Terms of Use

Last Edited: 27 December, 2016

TERMS OF USE

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 published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.lithics.in website.

This Terms of Use is a legally binding document between the website www.lithics.in, which is owned and operated by Wayne Ventures Private Limited (hereinafter referred to as "Wayne Ventures”/ "Lithics.in”/ “Website”/ “Company”/ "We"/ "Us"/ "Our"), and the registered and guest Users of the website (hereinafter referred to as “Buyer”/ "You"/ "Your"/ "Yourself"/ "User"). Please read these conditions carefully before using the Lithics.in website. By using the Lithics.in website, you signify your agreement to be bound by these conditions.

 

GENERAL

Wayne Ventures Private Limited is a company incorporated under the laws of India, with its registered office at Room No. 108, Dream Building, Gate No. 4 Chhatra Marg, Delhi University - North Campus, New Delhi, DL 110007 and its CIN is U52609DL2016PTC305606. Wayne Ventures owns and operates Lithics.in - a socially conscious e-commerce marketplace that works for and with underserved populations and socially disadvantaged groups, especially in the handicraft and handloom industry.

The Website is an electronic retail store that provides:

A platform for Users (who register as Sellers) to advertise, exhibit, make available various Products to other Users (who are Buyers/customers)

A platform for such other Users to accept the offer to sell Products made by The Company on the Website and to make payments to the Company for purchase of the Products

Services to facilitate the engagement of buyers and sellers on the Website for the purpose of commerce and promotion of handicrafts, and

Such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

These Terms of Use are subject to revision by Us at any time.  The revised Terms of Use shall be made available on the Website from time to time. You are requested to regularly visit the Website to view the most current Terms of Use. The date of Last Update will also be stated explicitly for Your reference. You may be directly requested through pop-ups or other forms of communication to consent to some changes in this document.  If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will amount to Your acceptance of those changes.

 

ELIGIBILITY

Lithics.in may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use Lithics.in. Minors can access or otherwise use the website only with the involvement of a parent or guardian.

If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you have the authority to bind that business entity to this User Agreement.

Lithics.in reserves the right to refuse access to use the Services offered on the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

YOUR ACCOUNT

You may access and use the Website either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

Registered users:  We make certain features and services of Lithics.in available to You only if You have provided Us certain required User information and created an account on the Website using a unique log-in ID and a corresponding password ("Account"). Also, You can create Your Account on the Website through logging in with Your account in third party websites like Google and Facebook. If You register as a User by creating an Account, You will be responsible for maintaining the confidentiality and security of the Account Information and are fully responsible for all activities on the Website including orders and transactions that occur through Your Account.

Lithics.in cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Lithics.in or any other user of the Website due to authorised or unauthorised use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential. Also, all transactions on the website including orders placed through your account are your responsibility.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Lithics.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lithics.in has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

Guest users: The Website also allows limited access to the Services for unregistered Users (called as 'Guest Users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Depending upon whether You are a registered user, a guest user, a seller or a visitor to the Website, and upon the nature of Services You wish to avail from the Website, You may be required to provide certain personal information to Lithics.in. Your sharing of, and the collection, storage, use, disclosure and otherwise the dealing of such personal information by Lithics.in shall be governed by Our Privacy Policy (available on http://www.lithics.in/policies/privacy-policy).

 

PAYMENT METHOD

All online transactions are conducted through third party payment gateway services that offer payment methods like Credit/Debit card, Net Banking and Mobile Wallets (Paytm, MobiKwik, PayUmoney, PayZapp etc.). The only offline payment method is Cash on Delivery and is handled through a third party Logistics partner.

Lithics.in does NOT collect any financial information. However, as a matter of policy, You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or other online payment instruments for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You.

 

ROLE OF LITHICS.IN

You agree, understand and acknowledge that the Website is an electronic store where various Users can buy unique products sourced from socially disadvantaged producer groups. Further, Lithics.in does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

 

POLICIES

You undertake that you have read and accepted the Policies enlisted herein as references that govern all purchases and transactions made by Users on the Website. You agree to place orders and enter into agreements of purchase under the conditions defined therein. The functioning of Lithic.in is governed by the following policies incorporated in this Terms of Use as reference:

- Privacy Policy

- Cancellation, Return & Refund Policy

- Policy for Corporate Gifting and Bulk orders

- Made-Against-Order (MAO) Policy

- Seller Policy

 

CONDITIONS OF SHIPPING

Shipping is not undertaken by Lithics.in or Wayne Ventures Pvt. Ltd. and is outsourced to 'Logistics Partners' the details of whom will be made available on the invoice. Any damage of product in transit is the responsibility of the Logistics Partner. Users are requested to refer Terms of Use of the Logistics Partner on their official website for all purposes related to delivery process, time taken, availability of reverse pick up in your locality (based on Pincode) and other relevant information. Lithics.in attempts its best to ensure that all orders are delivered in good intent and condition in a time frame given in the product description. Notwithstanding the time-frame given in the product description, Lithics.in is not entirely liable to deliver within the given time frame and Lithics.in is indemnified of any charges arising thereof.

 

DISPUTE RESOLUTION

All disputes regarding product order, cancellation, delivery, return, refund, payments, technical glitches etc. can be addressed to Lithics.in through the 'Contact Us' link in the footer of the website. Lithics.in shall be liable to resolve the disputes based on Our governing policies and beyond, as deemed appropriate by Lithics.in and do so in an appropriate time frame. Notwithstanding the responsibility of Lithics.in to resolve these issues, we are not entirely liable to resolve them provided there is a necessity of involvement of third part and partner companies and organisations in the resolving of such disputes. Lithics.in shall be the only point of contact for all dispute resolution although You may be referred directly to third party and/or partner if required.

 

USER OBLIGATIONS

Subject to compliance with the Agreement(s), Lithics.in grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein. You agree, undertake and confirm that Your use of Website shall be strictly governed by the binding principles listed below.

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

- belongs to another person and to which You do not have any right to.

- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, involves criminal and/or illegal activities or otherwise unlawful in any manner whatever.

- is false, inaccurate, or misleading in any way.

- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual.

- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.

infringes upon or violates any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or shall not be fraudulent or involve the sale of counterfeit or stolen products.

provides material that solicits personal information from anyone or exploits people in a sexual, violent or otherwise inappropriate manner.

contains video, photographs, or images of another person (with a minor or an adult).

tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

interferes with another Users ability to use and enjoy the Website or any other individual's User and enjoyment of similar services.

refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

impersonate another person or use anonymous proxy.

violates any law of India or other applicable legal bodies for the time being in force.

You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

You shall not use any "deep-link", "page-scrape", "robot", "spider", “mining” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You shall not disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites. We reserve Our right to bar any such activity.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

Also, You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

When You use the Website or send emails or other data, information or communication to Lithics.in, You agree and understand that You are communicating with Lithics.in through electronic records and You consent to receive communications via electronic records from Lithics.in periodically and as and when required. Lithics.in will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Lithics.in shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages.

Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit.

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Lithics.in or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Lithics.in reserves the right to change or modify the Content from time to time at its sole discretion. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Lithics.in or thirty party owner of such Content.

Third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Lithics.in may not own/have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Lithics.in shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

In the event, any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Lithics.in makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

 

DISCLAIMER

The Users acknowledge that Lithics.in will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond Our control. We shall not be required to mediate or resolve any dispute or disagreement between users. Lithics.in shall not be liable for any errors or omissions, whether on behalf of itself or third parties. Lithics.in does not warrant that (a) this Website or products will be constantly available, or available at all; (b) the information on this Website is complete, true, accurate or non-misleading; (c) the Website and its content is are free of viruses, malware of harmful components;

The Company and its suppliers, affiliates and service providers make available Lithics.in and related e-commerce services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of Lithics.in and its associated third party service providers is at your own risk.

You and Lithics.in are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Lithics.in. As an abundant caution, it is clarified that Lithics.in shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and Lithics.in have entered this agreement on principal to principal basis.

If performance of any service or obligation under these Terms of Use or other Agreement by Lithics.in is, or other third parties in fulfilment of any purchase or sale transaction (like logistics service provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, natural calamities, severe weather, shortages of materials, rationing, utility or communication failures, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Lithics.in or its third parties performing such services as sub-contractor to Lithics.in and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Lithics.in shall be excused from such performance to the extent of and during the period of such Force Majeure Event.

Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Lithics.in for the purpose of this Agreement shall be Mr. Neel Lohit Pandey (email: support@lithics.in with the subject line: Grievance - General). Lithics.in may change the aforesaid details from time to time and you are required to consult the Privacy Policy for accessing details of the current Grievance Officer.

 

INDEMNIFICATION AND LIMITATION OF LIABILITY

You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Lithics.in and specifically waive any claims that you may have in this behalf under any applicable law.

You agree to indemnify, defend and hold harmless Wayne Ventures, its subsidiaries, affiliates, vendors, agents, third party service providers and their respective directors, officers, employees, contractors and agents (hereinafter 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 (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (a) Your breach of the Agreement(s); or (b) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (c) any claim that any Third Party Content/ content, information or materials provided by You caused damage to a third party; or (d) Your violation of any rights of another, including any intellectual property rights; or relating to activities and tractions on the Website made through your account.

In no event shall Wayne Ventures be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if the user has been informed in advance of the possibility of such damages.

 

TERMINATION OF AGREEMENT

The Agreement will continue to apply until terminated by either You or Lithics.in as set forth below. If You want to terminate Your agreement with Lithics.in, You may do so by (a) not accessing the Website; or (b) closing Your Account for all of the Services that You use, where Lithics.in has made this option available to You.

You agree that Lithics.in may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if (a) Lithics.in determines that You have violated the Terms of Use or any other Agreement(s); (b) Lithics.in is required to do so by law or upon request by law enforcement agencies; (c) Lithics.in decides to discontinue some or all of its services; (d) in the event Lithics.in faced any unexpected issues, be it technical or otherwise beyond our reasonable control.

You agree that all terminations shall be made in sole discretion of Lithics.in and that Lithics.in shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account and Personal Information), or Your access to the Website and Services.

 

JURISDICTIONS

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Lithics.in shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Lithics.in shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. You hereby irrevocably waive any objection which you may now or hereafter have to the laying of improper venue or forum. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

 


In case of 'Grievance', 'Infringement complaint', 'Feedback' and 'Question regarding Terms of Use' kindly email us (support@lithics.in) with the respective subject line.