Lookup is an Application (“Lookup”) by the Company that provides a platform enabling users who access or use Lookup to order goods or services from merchants or service providers (the “Third Parties”) and to procure and receive delivery of such goods from a designated delivery partner (the “DP”). We are only an intermediary between you, the Third Parties and the DP.
These ToU apply to: (i) all visitors and users of our Site; and (ii) all users of, our Service. All references to “You” or “you” include: (i) visitors and users of our Site, (ii) the Customers of our Service; and (iii) the authorized individuals that are using the Account, and Service, on behalf of our Customers.
Unless the Site and Service are separately referred to in these Terms, all references herein to the “Services” shall include both the Site and the Service.
a. “Lookup Services” includes the following intermediary services provided by us:
b. “Lookup,” “we”, “us” or “our” means Hatchery Software Pvt. Ltd.; Lookup.
2. Acceptance of Agreement.
a. By visiting our site, downloading, accessing or using Lookup, you accept and agree to be bound by and comply with these ToU including any modifications from time to time without prior notice to you. These ToU constitute a legal contract between you and the Company. You must be at least 18 years of age to use or access Lookup.
b. The Company reserves the right to deny Lookup Services to you without assigning any reason.
a. In order to use the Service, you must create an Account. If you create an account then you represent and warrant that you have the capacity and authority to enter into this contract and abide by these ToU. We have relied on your promise and may deny or suspend or cancel Lookup Services if you have: (i) Impersonated any person, (ii) Made false statements, or (iii) Violated these ToU.
b. We reserve the right in our sole discretion to refuse to approve the creation of the Account.
7. Cancellation of Orders.
We will not be responsible for wrong, partial delivery or delayed delivery. You understand that all warranties, guarantees and quality associated with the products and services are subject to the policies of the Third Party. The issue has to be settled directly with the Third Party. In the above instances you may cancel your order within 1 hour of order delivery. Beyond this period, we don’t accept any cancellations.
8. Returns and Refunds.
9. Promotions and Offers.
The security of your personally identifiable information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
11. Intellectual Property Rights.
The Lookup Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Lookup Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lookup and its licensors. The logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music and all Intellectual Property Rights related thereto of the respective Third Parties are subject to such Third parties’ IP right declarations. Except as explicitly provided herein, nothing in this ToU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lookup Content. Use of the Lookup Content for any purpose not expressly permitted by this ToU is strictly prohibited.
Lookup Services is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, We, Our subsidiaries, Our affiliates, and Our licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; that any requests will be met satisfactorily or at all; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
We do not guarantee the suitability, safety, or ability of any Third party or DP, nor that any such Third Party or DP will meet your requirements or expectations. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through Lookup. Each Third Party remains responsible at all times for the accuracy, completeness and correctness of the information displayed on Lookup. Lookup does not constitute and should not be regarded as an endorsement or recommendation of the quality, service level, qualification or rating of any Third Party.
13. Your Representations.
You represent to us that:
a. You will use our Services for your personal, non-commercial use alone and that you will not resell, deep-link, use, copy, monitor, display, analyze, store, download, reproduce or in any way, transmit content or information, software, products or services available on Lookup for any commercial or competitive activity or purpose.
b. You will use our Services for lawful purposes.
14. Limitations of Liability.
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Our service. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of requests or content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Lookup Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Lookup Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Lookup Services by any Third Party; (vi) any errors or omissions in any requests or content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Lookup Services, under any legal theory including, contract or promissory estoppel or equity; (vii) the defamatory, offensive, or illegal conduct of any Third Party; and/or (viii) any transaction or relationship between you and any Third Party.
15. Term and Termination.
These ToU are effective until terminated by Lookup or you. We, in our sole discretion, have the right to terminate these Terms and/or discontinue your access to the Site and/or Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). We shall not be liable to you or any third party for termination of the Site or Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these ToU, you shall cease all use of the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction or notification to you.
The Company does not warrant, insure, guarantee or recommend any of the Third Parties and/or DPs. Disputes about your order should be resolved with Third Parties and/or DP directly. We may, however, in our discretion attempt to resolve any dispute between you and/or Third Party or DP merely to achieve our motto of user satisfaction.
You agree to indemnify, defend and hold the Company, its successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of Terms by you, or due to your activities related to the Lookup Services, or violation of terms of Third Party or the DPs.
19. Governing Law.
These ToU are governed by, construed and enforced in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore.
20. Force majeure.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of the Lookup Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
21. Entire Agreement.
We may revise these ToU from time to time, the most current version will always be available. If the revision, in our sole discretion, is material we will notify you via an update to the email associated with your account. By continuing to access or use Lookup Services after those revisions become effective, you agree to be bound by the revised ToU.
Effective: March 1, 2016
At Lookup, we commit ourselves to protect your privacy and also strive to be transparent in all matters regarding the information which is gathered/collected in any way at Lookup.
WHAT INFORMATION DO WE COLLECT ?
In order to provide you with our Services, we collect certain information from you when you register and interact with our Services. The information we gather falls into two categories: information you actively provide (for instance when you create a Lookup account), and information we collect through your use of our Services.
Information You Provide
Information Others Share About You.
We may receive information about you from other users, such as when they connect their address book to our Services, invite you to use our Services, post a photo of you, or include you in a moment or at a location.
Information We Receive From Your Use of Our Services.
HOW DO WE USE THE INFORMATION WE COLLECT ?
We use this information for the purposes described below:
WHAT INFORMATION DO WE SHARE ?
We will not share the information we have collected from you except as described below:
Service Providers and Other Third Parties.
We will share your information with service providers and other third parties who are working with us to perform functions and process user data on our behalf. Service providers have access to your personal information only to perform services on our behalf and are obligated not to disclose it or use it for any other purposes). Some of these service providers and other third parties, such as analytics providers, may collect information about your online activities over time and across different websites or online services when you use our services. We are not responsible for the actions of third parties, nor are we responsible for any additional information you provide directly to any third parties.
Other Sharing. We will also share your information:
ACCESSING AND MODIFYING YOUR PERSONAL INFORMATION
You can access and modify certain profile information or delete content you have posted through our Services. You can either temporarily disable or permanently delete your account through our Services.
We provide you with settings that allow you to adjust your sharing preferences, including the automatic sharing of your location with others. Please carefully use our Services and review your account settings.
Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from Lookup, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
If you use Lookup, we may provide your personal information such as name, telephone number, or address to a business in order to facilitate your request, such as making a reservation or appointment. The messages you send using Lookup may be included in the sample messages and, if they are, will be viewable by other Lookup users. However, Lookup will only display the content of the messages and not any associated account or other identifiable information.
Users should not provide any payment or other sensitive personal information when using Lookup.
OUR POLICY TOWARDS CHILDREN
Our Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information of a child under 13, we will delete such information.
WHAT STEPS DO WE TAKE TO PROTECT YOUR PERSONAL INFORMATION ?
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.
CHANGES TO THIS POLICY
Effective Date: November 3, 2014