All information, products and services displayed on the Softwarewala.com (“Website”) constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. The website has the right to accept or reject your offer without assigning any reason thereof.
In order to use the Website belonging to Lohmod Technologies Pvt. Ltd., you (The User) have accepted the following terms and conditions given below. We reserve the right to add, delete, alter or modify these terms and conditions at any time.
You (The User) are therefore advised to read carefully these terms and conditions every time you use the Website.
The Website “www. softwarewala.com” (“Website”) is an Internet based portal owned and operated by Lohmod Technologies Pvt. Ltd., a company incorporated under the laws of India, with its office at New Delhi, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Lohmod Technologies Pvt. Ltd. at its sole discretion and posted on the Website.
When you use any of the services provided by us through the website you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time without any prior written notice to you. It is your responsibility to review these terms and conditions periodically for updates / changes. As long as you comply with these terms and conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
This 'User Agreement', which is intended to be a legally binding contract between you and us, contains the following:
You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction.
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.
References to "you", "User" shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, and "we", "us", "Website" and "our" shall mean Lohmod Technologies Pvt. Ltd.
1.1 The Website requires you to register as a User by creating an Account in order to purchase coupons from the Website. You will receive a password and account designation upon completing the Website's registration process. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You cannot and will not be liable for any loss or damage arising from your failure to comply.
2.1 This Website is a platform for the online sale/purchase of third party software and various services thereto.
4.1 In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of the Website; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
5.1 You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that our Website is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on our Website.
6.1 Membership on the Website is free for buyers. We do not charge any fee for browsing and buying on the Website. We reserve the right to change our fee policy from time to time. In particular, we may in our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, we reserve our right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Lohmod Technologies Pvt. Ltd. You shall be responsible for such charges even in case of free application download. Once you buy software and we generate the license key, you are responsible to ensure the proper installing and functioning of the software.
6.3 Once the payment is completed, you can download the software. Further, we do not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
6.4 It is also clarified that all the return and/or refund policy shall be as per the policies determined by the Seller.
7.1 Users of this website may post reviews, comments and other content and submit suggestions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights.
7.2 We encourage such feedback as it helps all users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. We will not be responsible for the feedback that you post on the website and we urge you to be accurate in making comments and giving your reviews.
7.3 We reserve our right (but not the obligation) to remove, refuse, delete or edit any content that violates these Terms and Conditions and/or suspend your permission to access or use this Website.
8.1 As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms and Conditions. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales.
8.2 The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. We reserve our right to delete such multiple listings of the same product listed by you in various categories.
9.1 The website, arrangements including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website is owned solely by us or its licensors and is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through, your use of the website by no means is any rights impliedly or expressly granted to you in respect of such Content. We reserve the right to change or modify the Content from time to time at its sole discretion.
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are sole property of our company or their vendors/seller or respective third parties. You are not permitted to use the Marks without our prior consent or our vendor/seller or the third party that may own the Marks.
9.3 You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
9.4 You must not:
10.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
10.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
11.1 This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this Website.
11.2 Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
11.3 Nothing on this website constitutes, or is meant to constitute, advice of any kind.
12.1 You agree to indemnify, defend and hold harmless us, our subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by you caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
13.1 The Website will contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we will not be responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We will not be responsible for any form of transmission, whatsoever, received by you from any Linked Site. We will provide links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with us of the Linked Sites nor does it represent the advice, views, opinions or beliefs of our company. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
14.1 We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
15.1 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
15.2 If you do not think they are reasonable, you must not use this website.
16.1 We may suspend or terminate your use of the Website or any Service at its sole and absolute discretion.
16.2 Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until we choose to terminate them.
16.3 If you or our company terminates your use of the Website, we may delete any content or other materials relating to your use of the Website and we will have no liability to you or any third party for doing so.
17.1 You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
18.1 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
20.1 We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
21.1 We may transfer, sub-contract or otherwise deal with the Website, its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23.1 These terms and conditions constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
24.1 This agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. In the event of a dispute arising out of or in relation to any matters set forth under this Agreement, the Parties will attempt to resolve the dispute through mutual discussions, failing which, either Party may by written notice refer the dispute for arbitration to a sole arbitrator appointed in accordance to the Arbitration and Conciliation Act, 1996. The dispute will then be finally settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any amendments made thereof. The seat of arbitration will be New Delhi.