failure by LIGHTFX to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

Important Notice to Webmasters:

You shall not use or deploy the Trademarks in the html coding of any website and/or hidden text to aid indexing by search services by listing selected keywords in order to display those pages when a user types into a search service.

Linking to any content/pages on the Website is prohibited absent express written permission from LIGHTFX. Framing the LIGHTFX Website with links, Metatags, advertisements and/or other information not originating from the LIGHTFX Website is expressly prohibited.