Wednesday Jan 27, 2021
Wednesday Jan 27, 2021
TERMS AND CONDITIONS
Lifekochi.com is an online digital Platform providing information and advertising Services in the fields of real estate and property market; beauty, health and wellness; fashion and textiles; food and accommodation; job vacancies; education; hyper local news, automotive, home appliances, household Services etc. Lifekochi.com is also an online market place that connects and/or facilitates the connection of people with requirements for various kinds of Service with providers of such services. It also acts as an avenue to allow its Users who comply with these Terms to offer and avail Services listed on the Platform.
When You use any of Our Services through Our platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.
If You do not accept or agree with any of these Terms provided hereunder, or do not wish to be bound by the following Terms, You may not access, browse or use Our services and may immediately terminate using such services. Any complaints or grievances regarding the content or use of this website, may be sent to Us via post or by sending an email to email@example.com.
The term "User" is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees. Wherever the context so requires, the terms "User", “You”, “Your” or “Yourself” shall mean any natural or legal person who accesses or avails this Website for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website of the Company.
The “date of commencement” is the date indicating the acceptance of the application by the User to the service. The above date shall be specified by the Company in its notice to the User either through e-mail or conventional mail.
The “date of termination” shall denote the date of expiry mentioned in the notice or/and the Letter of Termination.
The term “my subscriptions” shall include the information and description of the Services received by the User from the Company from time to time, in writing or as provided under the Website of the Company, lifekochi.com
The term “Registration Data” shall denote the database of all the particulars and information supplied by the User during initial application and subscription of the Company’s Website, lifekochi.com, including but without limiting to the User's name, telephone number, mailing address, account and email address. Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words denoting persons includes individuals, bodies corporate and unincorporated.
The User hereby represents and warrants to the Company that he/she is at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms. While individuals under the age of 18 may utilize the Service of the Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. User agrees to register prior to uploading any content and / or comment and availing any other use or Services of this Site and to provide accurate details including but not limited to complete name, age, email address, residential address, and contact number.
3. Online Marketplace – Platform for communication
The Website is a Platform that Users utilize to meet and interact with one another for their transactions. Lifekochi.com/Adams Life Solutions (P) Ltd is not and cannot be a party to or control in any manner any transaction between the Website's Users.
3. Use of information
The Site receives information voluntarily from anyone who uses its Services. We ask for some basic details from User including but not limited to their name, phone number, and email address. Furthermore, like many online services, We use information technologies to collect information that enable all Our Users to take full advantage of Our Services. This includes utilities like “User Search Preferences”, “Interaction with Ads” on Our Services and location. This is done to put You in touch with the right resources to sell, buy, rent properties and to optimize the information, We share with those parties to initiate a productive, sustainable and efficient relationship.
The User irrevocably authorizes and hereby agrees that the Company has the right to:
4. Obligations of User
5. Prohibited actions
6. Listings / Advertisements
User agrees not to submit any descriptions, photographs, financial, contact or other information to this Website unless the User submitting such a Listing/Advertisement has acquired all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the listing/information/Services on this Website. Similarly, this Website does not take any ownership, directly or indirectly with respect to banners hosted on its Website by its customers, which are strictly in the nature of sale of space by this Website. Company will not and has not carried out any independent verification of the authenticity or compliance requirements of such images/ banners/ listings, as may have been required under any law for the time being in force. In case a User is covered under the RERDA, it shall have to ensure adherence of all compliances necessary therein, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information as required by LMA and in respect of his/her registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition, shall also furnish a brief background of such property in respect of its title, ownership and possession. The Company may also require its User to support his/her claims with respect to the status of the property with such documents as may be specified by the Company from time to time.
The Company shall place the information relating to the advertisement/listings at defined sections of this Website or such other mirror or parallel Site(s). The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the advertisements/listings posted on the User's Website or on this Website without notice. The Company accepts and assumes no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to this Website.
Users, who are transacting through this Website, must verify details in the advertisements/listings on their own. User hereby assumes all risk of harm or injury resulting from any such lack of compliance.
7. Disclaimer and Warranties
The content of lifekochi.com is provided "as is" and on an "as available" basis, without warranties or representations of any kind, either express or implied.
Lifekochi.com as an intermediary does not initiate the transmission, select the receiver of the transmission or select/modify the information contained in the transmission. We do not indemnify any third party content or services. The Company does not act as an agent for the User or third party, but as an intermediary venue. No act of the Company or third party shall be assumed to be an establishment of an implied relationship of agency.
Lifekochi.com and any third party providing materials, Services or content to this Website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of lifekochi.com.
Lifekochi.com only shares the information that it believes to be true or communicates the information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, Users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on Our platforms, we have no control over content, the accuracy of such content, integrity or quality of such content and the information available on Our pages. The materials posted on our Platform may include without limitation, any technical inaccuracies or typographical errors, and We make no guarantees, nor do We undertake to be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, We are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including without limitation due to any errors or omissions in any content, access and/or use of the content on Our platform or content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All and any information or data on products and promotions including but not limited to, the prices and the availability of any product or Service or any feature thereof, available on Our Website is subject to change without notice, by the party providing such product or promotion. User hereby undertakes to use his/her discretion while using Our platforms.
All views expressed by the Users on Our Platform are of their own and lifekochi.com does not endorse such views and shall not be responsible for them. No claim is made by the Site owner as to the accuracy and correctness of the information available on its Website, although every attempt to ensure that the content is not misleading/ offensive/ inappropriate shall be taken by the Site owner. In case any inaccuracy or improper content is sighted on the Website, the User is requested to report the same to the Site owner.
Links to any external Internet Sites may be provided within the content on Website or other Platforms as a convenience to Users. The User accepts that any such listing of an external Site does not imply the endorsement of such Site by Lifekochi.com or its affiliates. Lifekochi.com does not make any representations regarding the availability and performance of its Platforms or any of the external Websites to which We provide links. The User agrees that clicking on any advertisement banners, sponsor links, or other external links available on Our Platform may automatically re-direct the User to a new browser window that is not hosted or controlled by Lifekochi.com.
Lifekochi.com and its affiliates are not responsible for the content, functionality, authenticity or technological safety of such external Sites. We reserve the right to disable links to or from third-party Sites to any of Our platforms, although We are under no obligation to do so. This right to disable links includes links to or from Our advertisers, sponsors, and content partners that may or may not use Our marks as part of a co-branding relationship.
Any value estimates provided on our Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publically available information which may be inaccurate or incomplete, and are based on typical factors of certain locations. Such estimates may not take account of any factors which are unknown to Us and should only be used as a general estimate. None of the information available on Our website is intended to be a substitute for independent professional advice and Users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors, if it is relevant to their particular circumstances. We shall not be liable for any losses suffered by any User as a result of relying on Our value estimates.
If there is any dispute between the Users on this Site, it is agreed upon by the Users that Company has no obligation whatsoever to be involved in any such dispute(s). In the event that the User has a dispute with one or more User(s), the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or Our Service against the Company or/and its officers or/and employees or/and agents or/and successors.
In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Lifekochi.com does not take any responsibility or liability, whatsoever, for the actions, products, content and Services on its Website and / or Mobile App, if any, which are linked to partnering affiliates and / or third party Websites using Application Program Interfaces (APIs) or otherwise. Lifekochi.com will not be liable for damages of any kind, whatsoever, arising out of or relating to the use or the inability to use its Website and / or Mobile App, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. The User hereby agrees to, at all times, defend, indemnify, protect, save, and hold harmless, lifekochi.com and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from his/her use of any material or his/her breach of these Terms and conditions or any applicable
Lifekochi.com does not facilitate or participate in any manner in the process of selling, buying, renting etc. of properties, and it is not responsible for any dealing, negotiations, transactions, etc. whatsoever, between the parties connected through Our Services, including and not limited to any quality assurance, guarantee, claim etc. given by one party to another in any transaction. Lifekochi.com will not be a party to any legal proceedings between the parties contracted through these Services. In case lifekochi.com is sought to be implicated in any legal proceedings, all costs will be payable by the party who impleads it in such a legal proceeding and upon failure to pay the same, such costs incurred shall be recovered from the party that names lifekochi.com as a party to such proceedings.
The User shall conduct his/her/its own due diligence, checks and establish authenticity of any property, or project, its title, built up area, suitability for buying / renting in a form and manner deemed appropriate at his or her cost.
8. Limitation of Liability
The Website “lifekochi.com” has been prepared solely for the purpose of providing information and advertising Services regarding various sectors such as real estate and property market; beauty, health and wellness; fashion and textiles; food and accommodation; job vacancies; education; hyper local news, automotive, home appliances, household Services etc. The Website has been prepared in good faith by the Company. Lifekochi.com will not be liable for damages of any kind arising out of, or relating to the use or the inability to use of its Website, content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Lifekochi.com shall also not be responsible for any problems or technical malfunction caused to systems, servers or providers, computer equipment, software, failure of e-mails or the like of its User, on account of any technical problem or traffic congestion on the Internet or due to its Website or due a combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the Website.
LIFEKOCHI MOBILE APP /LIFEKOCHI.COM/Adams Life Solutions (P) ltd SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR OTHER INTANGIBLE LOSSES, WHICH MAY ARISE OR ARE ARISING FROM THE USE OF THIS LIFEKOCHI.IN PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
The website Owner does not invite, offer, recommend and/or endorse any of the information regarding any of its Services including but not limited to, the credibility of the news available on its Website, the title of the owner of any property, the rates charged by the persons providing services, amenities provided or quality of the Services performed by any other User, etc., nor has the Site Owner taken any steps to confirm the accuracy, completeness or reliability of, any information, content or materials contained on this Website (including any news) or on any other third-party Website. The User agrees and accepts that the information available on the Website may be outdated, incomplete or may contain errors. Lifekochi.com makes makes no commitment, and disclaims any duty, to update any of the dated information that is available on this Website. User understands, acknowledges and agree that he/she is assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of the content and any and all features and functions of this Website.
The Site Owner does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) the User might be requested to give to any third party. The User hereby irrevocably waives any claims against the Site Owner with respect to information, content and materials contained on the Websites (including, without limitation, User-Generated Content), on third party Websites, and any information, content and materials Users provide to such third party Websites (including, without limitation, credit card and other personal information). The Site Owner strongly encourages the Users to make whatever investigation the User feels necessary or appropriate before proceeding with any online or offline transaction with any third party. Users are also strongly advised to independently verify the authenticity of any offers received by them. The Site Owner does not endorse investment in any of the projects and User's investments shall be entirely at the risk and responsibility such User.
The User (the “Indemnifier”) hereby undertakes to release and indemnify the Company (the “Indemnified”) from any third party lawsuit or proceedings brought against the Company due to any claim arising from the fact that the content posted by the User on the website and/or User features infringes any copyright, trade secret or trademark of such third party. The Indemnifier also agrees to indemnify the Company from any third party lawsuits initiated against it for use of any User Content, provided that such use complies with the requirements of the Agreement. The Company shall also be indemnified from any lawsuits arising out of the User's use of the Services in any manner inconsistent with or in breach of the Agreement and from any claim alleging facts that would constitute a breach of User's representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice, at its own expense subject to the approval of the Company. The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from his/her use of lifekochi.com or his/her breach of the Terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnified.
The User hereby agrees to defend, indemnify, and hold harmless, lifekochi.com and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners, interns and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from his/her use of the Services provided by lifekochi.com or resulting from the User’s breach of these Terms and conditions or any applicable law.
10. Third party links
The content of other Websites, services, goods or advertisements that may be linked to Our website is not maintained or controlled by us. We are therefore not responsible for the availability, content or accuracy or privacy practices of other Websites, Services or goods that may be linked to, or advertised on Our Website.
Where this Site contains hyperlinks to Websites operated by third parties these linked Websites are not under the control of the Company and the Company is not responsible for the contents of any linked Website. The Company provides these hyperlinks to You for convenience only and the inclusion of any link does not imply any endorsement of the linked Website. You agree to proceed to any third party links or to any such websites entirely at Your own risk.
The Company does not:
The Company accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or Services contained on or accessed through any linked Website.
The User agrees that the website may also contain third party advertisements which contain embedded hyperlinks to Websites operated by such third parties. All such third party advertisings are paid for by the relevant third party advertiser. The User may visit such third party advertisers’ content by clicking on the link provided by such third party advertisers. The User agrees and accepts that all and any such advertisements are not recommendations or endorsements made by the Company or its affiliate(s) and only such third party advertisers shall be responsible for any representations or offers made by it and for the delivery of their respective goods or Services promised therein.
The right to amend vary or change the Terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User. This Agreement will be periodically updated and the Terms and Conditions herein may be changed from time to time and posted on lifekochi.com. The User should visit the Site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended Terms and conditions.
12. Account Termination
The Company may however, notwithstanding the above clauses (1) and (2), terminate this Agreement with immediate effect, with or without prior notice to the User, and/or without assigning any reason/s whatsoever to such termination:
The Site Owner reserves the right to deny any User, at its sole discretion, access to this Website or any portion thereof without notice.
13. Violation of Terms & Conditions
In the event of violation of any of these Terms, the Company in its sole discretion may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its Site, or/and cancellation of a User’s account, and/or the exclusion of any person(s) who may have violated any Terms & Conditions hereto. Company can also pursue violators with claim that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. of the land. Lifekochi.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Company believes in its sole discretion that any advertisement or/and Services may create liability for Company, Company may take any actions that it believes to be prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In addition to the above, Company reserves the right to refuse Service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
The failure of Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
15. Notice and Procedure for making claims of Copyright Infringement
Lifekochi.com/Company respects the intellectual property of others and asks Users of this Website to do the same. Lifekochi.com/Company has a policy of terminating repeat infringers’ access to its Websites and Services in appropriate circumstances. If You are a copyright owner or an agent of any content available on the Website of Lifekochi.com and/or believe that any content on this Website infringes upon Your copyrights, You may notify Us of such infringement on the following postal/email address firstname.lastname@example.org along with the following information in writing:
16. Dispute Resolution and Arbitration
If any dispute arises between a User/Users and the Company arising out of use of this Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified and appointed by the Company. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Ernakulam. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
17. Governing Law
By accessing this Website, You agree that the laws prevailing in India shall be the governing laws in all matters relating to this Website as well as these Terms and conditions.
By accessing this Website, You fully agree and accept that only the courts in Ernakulam, Kerala, India shall have the exclusive jurisdiction in all matters relating to this Website and these Terms and conditions, irrespective of the territory and jurisdiction in which You have accessed this Website.
The Company does not routinely monitor the postings of its Users to this website but reserves the right to do so. However, if the Company becomes aware of an inappropriate use of this Website or any of the inappropriate services offered on it, the Company will respond in any way that, in its sole discretion, the Company deems appropriate. You acknowledge that the Company will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. The Company shall co-operate fully with such law enforcement agencies, when requested, in any investigation of alleged illegal activity conducted on its Platform.