1. RIGHTS TO CHANGE THESE TERMS & CONDITIONS
We reserve the unilateral right to revise these Terms from time to time and at any time without providing any intimation to you and in our sole discretion. We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms, and other policies.
2. CHANGES OR UPDATION TO THE WEBSITE & ITS CONTENT
In order to optimize and improve your experience, we may update the Website from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.
3. ELIGIBILITY CRITERIA
You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use Website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian.
4. TERMS & CONDITIONS FOR USE OF SERVICES
4.2. During the registration process you are also required to submit your personal information, which may include information relating to your name, age, gender, mobile device, location etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using Website and availing the services. You also acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
4.3. If you are accessing, browsing, and using the Website or availing the services on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to these Terms, you agree to accept liability for any harm cause by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
4.4. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided on the Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Lissymoco.
4.5. Prohibited Uses. You shall not use the Website for any illegal, unlawful, unauthorized or prohibited purposes (“Prohibited Uses”) nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You will comply with all applicable laws, rules and regulations in your use of the Website. In the event you use Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in future.
5. USER-RELATED CONTENT
5.1. You retain ownership and sole responsibility for any text, messages, chat communications, billboard postings, software, photos, drawings, graphics, profiles, opinions, ideas, images, videos, audio files or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”). Therefore, you are responsible for User Content and you must ensure that you have all the rights and permissions needed to use User Content on the Website.
5.2. By using the Website you grant us a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our Website. You acknowledge that this license includes the right for us to make User Content available to other users of the Website, who may use User Content subject to these Terms.
5.3. You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.
5.4. Lissymoco does not endorse or control the User Content transmitted or posted on the Website and therefore, accuracy, integrity or quality of User Content is not guaranteed by Lissymoco. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Lissymoco be liable in any manner whatsoever for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content. You hereby waive all rights to any claims against Lissymoco for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
5.5. You hereby acknowledge that Lissymoco has the right, but not the obligation, in its sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content.
6.1. These Terms are effective unless and until terminated by either you or Lissymoco.
6.2. You agree that Lissymoco, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
6.3. You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that Lissymoco will not be liable to you or any third party for any such termination.
6.4. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Lissymoco may have at law or in equity.
7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
7.1. The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Neither we nor our affiliates, partners, directors, employers, agents, licensors or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
7.2. You agree that in no event will Lissymoco or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
(i) these Terms;
(ii) the Website; or
(iii) your use or inability to use the Website.
7.3. In no event will Lissymoco or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to:
(i) these Terms;
(ii) the Website;
(iii) your use or inability to use the Website; or
(iv) any other interactions with Lissymoco
howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or Website.
7.4. In no event will Lissymoco or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.
7.5. Lissymoco does not warrant that the access or usage of the Website will be uninterrupted, timely, secure, or error-free.
7.6. Lissymoco does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
7.7. You agree that no claims or action arising out of, or related to, the use of the Website or these Terms may be brought by you more than 1 (one) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.
7.8. Health Disclaimer. Any statements on this Website or any materials or supplements distributed or sold on this Website has not been evaluated by the Food and Drug Administration (FDA). The products on the Website are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest that you should consult with a physician before using any of our products. The results on all products available on the Website are not typical and not everyone will experience these results and the results may vary on case to case basis.
You agree to defend, indemnify and hold Lissymoco and its affiliates, contractors, employees, officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claims based upon your actions or inactions or related to your use or misuse of the Website, any violation of these Terms or any of the covenants made by you herein, which may result in any loss or liability to Lissymoco or any third party.
9. INTELLECTUAL PROPERTY RIGHTS
All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on Website is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law and other intellectual property rights. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
10. LICENSE TO USE THE WEBSITE
10.1. We grant you a limited license to access and make personal use of Website, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
10.2. Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
12. CANCELLATIONS, REFUNDS AND EXCHANGE
Please refer to our Cancellation, Refunds and Exchange Policy for details with respect to cancellations, refunds and exchange of our products on https://www.lissymoco.com/pages/cancellations-and-refunds.
13. ORDER AND SHIPPING
Please refer to our Order and Shipping Policy for details with respect to order and shipping of our products at https://www.lissymoco.com/pages/orders-and-shipping.
14. PRICES AND AVAILABILITY OF PRODUCTS
14.1. Without limiting the generality of Clause 12 (Cancellations, Refunds and Exchange), if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, Lissymoco shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service already been availed by you. In the event that an item is wrongly priced, Lissymoco may, in its sole discretion either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services availed, your offer will not be deemed accepted and Lissymoco will have the right to modify the price of the product/service and contact you for further instructions using the contact details provided by you.
14.2. Prices and availability of the products and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of Lissymoco and Lissymoco may revise and cease to make available any product/service at any time.
15. CLEARANCE SALE
The products under Clearance Sale have a limited shelf-life of 2-4 months and hence, no returns are applicable for these products.
16. NEWSLETTERS & COMMUNICATIONS
By registering your e-mail address and phone number with the Platform, you hereby expressly agree to receive communications and newsletters from us via e-mails, browser push, phone calls, SMS and, or, customized push notifications on our application, whether for any verification or towards promotional updates regarding our services and subscription plans.
17. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in New Delhi, India.
We value the trust you place in us. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information-gathering and dissemination practices.
Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie".
If you choose to buy on the Website, we collect information about your buying behaviour.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests. We may also contact you for after-sale services, to understand how your experience with us was, which would help us to improve ourself.
Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer's hard drive. The cookies do not contain any of your personally identifiable information.
Sharing of personal information
We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
Links to Other Sites
Our Website links to other websites that may collect personally identifiable information about you. www.theamericangrey.com is not responsible for the privacy practices or the content of those linked websites.
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
If you want to remove your contact information from all www.lissymoco.com lists and newsletters, please visit unsubscribe
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Sohna Road, Gurgaon
Time: Mon to Sat (10:00 to 17:00)
Please contact us with any questions regarding this statement.