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TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is a legally binding agreement between a Seller (as defined below) or a Buyer (as defined below), as the case may be (acting by itself or through its representatives) (collectively referred to as “you”, “your”, “User” hereinafter) who access or use or transact on the Platform and avail Service for a commercial purpose only and the Lonca Corp. (referred to as “we”, “our” or “Lonca” hereinafter). you acknowledge and agree that the Platform is a business to business (B2B) platform and provides services to business entities only.

This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. By accessing, browsing, or otherwise using the Platform or using the Services, including following the posting of changes, User agrees to accept and be bound by the Terms (as may be amended from time to time). It is your responsibility to review these Terms periodically for any updates / changes. Please do not use the Services or access the Platform if you do not accept the Terms or are unable to be bound by the Terms.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR Lonca. By implicitly or expressly accepting these Terms, you also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to, Privacy Policy), as may be amended, updated and modified from time to time.

Additional terms and conditions may apply to you in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. you agree to abide by such other terms and conditions, including, where applicable, representing that you have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service.

Interpretations: 

The following rules will apply to these Terms and Conditions unless the context requires otherwise or unless it is expressly stated otherwise: 

  • Any references to “clauses” in this document refer to clauses stated within these Terms and Conditions; 

  • The singular includes the plural and conversely; 

  • “Buyer” means a User who places an order for purchase of Products and/or services on the Platform.

  • “GST” means the goods and service tax as levied under the Central Goods and Services Tax Act and Rules (CGST), Integrated Goods and Services Tax Act and Rules (IGST), State Goods  and  Services  Tax  Acts  and  Rules  (SGST)  levied  by  the  States,  Union Territory  Goods  and  Services  Tax  Act  and  Rules  (UTGST)  levied  by  the  Union Territories, and all allied cesses, duties and taxes.

  • “Personal Information” means any information that  relates  to  a  natural  person which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such a person.

  • “Platform” means the technological applications, through which the Products are made available for sale, including but not limited to the website/mobile site (www.Lonca.co), any mobile applications where the Products are made available for sale to provide access to the Platform.

  • “Privacy Policy” shall mean the privacy policy applicable on the Platform

  • “Products” shall mean the products made available for sale on the Platform.

  • “Contract” means the specific terms of trade including but not limited to the commercial terms agreed between the Seller and Lonca.

  • “Seller” means a person/entity who lists its Products for sale on the Platform.  

  • “Seller ID” shall have the meaning ascribed as defined below.

  • “Terms of Sale” shall mean the terms and conditions of sale  executed  between  the Buyer or the Seller (as applicable) and Lonca;

  • “Third-Party Content” shall have the meaning ascribed to it as defined below

  • “Transaction” means the process of placing an order for the Products or availing any services on the Platform; and

  • “User Submitted Data” means content including user’s data or information including Product rating, comments,  Product reviews,  comments, questions or other information and includes any material that is generated, as a whole or  in  part,  on  the Platform.

  • GENERAL TERMS

  • If  you  transact  on  the Platform,  you shall  be  subject  to  the  Agreements  /  that  are applicable  to  the Platform for  such Transaction. By  using  the Platform,  you  shall  be contracting  with  Lonca,  and  these  Terms  of  Use  including the Agreements constitute your binding obligations, with Lonca.

  • Lonca owns  and manages  the Platform,  which  is  an  electronic medium  to  enable  the  display  and  sale  of various Products,  and  incidental  services thereto.

  • The Platform provides a medium for the Sellers to advertise, exhibit, make available and offer to sell various Products to the Buyers and to enable payments by the Buyers to the Sellers, and ancillary services including packaging, quality control and management of logistics.


  • USAGE

  • Subject  to  these  Terms  of  Use, Lonca provides  the services solely for your  own  use,  and  not  for  the  use  or  benefit  of  any  third  party.  Services  shall include, but not be limited to, any services Lonca performs for you, as  well  as  the  offering  of  any  products on  the Platform.


  • REGISTRATION

  • To effectively place an order with Lonca, you must be at least 18 years of age.

  • In   order   to   use   the Platform, you   are   required   to   register   with Lonca and  represent that you provide Lonca with  accurate,  and complete   registration   information   (including, but not limited to your name, location, and contact details).

  • On successful registration  on  the  Platform,  Lonca  will generate a unique identification (“Buyer ID” or “Seller ID” as applicable) which will be used to uniquely identify each Buyer and Seller on the Platform.

  • Lonca reserves  the  right  to  refuse  registration  of, or  cancel  a Username at its sole discretion.

  • You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password.

  • You  are  solely  responsible  for  ensuring  that  these  Terms  of  Use  are  in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms of Use or use of the Platform is prohibited and, in such circumstances, you agree not to use or access the Platform in any way.


  • Lonca PLATFORM CONTENT

  • Lonca is providing content on the platform either created itself or sourced from its partners  and  such content  is  protected  by  trademarks, copyrights, patents, trade secrets or other proprietary laws as applicable. User agrees to abide  by  and  maintain  all  copyright  notices,  information,  and restrictions contained in all content accessed through the Platform.  

  • Each User  of  the Platform has been granted by Lonca a  worldwide,  non-exclusive and  non-transferable  license to  use  and  reproduce the  content  provided. Use, reproduction or distribution of any content   provided   by   Lonca other  than for personal,  non-commercial  use  is  expressly  prohibited without prior written permission.

  • Content is made available on an as-is basis and without any  representations  or  warranties  whatsoever. Lonca hereby disclaims any implied warranties, including accuracy, relevance, and non-infringement.


  • THIRD-PARTY CONTENT

  • "Third-Party Content" includes, without limitation,  any  content including logos,  images,  videos,  audio  clips, comments,  and graphics generated, or provided, by Lonca on or via the Platform.  

  • All Third-Party Content  on  the Platform is  the  sole  responsibility  of  the  person  who  originated  such  Content. Lonca cannot  guarantee  the  authenticity  of  any Third-Party Content. you acknowledge that all Third-Party Content accessed by you using the Platform is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and Lonca shall have no liability towards you or any other party for any damage or loss resulting from such Third-Party Content.

  • Lonca may monitor any  content  or  information  posted, at its discretion and in accordance with applicable law, and if  determined  that  such  data violates these  Terms  of  Use  or  any applicable law, Lonca may remove  such User Submitted Data from  the Platform.

  • USAGE CONDITIONS

  • You are provided access   to   the Platform on a best-efforts basis. Lonca will make reasonable efforts to ensure you can use the Platform without disruption, interruption or delay.

  • You may  receive  updates,  promotional materials  and  other  information that  Lonca may  send  with  regards  to  the Platform,  or services offered by the platform. You may opt out of receiving any, or all, of these communications by following the unsubscribe link  or instructions  provided  in  any  email.

  • Lonca disclaims  all responsibility  for  any  harm  resulting  from using, viewing, or downloading Third-Party Content.


  • RULES AND CONDUCT  

  • You promise  to  not use the  Platform for  any  purpose  that  is prohibited by these Terms of Use or other Agreements

  • 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 Platform or any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Lonca reserves its right to bar any such activity.

  • You agree to not  take any action or publish any information that infringes  any  patent,  trademark,  trade  secret,  copyright of any other person or entity or violates any law or contractual duty or obligations of confidentiality, or  breaches  the Privacy Policy and/or any  of  the  other policies and rules incorporated herein.


  • THIRD PARTY SITES AND SERVICES

  • When you  access  third  party  websites and/or services through the Platform, you  do  so  at your  own  risk.  These  websites are not under Lonca’s control, and you acknowledge that Lonca is  not  responsible  or  liable  for  the  content,  accuracy, legality or any other aspect of such websites or resources.


  • TERMINATION

  • Lonca may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately, which may  result  in  the  forfeiture  and  destruction  of  all  information  associated  with your membership.

  • If you wish to terminate your account, you may do so by contacting  Lonca at the contact details provided below.  

  • All provisions of these Terms of Use which by their nature should survive termination shall survive termination,  including,  without  limitation,  ownership  provisions,  warranty disclaimers, indemnity and limitations of liability.


  • WARRANTY DISCLAIMER

  • You release Lonca from all liability for having acquired or not acquired content  through  the Platform. Lonca will  not  be  responsible  or  liable  for  the  accuracy,  copyright  compliance,  legality  or decency of material contained in or accessed through the Platform.  

  • Lonca shall not have any liability where the transaction is unable to be completed or does not materialize. In no event shall Lonca be liable   for   any   damages   whatsoever,   whether   direct,   indirect,   general,   special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Platform, including, without limitation, bodily  injury,  emotional  distress,  and  any  damages  resulting  in  any  way  from communications or meetings with Users or persons you may otherwise meet through the Platform.  


  • LIMITATION OF LIABILITY

  • Lonca shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (g) any dispute or claims between the Seller and the Buyer including without limitation relating to the Shipment or Products hereunder.


  • INTELLECTUAL PROPERTY

  • Lonca is the sole owner or lawful licensee of all the rights and interests in the Platform and all content on the platform. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Lonca or licensors of the content on the platform, as the case may be. All rights not otherwise claimed under the Terms or by Lonca are hereby reserved.

  • "Lonca" and any other related icons and logos are trademarks or service marks of Overleap Networks Private Limited. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.


  • INDEMNIFICATION  

  • You  shall  defend,  indemnify,  and  hold  harmless Lonca,  its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, or otherwise from your violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.


  • INFRINGEMENT AND TAKE DOWN POLICY:  

  • Lonca is committed to removing listing or content on the Platform which infringes any intellectual property rights of others. In the  event  that  you  believe  that  your  intellectual property right has been infringed by any of our Users, please email us at the contact details below along with the following information:  

  • Your contact details including address, telephone number, and email address.  

  • Description  of  the  alleged  intellectual  property  right  that  has  been  infringed.

  • Details establishing that you are the owner of the infringed intellectual property;  

  • Details  of  the  person,  if  known  responsible  for  the content infringing your intellectual property;  

  • On  receipt  of  your  notice  and  we  will  verify  the  allegations  and if  We  find  that  the alleged listing / content is infringing your intellectual property rights, We shall remove the listing / content within  72 (seventy two) hours of the receipt of your notice.  

  • In case you are unable to prove your ownership of the IP, or the fact that your IP has been infringed upon, Lonca has the right to not take any action regarding your IP infringement complaint, and also not act upon any such future complaints.


  • GOVERNING LAW AND DISPUTE RESOLUTION  

  • These Terms of Use and all matters arising in connection with these Terms of Use shall be construed in accordance with the laws of India, and the parties submit themselves to the exclusive jurisdiction of the courts at Bangalore.

  • INTEGRATION AND SEVERABILITY  

  • These Agreements constitute the  entire  agreement  between you  and Lonca with  respect  to  the Platform,  and  supersedes all  prior  or contemporaneous communications and proposals (whether oral, written or electronic) between you  and Lonca with  respect  to  the Platform.


  • FORCE MAJEURE

  • Under no circumstances shall Lonca be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.


  • MISCELLANEOUS

  • These  Terms  of  Use  are  not  assignable,  transferable  or sublicensable  by you  except  with Lonca’s  prior  written  consent. Lonca may  assign,  transfer  or  delegate  any  of  its  rights  and obligations hereunder without your consent.

 

CONTACT

In accordance with applicable laws, you may contact us for any issues or concerns:

Phone: +1-415-915-9101

Email: lonca@lonca.co