The Terms constitute an agreement between you and Ducere Technologies, located at San Marina House, 222B West Marredpally, Secunderabad, Telengana, India, including its affiliates and suppliers (collectively “Lechal”), defining your and Lechal’s rights and responsibilities with respect to the Service.
You must accept these Terms to create a Lechal account and to u se the Lechal Product and Service. If you do not have an accoun t, you accept these Terms by visiting www.lechal.com or using any part of the Lechal Product and Serv ice. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT , VISIT WWW.LECHAL.COM OR USE THE LECHAL PRODUCT AND SERVICE.
To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept yo ur registration on your behalf and approve your use of the Serv ice. Anyone completing the registration must be legally competent.
Registration and Termination
To use a Service you may need to register and create a Lechal account with username and a password. You may need to provide us with certain personal and other information. Lechal may verify your email address before account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Lechal about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Lechal may terminate your registration or restrict your access to certain parts of the Service if Lechal reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
We may need to contact you about your use of the Lechal Product and Service. These communications are part of the Lechal Product and Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Lechal Product and Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Lechal Product and Service; Lechal’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Lechal Product and Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Lechal Product and Service is intended for your personal, non-commercial use.
Lechal grants you a non-exclusive, non-transferable license, revocable at any time at Lechal’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, Lechal may provide you with content developed by Lechal or its licensors (“Content”). Lechal grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some Content may only be available to residents of certain geographical areas. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, Lechal may provide you with certain software developed by Lechal or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Lechal grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
The Software maybe subject to export controls under the U.S. Export Administration Regulations and other import or export control regulations. You agree to strictly comply with all applicable import and export regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, transfer, or import such Software.
You may be able to submit information or content (“Material”) to the Service. Lechal does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Lechal. Lechal is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Lechal a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Lechal to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, Lechal may permanently delete your data. Lechal has no obligation to return data to you after the Service is discontinued or canceled.
Except to the extent permitted by law, you may not do any of the following while accessing or using the Lechal Product and Service:
- use, display, mirror or frame the Lechal Product and Service or any individual element within the Lechal Product and Service, Lechal’s name, any Lechal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lechal’s express written consent;
- access or tamper with non-public areas of the Lechal Product and Service, Lechal’s computer systems, or the technical delivery systems of Lechal’s providers;
- test the vulnerability of any Lechal system or breach any security or authentication measures;
- circumvent any technological measure implemented by Lechal or any of Lechal’s providers or any other third party (including another user) to protect the Lechal Product and Service or Lechal Content;
- access the Lechal Product and Service Content through the use of any mechanism other than through the Lechal Product and Service; or
- modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software and/or hardware that Lechal provides to you or any other part of the Lechal Product and Service.
Using the Service
Lechal grants you a non-exclusive, non-transferable license to access the Lechal Product and Service, to download and use the Lechal software and service, and to access the Content (as defined below) within the Products and according to the Terms.
You agree to:
- Comply with applicable laws, the Terms and good manners;
- Use the Service only for your personal, non-commercial purposes;
- Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Material;
- Obtain any consents, permission or licenses that may be legally required for you to submit any Material; Respect the privacy of others;
- Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
- Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
- Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
- Be responsible for the consequences related to the Material that you post
Lechal may but has no obligation to:
- Monitor or moderate any Content or Material;
- Remove any Material from the Service; and
- Restrict access to any part of the Service at any time in its sole discretion.
Full use of the Lechal Product and Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Lechal Product and Service and it is your responsibility to ensure the equipment’s functionality.
Lechal may change or discontinue, temporarily or permanently, any feature or component of the Lechal Product and Service at any time without notice. Lechal is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Lechal Product and Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Lechal products without prior notice to you.
THE LECHAL PRODUCT AND SERVICE AND LECHAL CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NAVIGATION, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Lechal Product and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Lechal Content. You acknowledge and agree that if you rely on any Lechal Content or the Lechal Product and Service, you do so solely at your own risk.
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. Lechal shall not be responsible for any claims or offense caused or suffered by you accessing such Content.
Lechal allows you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, traffic, and other related information provided by Lechal, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Products through Lechal Product and Services. You understand and agree to the following:
- Map data, traffic, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content.
- By using the Products, you do not receive any, and Lechal and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Lechal or by the owner of that Content, in a separate agreement.
- Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized copying or disclosure of this Content.
You agree to:
- To use the Content only for your personal, non-commercial purposes;
- To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
- Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise Lechal promptly of any such unauthorized use;
- Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
- Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
- Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
You may post photos, exercise regimens, food logs, recipes, comments, and other content (“Your Content”) to the Lechal Product and Service. You retain all rights to Your Content that you post to the Lechal Product and Service. By making Your Content available on or through the Lechal Product and Service you grant to Lechal a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Lechal Product and Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Lechal Product and Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
- Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post communications that could be interpreted as threatening or harassing.
- Do not post, advertise, or promote products or services commercially.
- Lechal’s Rights
“Lechal Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Lechal Product and Service to you. Except for Your Content, Lechal Content, the Lechal Product and Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lechal Product and Service.
Allegations of Copyright Infringement
You may notify Lechal of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to firstname.lastname@example.org, (b) by a document titled “Copyright Notification” mailed to Ducere Technologies, 222B West Marredpally, Secunderabad - 500026, Telangana, India, or (c) via the online form, if available. Your notice must:
- identify the original copyrighted work you claim is infringed;
- identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Lechal to locate the allegedly infringing content on the Service;
- provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
- provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
- provide your signature, as applicable.
If you believe that your work has been copied and is accessible through this Web site in a way that constitutes copyright infringement, you may notify us by providing Lechal's Copyright Agent with the following information: the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, and a description of the infringing activity; a description of the location of the material that you claim is infringing; your name, address, telephone number, and email address; and a statement by you, made under penalty of perjury, that the above information is accurate and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. Lechal's agent for notice of claims of copyright infringement can be reached at the following address: Lechal, Ducere Technologies, San Marina House, 222B West Marredpally, Secunderabad, Telengana, India - 500026
You agree that any dispute between you and Lechal arising out of or relating to these Terms of Service, the Lechal Product and Service, or any other Lechal products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Telangana, India without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Lechal, you agree to try to resolve the Dispute informally by contacting email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 90 days after submission, you or Lechal may bring a formal proceeding
We Both Agree To Arbitrate: You and Lechal agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The Indian Council of Arbitration (ICA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the Indian state where you live or work, Secunderabad, Telangana, or any other location we agree to.
Arbitration Fees: The ICA rules will govern payment of all arbitration fees. Lechal will pay all arbitration fees for claims less than $10,000. Lechal will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Lechal may assert claims, if they qualify, in small claims court in Hyderabad, India or any Indian district where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Lechal products or Lechal Product and Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve Disputes with Lechal on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lechal agree that any judicial proceeding (other than small claims actions) will be brought in the state courts of Telangana, India. Both you and Lechal consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Lechal products or Lechal Product and Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Lechal may post notices within the Service. Lechal may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Lechal sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Your use of the Service may be or may become subject to charges.
Any fees charged by Lechal will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. Lechal assumes no responsibility for the payment of any charges of your service providers
Order and Payment Terms
“Order” shall mean the selection of payable Content and/or subscription to Content offered by Lechal and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Lechal.
You may pay by credit or debit card, network service provider billing, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Lechal will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Lechal assumes no responsibility for the payment of bank or any other third party service fees or charges.
Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after your Order you discover and promptly inform Lechal within 48 hours that (a) the Content you have ordered is faulty; (b) the Content Lechal delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by Lechal. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Lechal Customer Support.
Please note that Lechal may not be able to process your customer support request if you are unable to provide your transaction ID, which is provided to you by Lechal following your Order from the Service. Lechal may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation.
Feedback to Lechal
By submitting any ideas, feedback and/or proposals ("Feedback") to Lechal through the Service or other means, you acknowledge and agree that: (1) Lechal may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Lechal is not under any obligation of confidentiality with respect to the Feedback; (4) Lechal may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Lechal.
Social Activities and Location Sharing
You may use features in the Service to share your location, status, content, Materials or personal information or to interact with other users, sites and services. By using these features you agree that Lechal may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information, Content or Material or to link to any service or site that: (a) contains content or other material that is illegal or inappropriate; or (b)exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve Lechal and is solely between you and the other user(s).
Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to Lechal’s sole discretion. Lechal expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Lechal or by another party.
Lechal may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Lechal device software and applications, your device may automatically check for the availability of software updates from Lechal. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If Lechal considers a Software update to be important or critical you may not continue using the previous version of the Software. Lechal may prevent your use of the previous version of the Software or Service until you install the update.
Lechal may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Lechal may significantly change any version of Service or Software or decide not to release a final version.
Links to Third Party Sites and Content
Lechal may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
Lechal has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Lechal endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. Lechal is not responsible for this type of content or links.
The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
Limitation of Liability
The product and/or Service is provided on “AS IS” and “AS AVAILABLE” basis. Lechal does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, Lechal is not liable for any direct damages caused by your use or inability to use the Service. In no case will Lechal be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service.
LECHAL AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
NEITHER LECHAL, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LECHAL PRODUCT AND SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LECHAL PRODUCT AND SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LECHAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LECHAL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LECHAL PRODUCT AND SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LECHAL FOR USE OF THE LECHAL PRODUCT AND SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LECHAL, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LECHAL AND YOU.
You will indemnify and hold harmless Lechal and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Lechal Product and Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Choice of Law
The Terms are governed by the laws of India without regard to its conflicts of law provisions.
Our Enforcement Rights
We are not obligated to monitor access or use of the Lechal Product and Service, Lechal Content, or Your Content or to review or edit any Lechal Content or Your Content, but we have the right to do so for the purpose of operating the Lechal Product and Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Lechal Product and Service, any Lechal Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Lechal Content, Your Content, or your use of the Lechal Product and Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Lechal Product and Service.
Use The Lechal Product and Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Lechal Product and Service, but we make no endorsement, representation or warranty of any kind about any Lechal Content, information, services or recommendations.. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Lechal Product and Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any Lechal Content or the Lechal Product and Service, you do so solely at your own risk.
Consult Your Doctor Before Using The Lechal Product and Service
The Lechal Product and Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition. If you have a medical or heart condition, consult your doctor before using the Lechal Product and Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Lechal Product and Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Lechal Product and Service. If you engage in any exercise program you receive or learn about through the Lechal Product and Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the Lechal Product and Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your Lechal product or service, including those located on our Wear and Care page.
Changes in Terms
Lechal may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Lechal will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Lechal and you regarding the Lechal Product and Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lechal and you regarding the Lechal Product and Service and Lechal Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lechal’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Lechal may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lechal under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Lechal Product and Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Lechal’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lechal. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You expressly agree that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name, including but not limited to the content of any communications that are made using services provided through this Web site. Any unauthorized commercial use of this Web site, Lechal’s servers, or Internet infrastructure, is expressly prohibited. Without Lechal's prior written consent, you may not reproduce, distribute, modify, display derivative works based on, repost, or otherwise use the content of this Web site. Nothing contained in these Terms shall be construed to provide any license or right under any copyright or other intellectual property right. Lechal reserves the right to monitor, review, retain, and disclose any information collected from or about you related to your use of the Web site that is necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.
Additional Terms for Lechal
- Export Restrictions: The Lechal software is subject to United States export controls. By using the Lechal software, you agree to use the software only for purposes that are legal, proper and in accordance with these Terms. Specifically, you agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.
- Automatic Updates: The Lechal software may communicate with Lechal servers from time to time to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Lechal software, you agree to automatically request and receive Updates.
- Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
The Service, Content and Software are protected under international copyright laws. Lechal claims copyrights in its Service, Content, and Software to the maximum extent of the law. Subject to the Terms, Lechal retains all right, title and interest in the Service, its Content, the Software and in all other Lechal products, software and other properties provided to you or used by you through the Service.
Lechal may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Lechal. Additionally, Lechal may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Please contact us if you have any questions about these Terms.
San Marina House
222B West Marredpally
Secunderabad, Telengana, India - 500026
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