TERMS OF USE

Acceptance

These Lechal Product and Service Terms together with the Privacy Policy and all other additional terms and information that ma y be provided within the Service (collectively “Terms”) govern your use of the service, site, content and software (collectively the "Service"). By registering for or using the Service or any portion of it you accept the Terms.

As a condition of downloading, accessing, or using the Products, you also agree to the terms of the Lechal Privacy Policy.

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.

Eligibility

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.

Except as set forth in the Privacy Policy, Lechal is not responsible for any removal or loss of the information or content you have submitted to the Service. When information or content is removed from the Service by either you or Lechal, traces or copies may still remain elsewhere.

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.

Licenses

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:

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:

Lechal may but has no obligation to:

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.

Content

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:

You agree to:

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:

“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 support@lechal.com, (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:

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

Dispute Resolution

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 support@lechal.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 legal@lechal.com 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.

Notices

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.

Fees

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.

Advertisements

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.

Personal Data

Any information that Lechal collects through your use of the Lechal Product and Service is subject to the Lechal Privacy Policy, which is part of these Terms.

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.

Indemnification

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.

Miscellaneous


Contact Us

Please contact us if you have any questions about these Terms.
Ducere Technologies
San Marina House
222B West Marredpally
Secunderabad, Telengana, India - 500026
support@lechal.com

Copyright © 2016 Lechal