Livpure Private Limited ("Livpure") is a company registered under the Companies Act, 1956. This website ("Website") has been set up, and is operated and maintained by Livpure to act as an electronic marketplace and an intermediary that provides an electronic venue for sale of goods and services ("Products") by third party Vendors to the end customers. Livpure may from time to time, also sell Products to end customers as a Vendor on this Website.
The terms "We" / "Us" / "Our" used in this Policy refer to Livpure and the terms "You"/ "Your"/ "Yourself" in this Policy refers to the users of the Website"Users" i.e.
- Third party Vendors of Products on the Website;
- Buyers of Products on the Website; or
- All persons who visit or access this Website, or avail any of its functionalities or use any data or information available on the Website in any manner.
The Website is an online platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers/ customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to undertake commerce on the Website, and (d) such other services as are incidental and ancillary thereto.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the website and shall not transact on or use the website. As a minor if You wish to use or transact on website, such use or transaction may be made by Your legal guardian or parents on the Website. Livpure reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Livpure's notice or if it is discovered that You are under the age of 18 years.
User Account, Password And Security
Charges And Payment Related Information
Livpure may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Livpure will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Livpure 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 account of You having exceeded the preset limit mutually agreed by Livpure with its bank from time to time.
Livpure shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products as delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Livpure and sellers.
Use of The Website
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right ;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; 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;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen Products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
(ii) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Livpure, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Livpure or sellers on platform or otherwise tarnish or dilute any Livpure’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Livpure’s systems or networks, or any systems or networks connected to Livpure.
(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(vii) You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(ix) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of Products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
(xiii) It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
(xv) Livpure shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code (not including any content posted by any User or any Third Party Content) on the Website (collectively, "the Content") is owned and controlled by Livpure or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. No rights impliedly or expressly granted to You in respect of such Content through use of this Website. Livpure reserves the right to change or modify the Content from time to time at its sole discretion.
The trademark, logos and service marks displayed on the Website ("Marks") are the property of Livpure or their Vendors/Sellers or respective third parties. You are not permitted to use the Marks without the prior consent of Livpure, the Vendor/Seller or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Livpure owns all intellectual property rights to and into the trademark "Livpure", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Livpure or third party owner of such Content.
Third Party Content
General third party information such as, Product catalogues, Product description and specification, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). All Third Party Content is provided on an ’As Is' basis. Livpure may not own/ have the rights and tile to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Livpure shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
Disclaimer of Liability
Livpure does not warrant that:
- This Website will be constantly available, or available at all times; or
- The information on this Website is complete, true, accurate or non-misleading.
All the materials and Products (including but not limited to software) offered by the sellers thereof through this Website are provided on "as is" basis and Livpure is not responsible for any defect or deficiency in quality or performance of the Products made available on the website.
Livpure will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Livpure does not warrant that this site; information, Content, materials, Product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use Your personal information to initiate any promotional phone calls or SMS.
Limitation of Liability
Governing Law and Jurisdiction
Livpure does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
In compliance with Information Technology Act, 2000 and rules made thereunder, if You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information, You may please contact Head Legal at firstname.lastname@example.org
Livpure prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
If a feedback, comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contains any profanity, please submit a request for action / removal of the same.
Livpure will consider the circumstances of an alleged policy violation and the User's trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension
Disputes Between Buyer and Seller
In case of a dispute where the Seller is unable to provide a refund or a replacement, Livpure will proactively aid the parties towards reaching a resolution.
The Buyer can write to Livpure at Customercare@livpure.in if any issue with the Seller is not resolved to the satisfaction of the Buyer. Livpure's Customer Support team will look into the case and facilitate reaching a resolution.
This Agreement shall continue to apply until terminated by either You or Livpure as set forth below.
If You want to terminate Your agreement with Livpure, You may do so (i) by not accessing the Website; or (ii) closing Your Account on the Website, where Livpure has made this option available to You.
- Livpure is required to do so by law or upon request by law enforcement or other government agencies;
- The provision of the services to You by Livpure is in Livpure's opinion, no longer commercially viable;
- Livpure has elected to discontinue, with or without reason, access to the Website or any services provided through the Website;
- In the event Livpure faces any expected technical issues or problems that prevent the Website from working.
You agree that all terminations shall be made in Livpure's sole discretion and that Livpure shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website or any services provided through the Website.
Feedack and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Livpure shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Livpure is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Livpure may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Livpure for the feedback under any circumstances.
To clarify, Livpure may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, Livpure shall not be obliged to do so. Further, in the event that Livpure makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Livpure, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.
General Severability: If any provision of this Agreement is invalid, unenforceable or prohibited by law, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative, and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein. Livpure will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.
Waiver: No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
Principal To Principal Relationship:You and Livpure are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.