Lookup Biz is an Application (“Lookup”) by the Company that provides a platform enabling users (“Customers”) who access or use Lookup to order goods or services from merchants or service providers (“Businesses”) and to procure and receive delivery of such goods from a designated delivery partner (the “DP”). We are only an intermediary between the users, you and the DP.
These ToU apply to: (i) all visitors and users of our Site; and (ii) all merchants or service providers who sign up with our Service. All references to “You” or “you” include: (i) visitors and users of our Site, and (ii) the merchants or service providers who sign up with our Service and (iii) the authorized individuals that are using the Account, and Service, on behalf of you.
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. “Business” means a merchant or service provider who has created an Account for use of the service, and has completed the registration process with Lookup, as well as the individuals authorized to use the Account or Service on the Business’s behalf.
c. “Lookup,” “we”, “us” or “our” means Hatchery Software Pvt. Ltd.; Lookup.
d. “Dispute” means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Lookup including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship, Lookup advertising, and any use of Lookup software or services. “Dispute” also includes any claims that arose before these ToU and that may arise after termination of these ToU.
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. While any person can access the Site, this Service is only intended for use by businesses, companies and organizations (each a “Business”). The Service is not intended for use by individuals in their personal capacity. An individual may only apply to use, and use, the Service on behalf, and with the authorization, of a Business.
b. Indian Business Only. The Service is currently only provided for Businesses in India. If your Business is not located in India then please do not create a Lookup Biz App account.
a. In order to use the Service, a Business must create an account (“Account”). You may only create an Account if you do so on behalf of a Business. If you create an Account on behalf of a Business then you represent and warrant that you are over the age of 18 years and have full authority to: (i) bind said Business to these Terms (if it has not already done so); and (ii) use the Service on behalf of the Business that you are registering a Service account for. If you do not have the foregoing authority you must not create an Account or apply to use, or access or use, the Service on behalf of the Business.
b. Businesses must not allow anyone other than its authorized employees or agents acting on its behalf (“Authorized User“) to access and use its Account. You acknowledges and agree: (i) to provide accurate and complete Account and login information when creating an Account; (ii) to keep, and ensure that Authorized Users keep, all Account login details and passwords secure at all times; (iii) that Business remains solely responsible and liable for the activity that occurs in connection with Business’s Account, and (iv) to promptly notify Lookup in writing if Business becomes aware of any unauthorized access or use of its Account or the Service.
c. You agree not to use a Business’s account without its express permission and authorization to do so.
d. 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.
e. We reserve the right in our sole discretion to refuse to approve the creation of the Account.
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.
6. Intellectual Property Rights.
a. Content and Marks. The: (i) text, documents, articles, blogs, descriptions, graphics, photos, sounds, videos and interactive features on the Site and Service (collectively, the “Materials“), (ii) Site and Service products, services and software (collectively, the “Software“, and together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of Lookup and our affiliates and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The Content does not include your Data. Lookup, the Lookup logo, “Ab chat se karo kuch kaam ki baat”, and other marks are Marks of Lookup or our affiliates. All other trademarks, service marks, and logos used on the Site and Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
b. Use of Content. The Content on the Services is provided to you on an ‘as is’ and ‘as available’ basis. The Content on the Service is for your use of the Service only, and the Content on the Site is for your informational and personal use only. The Content may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein. If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein.
7. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Services, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Lookup, its users or the public.
9. Fees & Payment.
Businesses approved for the Premium Account will be required to pay certain fees.
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.
11. 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.
12. 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 ToU). 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 ToU, 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.
13. Independent Contractors.
You and Lookup are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Lookup. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Lookup.
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.
You agree to defend, indemnify and hold harmless Lookup and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; and (iii) your transmission of Sensitive Data to Lookup.
16. Governing Law and Dispute Resolution.
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.
17. 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.
18. 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