General
Letschaton (hereinafter, the ‘Website/ Mobile App’) is owned and operated by 2751622 Ontario Inc and guided by Praveen Bandekar and family members, having offices at 125-1065 Canadian Place, Mississauga, Ontario, Canada. L4W0C2. The company. All are advised to read and understand these Terms of Service (“Terms”) carefully as moving past the home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies, which constitute a legally binding agreement between you and the Company. These terms are to be read along with the Privacy Policy and any other policies on the Website/Mobile App. This document is an electronic record which require publishing of Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the Website/Mobile App and being generated by a computer system, it does not require any physical or digital signatures. These terms are to be read along with the Privacy Policy and any other policies on the Application.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. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Mobile App following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website/Mobile App. If the User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
2. Definitions
For the purpose of these Terms, wherever the context so requires,
a) ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires;
b) “Service Providers” shall mean including, but not limited to banks, insurance companies, exchange houses etc., who provide the Service to the Users;
c) “Terms”, “Terms and conditions”, “Policy”, “T&C”, “Agreement” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website/Mobile App;
d) “Third Party” refers to any person other than the “User” the “Company”, or the “Website”;
e) “We”, “Us”, “Our” shall mean the Company;
f) >“You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or using the Services offered by the Website.
3. Service Overview
The Website / Mobile App acts as an intermediary platform which enables the Users to browse and comment through all the categories of services (hereinafter referred as the Services).We collect no payments from the User. You agree and understand, You would be bound by the policies of the Service Providers if you buy their products/services. The website/ mobile app reserves the right to request and or unilaterally delete any content that may be considered inappropriate
4. Registration, Eligibility and Access
No registration is required to visit or browse the Website/Mobile App. Users must register in order to better engage with the platform by providing certain information, which includes, but is not limited to, the following:Name, Phone Number, Email.ID.
The Website/Mobile App also offers Sign Up process with our own sign up system and other platforms such as Facebook and Google. Website/Mobile App uses Facebook Connect and Google platforms as a medium for signing up only. The user data collected by the Website/Mobile App shall only be through the above mediums which will be provided by the intended user through their Facebook or Google profile, no other data shall be collected/used by the Website/Mobile App apart from those that was permitted during Sign Up process. However, kindly note that the manner in which Facebook and Google uses, stores and discloses your information is governed solely by its policies, and the Website/Mobile App bears no liabilities/responsibility for its privacy practices and/or other actions of any third-party site or service that may be enabled within the Service. At any time during your use of this Website/Mobile App including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username, password, enrolment no. and any activity under your registered account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Company has reasons to believe You have done so, We hold the right to permanently suspend Your account.
5. Security
We provide data security and protection through reasonable securities and practices as defined by law from time to time. Transactions on the Website/Mobile App are secure and protected. Any information entered by the User when transacting on the Website/Mobile App is encrypted to protect the User against unintentional disclosure to third parties.
6. License and Access
The Company grants you a limited sub-license to access and make personal use of the Website/Mobile App. You will not engage in and actions that are grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever. Harms minors in any way; Infringes any patent, trademark, copyright or other proprietary/intellectual property rights; Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature; Impersonates another person; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; Threatens the unity, integrity, defence, security or sovereignty of any country or company or individual, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or Is misleading or known to be false in any way.
7. Communication
The communication between the company and the Users will be based on the information provided to each other.
8. Charges
Browsing the Website/Mobile App is free of cost.
9. Payment
There is no payment required for accessing the Website/Mobile App. The Website/Mobile App will not prompt any notification for payment of money throughout the accessing of the Website/Mobile App. And in case of any messages or emails received using the name of the Website, the User shall immediately notify the same to the Company.
10. User Obligations
The User undertakes to fulfill the following obligations and failure to satisfy any of these obligations gives us the right to permanently suspend Your user profile and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.
a) You agree to comply with all local laws and regulations governing the use of the Website and its services, including, without limitation, any usage rules set forth in this Terms of Service.
b) You understand and agree that You will be liable for any damage or loss caused by Your actions on the Website and that such damage or loss will also be borne by You. The Company shall in not whatsoever be held responsible for any violations caused by you.
Access (or attempt to access) the Website/Mobile App and/or the Contents or Services offered on the Website/Mobile App by any means other than through the interface that is provided by the Website/Mobile App. 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/Mobile App or Content, or to obtain or attempt to obtain any materials, documents or information, or contents through any means not specifically made available through the Website/Mobile App is prohibited. You acknowledge and agree that by accessing or using the Website/Mobile App, You may be exposed to content from other Users or Third Parties Ads that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Mobile App. Further, You may report against such offensive contents to Us.
Use the Website/Mobile App in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Company’s services; (ii) any other party’s use and enjoyment of the Company’s services; or (iii) the contents of any Third Party.
Use the Company’s Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.
Engage in any activity that interferes with or disrupts access to the Website/Mobile App or the Company’s Services (or the servers and networks which are connected to the Website/Mobile App).
Upload or distribute files and contents that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Mobile App.
Download any file or content posted in the Website/Mobile App that you know, or reasonably should know, cannot be legally distributed in such manner.
Probe, scan or test the vulnerability of the Website/Mobile App, or any network connected to the Website/Mobile App, nor breach the security or authentication measures on the Website/Mobile App, or any network connected to the Website/Mobile App. You may not reverse look-up, trace or seek to trace any information on any other user, or visitor of the Website/Mobile App, or exploit the Website/Mobile App or information or contents made available or offered by or through the Website/Mobile App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Mobile App.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Mobile App, systems resources, servers or networks connected to or accessible through the Website/Mobile App, or any affiliated or linked Website/Mobile App.
Use the Website/Mobile App, or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes our rights, or the rights of other Third Parties.
Violate any applicable laws or regulations for the time being in force within or outside Canada.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service provided by us.
Threaten the unity, integrity, defense, security or sovereignty of any country and friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Disseminate information through the Website/Mobile App that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Canada.
The User hereby expressly authorizes the Company/Website/Mobile App to disclose any and all information relating to the User in the possession of the Company/Website 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, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. Disclaimers Regarding Products/Services
The Company does not make any representation or warranties in respect of the products/Services available on the Website/Mobile App nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products/Services on the Website/Mobile App. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s)/Services and is not responsible for damages or delays.
12. Confidential Information
“Confidential Information” shall mean and include any and all information and content whether commercial or technical including the confidential and proprietary information, Personally identifiable information, technology know-how, commercialization strategies, marketing strategies and/or any other proprietary information. We may reveal to any third party the user’s confidential information. For further information refer to the Privacy Policy here.
Suspension of User Access and Activity
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 association with the Website/Mobile App, and/or refuse to usage of the Website/Mobile App to the User, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.
13. Force Majeure
The User agrees that in situations due to any technical or other failure in the Website/Mobile App, Services committed earlier may not be provided or may involve substantial modification. In such cases, We shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of the Website/Mobile App against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
14. User Obligations
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website/Mobile App or otherwise disclosed, submitted or offered in connection with use of the Website/Mobile App (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Website/Mobile App will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Website/Mobile App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Website/Mobile App. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.Further, any reliance placed on Comments available on the Website/Mobile App from a third party shall be at your sole risk and expense.
15. Intellectual Property
We place great emphasis on intellectual property. We own the trademarks and the user interface of our Website/Mobile App are all proprietary and the copyright belongs to us. All third-party information and trademarks displayed on our Website/Mobile App is protected under the laws relating to copyrights, trade dress, trademarks and is owned by the respective third party. Unless otherwise expressly mentioned, all other content on our Website/Mobile App shall be reserved and use of any such intellectual property without prior consent or permission from the respected owners will amount to infringement will be subject to legal action by owners of such intellectual property.We are not liable for any reviews, comments and feedbacks made on third party applications which are displayed on our Website/Mobile App, which are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties.You may not use any of the intellectual property displayed on the Website/Mobile App in any manner that is likely to cause confusion among existing or prospective User of the Website/Mobile App, or that in any manner disparages or discredits the Company/Website/Mobile App, to be determined in the sole discretion of the CompanyYou are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the Company, and that at no point does any such intellectual property stand transferred to You.You are further aware that any reproduction or infringement of the intellectual property of the aforementioned artisans by You will result in legal action being initiated against you by the respective artisans. It is agreed by You that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. Disclaimer of Warranty
This is private and proprietary document of Letschaton.ca You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/Mobile App, services and other materials and contents provided by this Website/Mobile App are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
a) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
b) Materials, information and contents obtained will be effective, accurate or reliable;
c) Any wrongdoing by the User including theft, sexual abuse shall not be Our responsibility; any kind of abuse and misappropriation of any kind
d) Any errors or defects in the Website/Mobile App, services or other contents will be corrected to the maximum extent permitted by applicable law. We will have no liability related to your content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The User understands and agrees that any material, content or data downloaded or otherwise obtained through the Website/Mobile App is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her electronic systems or loss of data that results from the download of such material, content or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
e) In the event of any issues with online transactions performed on the Website/Mobile App, we shall not take up any liability and any transaction related issues shall directly be dealt between the Users and the concerned payment gateways and/or the concerned Banks.
We shall not be liable for any third-party product or services. The advertisement available on E-mail, or Website/Mobile App with respect to the third-party Website/Mobile App or the products and services are for information purpose only.
17. Limitations of Liability
The services we provide are solely limited to the description provided in this Terms of Service and the Website/Mobile App. We will not be liable for information and errors from third party Website/Mobile App and applications.The Company/Website is not responsible for any consequences arising out of the following events:
a) If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
b) If the User has fed incorrect information or data or for any deletion of data.
c) If there is undue delay or inability to communicate through email.
d) If there is a failure in the functioning of any other service provided by the Website.The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the User through the Website.Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the WebsiteUsers are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Website/Mobile App expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms. To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
18. Indemnification
You agree to indemnify, defend and hold harmless the Company including but not limited to its agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website/Mobile App, any claim that your material/content caused damage to a third party, your violation of the Terms of Service, or your violation of any rights of another, including any intellectual property rights.In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to you 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 or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website/Mobile App, services, contents or materials. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable law.
19. Term and Termination
These Terms will remain in full force and effect while you are a User of the Website/Mobile App. The Company hold the rights to terminate the agreement and suspend/cancel the registered user’s account.The Website/Mobile App may at any time by giving you reasonable notice, terminate the agreement with you, deny you access to the Website/Mobile App and/or suspend or delete your User Profile and/or any content you have submitted on the Website/Mobile App. The Website may immediately terminate the agreement with you, deny you access to the Website and delete your User Profile in the event that you have breached any of these Terms of Service.
20. Third Party Contents/Ads
Our Website/Mobile App will incorporate information and ads from third party websites and applications including but not limited to various payment gateways, which will be incorporated on the Website /Mobile App from time to time. Our Website merely displays such information and is not responsible for the authenticity or content of such information from third party websites and applications.
21. Governing Law
Arbitration:
These Terms of Service including the privacy policy shall be governed by Canadian law. Any disputes arising out of or in connection with these Terms of Service shall be governed by the laws the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be in English language.
Applicable Law:
You agree that the laws of the, UAE excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the courts of New Delhi and we each agree to personal jurisdiction in those courts.
Privacy Policy:
The Privacy Policy is separately available on the Website/Mobile App, and can be perused by you at your convenience.
22. Miscellaneous Provisions
Entire Agreement: The terms and conditions set forth in this Agreement and any additional or different terms expressly agreed by the Parties shall constitute the entire agreement and understanding of the Parties with respect to each Service and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Parties shall always remain subject to the terms of this Agreement.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, 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 other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
23. Contact Us
If you have any questions about this Agreement, the practices of the Website/Mobile App, or your experience with the Service, you can contact us through support@Letschaton.ca.