This Website, www.lacave.in, (“Site”) is operated by La Cave Enterprises Pvt. Ltd. La Cave Enterprises Pvt. Ltd. (“We” or “Us”) is a company incorporated in Republic of India under Companies Act, 1956.
You can contact us at the following:
Telephone: +91 11 40646666
This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed thereunder, 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.
These Terms and Conditions (as may be amended from time to time, the “Agreement” or “Terms”) constitute a legal contract between the User (“You”), and Us.
Please read these Terms and Conditions carefully before you use this Site or make any purchases from us. By using this Site and/or making any purchases, you confirm your acceptance of and agreement to be bound by and comply with these Terms and Conditions.
The terms and conditions and divided into three parts:
- Section A contains general terms and conditions that govern any interaction you have with us, online or offline.
- Section B contains specific terms and conditions that govern use of this Site.
All three sections operate jointly.
We may modify these Terms and Conditions from time to time. We will endeavor to notify you of any material amendments to these Terms and Conditions by placing a notice about them on the homepage of the Site but do not guarantee to do so, therefore please review the Terms and Conditions whenever you use the Site as any changes are binding on you from the date that we make them.
Section A – General Terms and Conditions
- Our Content – Any content that we ourselves make available on this site or otherwise is intended for general guidance. We cannot and do not guarantee its accuracy or it being up-to-date as on date of access. Before acting on such information, you must make your own appropriate enquiries, including without limitation its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
- Local Laws & Regulations – Our site is directed to people residing in the Republic of India. If you choose to access our site from outside the Republic of India, you do so at your own risk. We do not represent that content available on or through our Site is appropriate or available in other jurisdictions. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. This Site is not directed at persons in a jurisdiction where the Site’s publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations.
- Dispute Redressal – We want to address any concerns you may have without needing a formal legal case. Before filing a claim against us, if you have a dispute with us relating to our contract with you, you may contact us at email@example.com and attempt to resolve the dispute with us informally.
If a dispute cannot be resolved informally, You and We agree that any dispute arising out of relating to this Agreement, including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. You agree, that the disputes shall be decided by a sole arbitrator and We shall have the sole right to appoint the arbitrator. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration proceedings shall be conducted in New Delhi, India. Either of the companies may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a Court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of You or Us (or our agents, suppliers, service providers and subcontractors). Any arbitration shall be confidential, and neither of Us shall disclose the existence, content or results of any such arbitration proceedings except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English. Subject to Clause A. 8, You agree that Courts in New Delhi, India shall have exclusive jurisdiction in respect of disputes between You and Us.
- Transfer Of Rights And Obligations – Any Contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of our rights or obligations arising under it, at any time during the term of the order, provided your legal and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions. You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.
- Our Liability – We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use or, or inability to use, our Site, or
Use of or reliance on any content displayed on our Site other than where the content forms a term of a Product Contract.
We are under a legal duty to supply products that are in conformity with our contract with you. We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms and Conditions or if the loss or damage could be contemplated by you and us at the time your order is accepted by us.
- Our maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in relation to any Product Contract is limited to the value of the particular contract.
- We only provide our Site for private non-commercial use. You agree not to use our Site for any commercial, trade or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in these Terms and Conditions excludes or limits in any way our liability:
- for death or personal injury caused by our negligence;
- defective goods under the Consumer Protection Act, 1986; or
- for fraud or fraudulent misrepresentation; or
- Nothing in these Conditions will affect your legal rights.
- Severability & Waiver – Each of the provision of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law. No waiver by us of any breach of these Terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
- Indemnification – You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Site, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. We reserve our right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
- Entire Agreement – These Terms and Conditions and any Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
- Termination by You: You may terminate this Agreement at any point in time.
- Consequence of Termination – Upon termination of this Agreement for any reason We will block Your access to the Site.
- Our Right To Vary These Terms And Conditions – We have the right to revise and amend these Terms and Conditions from time to time for any reason, including: (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. You will be subject to the Terms and Conditions in force at the time that you order products, unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or previously placed by you).
- Other Services And Special Offers – From time to time we may offer other services, special offers, discounts and promotions together with services not specifically referred to in these Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts or promotions you agree to be bound by and comply with such additional terms and conditions.
- Notice – We may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means.
SECTION B: USE OF SITE TERMS AND CONDITIONS
- Eligibility to Use – You must be of legal drinking age to use the Site. If you are underage, please do not attempt to use the Site or make bookings via the Site. If we believe or verify that you are not aged 25 years or over, we may suspend or cancel your access to and use of the Site until you have provided us with acceptable proof of age. You will be asked to confirm your age each time you enter the Site or make a booking through this Site. By accessing the Site, you also represent that you have not been previously suspended or prohibited from accessing the Site or otherwise availing the services through the Site. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:
- You will not use the Site if you are not fully able and legally competent to agree to these Terms.
- You will not engage in any behavior which is in violation of any law in force.
- You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s’ digital signature, misrepresent the source, identity, or content of information transmitted via the Site, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds.
- You will not infringe or try to infringe our or any third party’s intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights.
- You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libelous, defamatory or which discloses private or personal matters concerning any person.
- You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, pedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner.
- You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Us if required by any law enforcement, legal or government agencies or Merchant.
- You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or features that prohibit access to the Site in any manner or enforce limitations on the use of the Site.
- You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- You will not attempt to obtain any information or content from the Site using any robot, spider, scraper or other automated means for any purpose.
- You will only use an access point or data account which you are authorized to use.
- You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time.
- Cancelling Or Suspending Your Use Of The Site – We may suspend or cancel your right to access and use the Site immediately and without notice at any time if we believe you have breached the Terms and Conditions. The suspension or cancellation of your right to use the Site shall not affect either party’s statutory rights or liabilities.
- Access To The Site, Changes & Updates – We shall endeavor to provide constant, uninterrupted access to the Site, but we cannot and do not guarantee to do so. Access to all or any part of the Site may be restricted from time to time to allow for repairs, maintenance or updating. We may update, amend, suspend, withdraw, discontinue or change all or any part of our Site and/or its content at any time and without notice. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, unless otherwise stated, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it.
- Intellectual Property Notice – This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together “Content “) are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used or reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.
- Third Party Content And Links – We have no responsibility for content provided by third parties and are merely providing access to such content to you. Save as required by law:
- we have no obligation to verify the content of such information or to edit any such information provided by third parties; and
- we have no control over such content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
- Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses or damage whatsoever that may be incurred as a result of any linking to the same.
- Viruses – We do not guarantee that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. You should therefore use your own virus protection software. You agree that you will not knowingly introduce to our Site viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.