Terms of Use and Privacy Policy

TERMS OF USE

 

The following terms “(“Terms of Use”) govern the access, viewing or use by you (hereinafter referred to as the “user”, “you” or “your”) of [https://lavellenetworks.com] (hereinafter referred to as the “Lavelle Networks Website”).

 

The Lavelle Networks Website is owned and operated by Lavelle Networks Private Limited, an Indian company having its principal place of business at [Lavelle Networks Private Limited 3163/2 2nd Floor, 12th A Main, ESI Hospital Road HAL 2nd Stage, Indira Nagar, Bangalore 560 038, Karnataka] (“Company“).  You acknowledge that this Terms of Use will be read in line with any other agreement that you have entered into with the Company in relation to the use and access of the Lavelle Networks Website.

 

By accepting the terms herein, or by accessing, viewing or using the Lavelle Networks Website, you agree to be bound by the Terms of Use and they constitute your binding legal obligations towards the Company in addition to any other agreement that you have entered into with the Company.

 

The Terms of Use may be modified (including suspension, cancellation, discontinuance of the Lavelle Networks Website) at any time by the Company by posting the changes on the Lavelle Networks Website or by e-mailing you, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Lavelle Networks Website. Any modified terms shall be applicable to your use of the Lavelle Networks Website without need for any further consent.

 

If you do not agree to the Terms of Use, you should not access, view or use the Lavelle Networks Website.

1. Definitions

 

(a) “Privacy Policy” shall mean the privacy policy available at the Lavelle Networks Website.

(b) “User” or “you” or “your”, shall include any individual or legal entity who uses or accesses the Lavelle Networks Website in accordance with the Terms of Use.

(c) “Company” or “we” or “us” shall mean Lavelle Networks Private Limited.

(d) “Information” shall have the meaning ascribed to it under the Policy.

 

2. Lavelle Networks Website Access and User Registration

 

(a) General:

(i) You agree and understand that the Lavelle Networks Website and the contents are intended for people who are of the age of 18 years or above and otherwise competent to contract. You hereby represent that you are 18 years of age or above and competent to contract.

(ii)You understand that for the purpose of effectively using the Lavelle Networks Website you will be required to provide accurate information including user Information for the purposes of your registration with the Company.

(iii)You represent that you have all rights required to provide the information that you provide to Lavelle Networks Website, including the user Information and represent that it is true and accurate.

(iv)If you register as a legal entity, you represent that you are duly authorized by such legal entity to register and accept the Terms of Use and bind such legal entity to the Terms of Use.

(v)All user Information will be used and processed in accordance with the Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

(b) You will be solely responsible for maintaining the confidentiality of the password assigned to you and agree that the password is intended for use solely by you.

(c) You will be solely responsible for your acts on the Lavelle Networks Website including those conducted under the username assigned to You.

(d) You understand and agree that the Company may, in its sole discretion, terminate your access to the Lavelle Networks Website without notice and you waive any right to claim access to the Lavelle Networks Website or any other claim that you may have. Any data of your usage may be retained or deleted at Company’s sole discretion.

 

3. Permitted Uses

(a) You agree that you will use the Lavelle Networks Website in accordance with the Terms of Use, the Privacy Policy, and any other agreement that you have entered into with the Company.

(b) You will use the Lavelle Networks Website and any information available in accordance with all applicable laws and regulations.

 

4. Prohibited Use

 

In relation to the use and access of the Lavelle Networks Website its content and features, you agree and undertake not to:

(a) re-sell the usage of the Lavelle Networks Website;

(b) upload, transmit or publish any information on behalf of a third party, including any user Information of any person other than you, and more specifically, you will not impersonate another person;

(c) upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) create user accounts by automated means or under false or fraudulent pretenses;

(e) take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Lavelle Networks Website;

(f) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Lavelle Networks Website;

(g) upload, transmit or publish any information or material which may harm minors in any way;

(h) violate or invade the privacy of any person;

(i) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Lavelle Networks Website, Company’s computer systems, or the computer systems of other users or third-party systems;

(j) upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;

(k) deceive or mislead the other users of the Lavelle Networks Website about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;

(l) access the Lavelle Networks Website in any unauthorized manner, including by hacking or using log-in credentials of any other user;

(m) use the Lavelle Networks Website for any unauthorized marketing purposes or for sending any unsolicited materials or spamming;

(n) do any acts that threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

5. Independent Contractor

 

You acknowledge that the Company is not acting as your agent. Consequently, the Company shall not be liable for your actions resultant from your use of the Lavelle Networks Website and expressly waives any liability of the Company in this regard.

 

6. Disclaimers

 

Except otherwise expressly provided, any content or information, therein are provided “as is” without warranty of any kind, either express or implied.

 

7. Intellectual Property

 

You agree and understand that:

(a) the contents of the Lavelle Networks Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Lavelle Networks Website and its contents and functionalities shall vest solely with the Company or its licensors.

(b) Save for the limited right to access and use the Lavelle Networks Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Lavelle Networks Website or any of the contents and functionalities.

(c) To the extent required, you grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of Your intellectual property which You have provided to the Company (or uploaded on to the Lavelle Networks Website).

(d) You have no right to make any copies of whole or part of the Lavelle Networks Website or any of the contents therein.

(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Lavelle Networks Website, save for any user Information that belongs to you.

 

8. Indemnity

 

You shall defend, indemnify and hold harmless the Company its principals, officers and employees against all claims, liabilities and costs (including reasonable attorneys’ fees), brought against the Company in connection with this Terms of Use, arising directly as a result of your actions or omissions or from any third-party claims as a result of your actions or omissions.

 9. Limitation of Liability

 

The aggregate liability of the Company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with the Terms of Use, your access and use of this Lavelle Networks Website and its contents and functionalities or for any reason related to the operation of the Lavelle Networks Website, shall not exceed Rs. 1000/- (INR One Thousand Only).  In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

 

10. General 

(a) Termination: The Company reserves the rights to terminate your access to the Lavelle Networks Website at any time, in its sole discretion at convenience or if you violate the Terms of Use.

(b) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of god.

(c) Waiver: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by the Company in writing to You. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against the Company arising from Your use of the Lavelle Networks Website or any other user’s conduct.

(d) Entire Agreement: The Terms of Use, the Privacy Policy and any other agreement entered with its users shall constitute the entire agreement. You enter into with the Company, as relevant, shall constitute the entire agreement between you and the Company for the use of the Lavelle Networks Website. Any modification to the Terms of Use shall only be binding if posted on the Lavelle Networks Website by the Company.

(e) Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use, which shall remain in full force and effect.

(f) Governing Law: The Terms of Use are governed by the laws of India (without regard to its conflict of laws principles).

(g) Exclusive Jurisdiction: You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bangalore, Karnataka, India for all disputes arising out of or relating to the Terms of Use. Subject to the foregoing, all disputes arising out of or in connection with this Terms of Use shall be settled in accordance with the rules of Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue of arbitration shall be Bengaluru and the language for arbitration shall be English.

Privacy Policy

Objective And Applicability Of The Policy

By browsing, visiting, accessing the website at https://www.lavellenetworks.com, you are expressly consenting to be bound by the privacy policy  and terms of use of Lavelle Networks Private Limited (the “Company” or “us” “we” “our”) and agree that you are responsible for compliance with any applicable laws in connection with your use and access of this website.

The terms “You” or “Your” or “User”, shall include any individual or legal entity who accesses or uses https://www.lavellenetworks.com (“Lavelle Networks Website”).

 

This privacy policy (“Policy”) describes the types of information the Company may collect from you or that you may provide in relation to the use or access of the Lavelle Networks Website and the manner in which such information is collected, used, processed, disclosed and maintained.

 

Please read and understand this Policy carefully. If you do not agree with our policies and our practices in the way we treat your information including without limitation user Information and any other information, your choice is to not use the Lavelle Network Website.  Your use or access of the Lavelle Networks Website, thus, shall constitute your agreement to this Privacy Policy.

 

The materials contained in the Lavelle Networks Website are protected by applicable copyright and trademark law.

This Privacy Policy shall apply to all Information you provide on the  Lavelle Network Website and all Information that the Company collects on the Lavelle Networks Website including but not limited to user Information, any information you upload, emails that you exchange with the Company and other users of the Lavelle Networks Website and any information submitted by you to the Company.

 

This Privacy Policy does not apply to, nor does the Company take any responsibility for, any information that is collected by any third party either using the Lavelle Networks Website or through any links on the Lavelle Networks Website or through any advertisements on the Lavelle Networks Website.

 

Type Of Information Collected

 

We collect following information (” Information”) from you:

 

(i) “Personally Identifiable Information”: information that could be used to identify you such as, your name, IP addresses, age, gender, telephone numbers, location data, email addresses, payment, billing or other related information which may be used to identify you;

(ii) “Sensitive Personal Information”: such as passwords and financial/ payment related information; if any

(iii) “Non-Personal Information”: information that cannot be used to identify you such as the webpages that you have viewed and your usage patterns; and

(iv) “Device Information”: information which is automatically collected about the device from which the Lavelle Networks Website is used.

 

Manner Of Collection Of The Information

In the use of the Lavelle Networks Website, as you navigate through the Lavelle Networks Website, the Company may collect different types of information as detailed above.

 

You understand that the Information collected by the Company, may be collected directly or through tracking of your usage of the Lavelle Networks Website. The usage details may include IP addresses, details of your computer equipment, browser, location, connections, any information that the Company may collect through the use of cookies and other tracking technologies.  The collection of data may in most cases be automatic.

 

Cookies” are files that would be placed in your system’s hard drive and are intended to improve your user experience, by enabling the Company to track your usage and preference. These cookies may track your usage of the Lavelle Networks Website, advertisements and links that you visit and other user data. Most cookies the Company uses are limited to a session, which mean they will be automatically deleted when your session closes.  You may decline these cookies by changing your browser settings, if permitted, however do note that this may impact certain features of the Lavelle Networks Website or your user experience in using the Lavelle Networks Website.

 

Advertisements on the Lavelle Networks Website may be posted by third-party advertisers, and such third parties may use cookies and other automatic tracking technologies to collect information about you, including but not limited to web behavioural information and patterns.  The Company does not control nor takes any responsibility for such third parties, their collection and use of information or their tracking technologies or how they may be used.

 

You also may provide information to be published or displayed or posted on the Lavelle Networks Website, or transmitted to other users of the Lavelle Networks Website or third parties. Any such information is posted or transmitted to others at your own risk. Please be aware that the Company cannot control the actions of other users of the Lavelle Networks Website with whom you may choose to share information with.

 

Use Of Your Information

 

The information that we collect on the Lavelle Networks Website will be used for the purposes of operating the Lavelle Networks Website, facilitating your use of the Lavelle Networks Website or for other business purposes of the Company. The information including any user Information will be made available to other users of the Lavelle Networks Website at the Company’s discretion.

 

Except as otherwise provided herein, no Personally Identifiable Information will be disclosed or shared with any third party without your express consent.

 

Please do not include any personal information, Personally Identifiable Information or Sensitive Personal Information unless specifically requested by the Company as part of the registration or other applicable processes. If the Company determines that any information you have provided or uploaded violates the terms of this Policy, the Company has the right, in its absolute discretion, to delete or destroy such information without incurring any liability to you.

 

You agree that your personal information may be used to contact you and deliver information or targeted advertisements including but not limited to sending SMS or any communication through electronic medium on the various products and services offered by the Company, administrative notices and any other communication relevant to your use of the Lavelle Networks Website.  If You do not wish to receive these communications, you can at any time change your profile settings.

 

Disclosure of Your information

 

The user Information you provide on the Lavelle Networks Website may be disclosed by the Company to the other users on the Lavelle Networks Website, the Company’s agents, employees, third party advertisers, subsidiaries and affiliates, or to other third party service providers of the Company who require the information for the purposes of operating and maintaining the Lavelle Networks Website.

The Company will comply with requests and directions of all governmental, law enforcement or regulatory authorities, which it believes in good faith to be in accordance with any applicable law. Such compliance may include providing user Information, Personally Identifiable Information or any other information to such agency or authority.  By providing any information on the Lavelle Networks Website, you consent to the Company providing such information to any governmental, law enforcement or regulatory authorities who exercise jurisdiction over the Company and the Lavelle Networks Website.

Data Security

 

The information that you provide, subject to disclosure in accordance with this Policy shall be maintained in a safe and secure manner.

As a user of the Lavelle Networks Website, you have the responsibility to ensure data security. You should use the Lavelle Networks Website in a responsible manner. Do not share your username or password with any person. You are solely responsible for all acts done under the username you are registered under.

Given the nature of internet transactions, the Company does not take any responsibility for the transmission of information including user Information to the Lavelle Networks Website. Any transmission of user Information on the internet is done at your risk. The Company does not take any responsibility for you or any third party circumventing the privacy settings or security measures contained on the Lavelle Networks Website.

While the Company will use all reasonable efforts to ensure that your user Information and other information submitted by you is safe and secure, it offers no representation, warranties or other assurances that the security measures are adequate, safe, fool proof or impenetrable.

Accessing And Updating Your Information

 

You may change, alter of otherwise modify or update your user Information at any time by accessing the Lavelle Networks Website using your registered username and accessing your user account.

You may also change and/or delete any of the Information you have submitted. Do note however, the Company reserves the rights to save any usage information and you are not entitled to seek the deletion of the same.

The Company at its sole discretion may permit or deny the change of any information, if it believes the same is required for compliance with applicable laws.

Age Restrictions

 

The Lavelle Networks Website is only intended for users who are of 18 years of age or older and otherwise competent to enter into binding contracts. If you are not of the requisite age or otherwise unable to enter into binding contracts, you are not to provide any user Information or other information. If it comes to the Company’s attention that any user Information or information pertains to an individual under the age of 18 years or otherwise not eligible to enter into binding contracts, such user Information or information will be deleted without notice to you.

 

Limitation of Liability

 

The aggregate liability of the Company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with this Privacy Policy, your access and use of the Lavelle Networks Website and its contents and functionalities shall not exceed Rs. 1000/- (INR Rupees One Thousand only).  In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

 

Amendments to the Privacy policy

 

This Privacy Policy is subject to change at the Company’s sole discretion. Any changes to this Privacy Policy will be notified by a notice on the home page.

 

Governing Law

The Privacy Policy is governed by the laws of India (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bangalore, Karnataka, India for all disputes arising out of or relating to the Terms of Use. Subject to the foregoing, all disputes arising out of or in connection with this Terms of Use shall be settled in accordance with the rules of Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The seat and venue of arbitration shall be Bengaluru and the language for arbitration shall be English.

 

Terms of Use

 

This Policy shall form a part of the terms of use.

 

Data Protection Contacts

If you have any questions, comments, complaints or suggestions in relation to this Policy, or any other concerns about the way in which we process information about you, please contact our Grievance Redressal Officer at [email protected] We shall endeavour to address all requests/complaints will be within thirty (30) days from the date of such a request/complaint being made.

 

This Policy has been last updated on 28/5/2019.