ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING WWW.TEMPAWALA.COM (“WEBSITE”) OR THE TEMPAWALA SOFTWARE (“SOFTWARE”). ACESSING THE WEBSITE OR THE SOFTWARE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR THE SOFTWARE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE, THE SOFTWARE, AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT LAMILO TECHNOLOGIES PRIVATE LIMITED (“LAMILO”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE OR THE SOFTWARE AND ANY SERVICES THAT LAMILO MAY PROVIDE THROUGH THE WEBSITE OR THE SOFTWARE. THE WEBSITE, SOFTWARE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "LAMILO WEBSITES".
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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.
Scope of the Services
The Website and the Software are technology based platforms which provide transport aggregation services (“Services”) by connecting transporters with customers who/which wish to avail the services of such transporters. It is expressly clarified that the Services provided by Lamilo through the Website and the Software are in the nature of an enabler, intermediary and online marketplace. The transportation and carriage services are provided by independent third party transport service-providers and common carriers (“Service Providers”) with whom Lamilo collaborates on a principal-to-principal basis. The provision of such services by the Service Providers to you is therefore subject to any agreement entered or which may be into between you and the Service Provider and Lamilo shall never be or considered to be a privy party to such agreement nor be liable for any matter related to the provision of such services by the Service Providers. Lamilo may, however, on a best effort basis support you, where you have availed the Services of Lamilo, in case of any breach by or dispute with the Service Provider only to the extent as a connecting platform.
Although Lamilo will take all reasonable efforts to connect you with a Service Provider, the services are subject to the availability of the Service Providers near your geographical location at the instance of your request for the transportation services and Lamilo shall in no manner be responsible or liable for, including but not limited to, the manner of provision, availability, quality or cancellation of the services, the accuracy of the data or information provided by the Service Providers, damages to the consignments, loss, theft etc.
You hereby unconditionally and unequivocally accept that Lamilo is not and shall not be considered as a common carrier in terms of the Carriage by Road Act, 2007 including any other rules made thereunder and any other central or state laws as may be applicable.
Usage of the Services
You agree to take full care while making a booking request for transportation services on the Website or the Software and further represent and warrant that the details provided are true, complete and accurate in all aspects. You also warrant that the credit or debit card details that you provide are for your own credit, debit card and that you have sufficient funds to make the payment for the services requested.
You agree that you are the owner or have legal right of possession of the goods and to transport such goods and that any transportation of goods ordered by you.
On the placement a booking request for the transportation services from Service Providers, using the Website or the Software, the system will send an acknowledgement via an auto-generated SMS (“Acknowledgment Message”) confirming the receipt of a booking request. In case of any discrepancy or inconsistency between the booking request placed and Acknowledgement Message received, you must inform Lamilo immediately. It is clarified that the receipt by you of an Acknowledgment Message shall not be construed as an acceptance of the booking request.
Lamilo will communicate your booking request (through the internet and / or mobile telecommunications devices) to the Service Provider(s) through GPS-GPRS based device installed in its vehicles who may in its sole discretion accept or reject each such booking request. Where the Service Provider accepts your booking request, you will be notified of the acceptance by the system via a text message/ SMS (“Confirmation Message”) and provided with the information and details of the Service Provide and the delivery details including the estimated delivery time (approximate and may vary) and delivery charges (subject to any applicable discounts, promotions etc.).
- Delivery Terms
You undertake that the details set out in the goods forwarding note are true, correct and accurate in all respects and no material fact is suppressed is omitted. Any mismatch in the description of the goods as set out in the goods forwarding note and the goods shall be your responsibility and you undertake to indemnify Lamilo and the Service Provider from any loss or damage due to such discrepancy.
You must ensure that at the time of handover of goods and at the place of delivery of the goods, adequate arrangements, including access where necessary, are in place for the safe loading and unloading of the goods. Lamilo and the Service Provider shall not be held liable for any damage, cost or expense incurred to such goods or premises where it arises as a result of a failure on your part to provide adequate access/ address or any other instructions or arrangements for handover of goods by you and delivery of the goods by the consignee.
You agree that the signing of a goods handover note by the consignee or his/her/its representative shall constitute delivery of the goods to the consignee for all purposes. In the event the consignee refuses to take delivery or the consignee cannot be located by the Service Provider, you will receive a text message (SMS) or a phone call (“Non-acceptance Message”).
On receipt of Non-acceptance Message it shall be your responsibility to take the re-delivery of the goods from the Service Provider at your location on payment of the additional cost of transportation that shall be determined as per the standard rates and policies of the Service Provider. In the event you refuse to pay the cost of re-transportation of the goods or re-delivery of the goods for which a Non-acceptance Message has been sent to you, you hereby authorize the Service Provider to hold the goods in lieu of its claim of re-transportation of the goods and subject to payment of the said amount release the goods in your favour. In the event you fail to act in the matter and take re-delivery of the goods from the Service Provider, you hereby waive all your claims to the goods under Non-acceptance Message and declare that the Service Provider under no circumstance shall not be liable for any loss or damage caused or suffered, to the goods whether directly or indirectly.
The Service Provider's responsibility for the services and transportation of goods shall be deemed fulfilled upon delivery of the goods ordered to the address of the consignee communicated at the time of placing the booking request. Lamilo and the Service Provider undertakes no obligations to ensure that the goods are in conformity with declaration of the goods in the booking request and other applicable document.
While availing the services of the Service Provider, you as well as your agents or representatives shall not:
- soil or damage or damage the body and/or any other interiors or equipment and devices of the Service Provider’s vehicle;
- ask the Service Provider to break any Traffic/RTO/police and/or government laws for any purpose.
- pressurize the Service Provider to overload truck with the consignment over the allowed limit or capacity of the vehicle.
Any cancellation of a booking request must be notified immediately to Lamilo by quoting the booking request number or by cancelling the booking request on the Website or the Software. If the cancellation is accepted, no cancellation fee shall apply and any amounts received may be refunded in 7 business days. However, if a transport vehicle engaged to undertake the transportation of the goods has already been dispatched, the booking request may not be cancelled and there will be no refund of the amount received for the booking request.
- Dangerous and Hazardous Goods
The Service Provider may refuse to carry dangerous or hazardous goods, as may be specified under applicable laws, which are in its sole discretion dangerous or hazardous to human life.
The goods are accepted for the transportation services only upon your declaration of the type and value of the consignment (‘said to contain’ basis) and Lamilo and the Service Provider have no responsibility whatsoever as to the correctness of description, type or value thereof. You agree to indemnify Lamilo and the Service Provider including their directors, employees, contractors, representatives and agents and hold them harmless from any claims that may be brought against them arising out of or relating to such declaration provided by you and any costs incurred by them in relation thereto.
You may use the Website and the Software without charges. Lamilo may, however, charge a non-refundable fee or commission for the Services provided when you avail of any services from the Service Providers. You shall also be responsible and liable for all charges, fees, duties, taxes, and assessment arising out of your usage of the Services and/or the services of the Service Providers.
Any refund of amounts to be made to you will be made in 7 days from the date of confirmation of the refund.
Usage of the Website or the Software shall be construed as your consent for receiving calls including marketing and promotional calls, autodialed and/or pre-recorded messages, from Lamilo or the Service Providers, at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify Lamilo and/or the Service Providers against all types of claims, losses and damages incurred by Lamilo and/or the Service Providers due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.
Use of Lamilo Websites
Except as set forth in the section titled "Other agreements; software, services or access" below, Lamilo authorizes you to use Lamilo Websites or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Use of the Lamilo Websites or Materials for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Website and the Software. As between you and Lamilo, Lamilo owns the Lamilo Websites. The Lamilo Websites are protected under Indian and international copyright laws. Any unauthorized use of the Lamilo Websites may violate copyright, trademark, and other national or international laws.
You agree not to use the Lamilo Websites (including, without limitation, any Materials or Services you may obtain through your use of the Lamilo Websites): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, insult or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Lamilo Websites or servers or networks connected to the Lamilo Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Lamilo Websites; or (y) attempt to gain unauthorized access to any portion of the Lamilo Websites or any other accounts, computer systems, or networks connected to the Lamilo Websites, whether through hacking, password mining, or any other means.
Modifications to Lamilo Websites
Lamilo reserves the right to modify, suspend, or discontinue the Lamilo Websites at any time without notice to you. For example, Lamilo may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Lamilo makes no commitment to update the Materials and Services whatsoever. Information published on the Website and the Software may refer to products, programs, or services that may not be available in your country. You may consult your local Lamilo business contact for information regarding the products, programs, and services that may be available to you.
Certain areas of the Lamilo Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Lamilo an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Lamilo deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Lamilo reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Lamilo may also disclose your name in its clients’ list/credentials for reference purposes. Lamilo may, but is not obligated to, pre-screen User Submissions or monitor any area of the Lamilo Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Lamilo is not required to host, display, or distribute any User Submissions on or through the Lamilo Websites and may remove at any time or refuse any User Submissions for any reason. Lamilo is not responsible for any loss, theft, or damage of any kind to any User Submissions. Lamilo does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Lamilo will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Lamilo does not guarantee that you will have any recourse through Lamilo or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Lamilo the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Lamilo described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law;
- your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the Lamilo Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Lamilo Websites. Lamilo is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Lamilo does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Lamilo Network, you do this entirely at your own risk.
Linking to the Website and the Software
You may create links to the Website or the Software from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without Lamilo's written authorization otherwise, a website that links to the Website or the Software:
- may link to, but shall not replicate, any Materials (including any Lamilo logo);
- shall not create a browser or border environment around any Materials;
- shall not imply that Lamilo endorses such website or any products, services, or content available through such website;
- shall not misrepresent its relationship with Lamilo;
- shall not present false or misleading information about Lamilo, its products, or its services;
- shall not contain content that could be construed as distasteful, offensive, or controversial; and
- shall contain only content that is appropriate for all age groups.
Lamilo, Tempawala logos and any other logos and marks used on the Website and the Software (“Logos”) are trademarks that belong to Lamilo Technologies Private Limited.
You may use the abovementioned trademarks, in text, to refer fairly and accurately to Lamilo, its products and its services, subject to the guidelines below:
- The Logos are reserved for use by Lamilo and those Lamilo partners and licensees that have a written agreement with Lamilo that specifically authorizes logo use. No other use of the Logos is permitted.
- You may not use Lamilo trademarks in a manner likely to mislead consumers as to your relationship with Lamilo, as to Lamilo's sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of Lamilo trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorized Lamilo Partners and Licensees
If you have an existing relationship with Lamilo, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
If your existing agreement with Lamilo authorizes you to display the abovementioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
If you have questions you should contact your account representative or other Lamilo business contact.
Lamilo General Trademark Guidelines
The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of Lamilo's trademarks, including for example Lamilo's partners, licensees, alliances and authorized resellers under contract with Lamilo.
- Lamilo does not use or require the use of trademark symbols, legends or acknowledgements with Lamilo trademarks, unless otherwise agreed in writing.
- Lamilo trademarks should be presented as adjectives modifying generic nouns; for example: Lamilo support services.
- Do not use variations, plural or possessive forms of Lamilo trademarks.
- Do not use Lamilo trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by Lamilo.
- Do not use Lamilo trademarks to make false statements about Lamilo or its products or services.
- Do not incorporate Lamilo trademarks in your trade names, business names, product names, service names, social media user names, or domain names.
- Do not adopt or imitate Lamilo’s distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
- When referring to Lamilo in formal documentation (i.e., annual reports, financial reports) the full name Lamilo Technologies Private Limited is preferred. In other contexts, Lamilo is preferred.
Procedure for making claims of infringement
Lamilo respects the intellectual property rights of others. Accordingly, Lamilo has a policy of removing User Submissions that violate copyright law, suspending access to the Lamilo Websites (or any portion thereof) to any user who uses the Lamilo Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Lamilo Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Lamilo Websites, please provide written notice to the following Lamilo officer for notice of claims of infringement:
Attention: [Team Lead]
[LAMILO Technologies Prvt. Ltd.]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Lamilo to locate that material; (d) contain adequate information by which Lamilo can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Lamilo’s designated agent, as they will be deleted upon receipt.
You agree to indemnify, defend, and hold harmless each of the Lamilo Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions. Lamilo reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Lamilo's defence of such claim.
When you visit the Website, use the Software or send e-mails to Lamilo, you are communicating with Lamilo electronically. Lamilo may respond to you by e-mail or by posting notices on the Website or the Software. You agree that all such notices, disclosures, and other communications that Lamilo provides to you electronically satisfy any legal requirement that such communications be in writing.
The Website and the Software may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. Lamilo is not responsible for such delays, failures, or other damages that result from such problems.
Except as set forth in "Other agreements; software, services or access", below, Lamilo may terminate, suspend, or modify your registration with, or access to, all or part of the Lamilo Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Lamilo Websites at any time. If you breach any of these Terms and Conditions, your authorization to use the Lamilo Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
THE LAMILO WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LAMILO WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT LAMILO, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. LAMILO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE LAMILO WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAMILO MAKES NO WARRANTY THAT THE LAMILO WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE LAMILO WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE LAMILO WEBSITES WILL BE CORRECTED. LAMILO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LAMILO WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LAMILO WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE LAMILO WEBSITES OR FROM LAMILO, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "LAMILO PARTIES") SHALL CREATE ANY WARRANTY. LAMILO DISCLAIMS ALL EQUITABLE INDEMNITIES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE LAMILO WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. LAMILO SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
LAMILO SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR LAMILO WEBSITES WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
LAMILO SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF THE SERVICE PROVIDERS’ OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.
Limitation of Liability
IN NO EVENT WILL ANY OF THE LAMILO PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF INDIAN RUPEES FIVE HUNDERED (INR 500) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF GOODS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE LAMILO WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE LAMILO WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY LAMILO PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, USE OF THE LAMILO WEBSITES IS AT YOUR SOLE RISK. THE SERVICES AND PRODUCTS MADE AVAILABLE ON THE LAMILO WEBSITES ARE SUBJECT TO CONDITIONS IMPOSED BY THE SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND GOVERNMENT REGULATIONS. THE SERVICE PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THE LAMILO WEBSITES ARE INDEPENDENT SERVICE PROVIDERS, AND NOT LAMILO’S EMPLOYEES, REPRESENTATIVES OR AGENTS.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of the Lamilo Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
Lamilo may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to Lamilo Websites under the terms of a separate agreement between you and Lamilo (each, an "Other Agreement"). Lamilo's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms and Conditions shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the Lamilo Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms and Conditions shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
These Terms and Conditions, together with any additional terms to which you agree when using particular elements of the Lamilo Websites, constitute the entire and exclusive and final statement of the agreement between you and Lamilo with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Lamilo with respect to such subject matter. Lamilo Parties are third party beneficiaries with respect to the provisions in these Terms and Conditions that reference them. These Terms and Conditions and the relationship between you and Lamilo shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. All disputes arising from or relating to these Terms and Conditions or your use of the Lamilo Websites shall be brought in the courts of Ahmedabad, and you hereby irrevocably submit to the exclusive jurisdiction of such courts for such purpose. The failure of Lamilo to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Lamilo and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Lamilo Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or Lamilo. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lamilo without restriction.
Modifications to these Terms and Conditions
Lamilo may, in its sole and absolute discretion, change these Terms and Conditions from time to time. Lamilo will post notice of such changes on the Website or the Software. If you object to any such changes, your sole recourse shall be to cease using the Lamilo Websites. Continued use of the Lamilo Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the Lamilo Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.