APPLICABILITY OF THE AGREEMENT:
This agreement (“user agreement”) incorporates the terms and conditions for LAMI Advance solutions Pvt. Ltd and its affiliate Companies (“LAMi”) to provide services to the person (s) (“the User”) intending inquiring for any products and/ or services of LAMI Advance solutions LAMi by using its websites Mobile App or using any other customer interface channels of LAMI Advance solutions pvt. ltd. which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
Hereafter LAMI Advance solutions Pvt. ltd will be referred as LAMi, and Manufacturer or brand owners associated with LAMI Advance solutions for authentication and /or loyalty program will be referred as Associates. Both User and LAMi are individually referred to as ‘parties’ to the agreement and collectively referred to as ‘parties’.
The Users availing services from LAMi shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by LAMi for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or LAMi with respect to any services to be provided by LAMi shall be restricted to the scope of this agreement.
LAMi reserves the right, in its sole discretion, to terminate the access to any or all LAMi websites or its other information channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
Certain services (e.g. Authentication information, Loyalty Point allotment & transfer, Product Information, Manufacturer Information…) may be provided by associates & third party suppliers. In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered by LAMi like the Brand Association, Notification etc. Such TOS will be provided/ updated by LAMi which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Products & Service (for example loyalty program, usage , authentication, validity , etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules, contract of carriage or other rules.
LAMi’s Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail LAMi’s Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other LAMi document, then these terms shall control.
LAMi or Associates reserve the rights to deduct TDS as applicable on allotment/ transfer/ redemption of loyalty. Users will pay all types of tax on allotment / redemption of loyalty points, if applicable.
Any information which is specifically mentioned by LAMi as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of this agreement and the obligations of both the parties therein.
LAMi or Associates may send Product / Unique Code Authentication information, loyalty point allotment, transfer, redemption information, reply on feedback, product information, product usage information, or any such other information relevant for the purchase of product , via SMS or by voice call on the contact number given by the User at the time of app registration / unique QR code scan ; LAMi or Associates may also contact the User by voice call, SMS, WhatsApp or email in case the User couldn’t or hasn’t concluded the purchase for any reason whatsoever, to know the preference of the User for concluding the purchase and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS, WhatsApp and/ or voice call by LAMi or Associates is (a) upon the request and authorization of the User, (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. The User will indemnify LAMi or Associates against all types of losses and damages incurred by LAMi or Associates due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on LAMi or Associates with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
LAMi will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The LAMi Services are not available to persons under the age of 18 or to anyone previously suspended or removed by LAMi from availing the LAMi Services or accessing the LAMi Platform. By accepting the T&Cs or by otherwise using the LAMi Services on the LAMi Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by LAMi, or disqualified for any other reason, from availing the LAMi Services or using the LAMi Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, fraudulent usage, LAMi reserves the right to suspend or permanently prevent You from availing LAMi Services or using the LAMi Platform. The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.
LAMi is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked app / website pages. LAMi does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
The linked sites are not under the control of LAMi and LAMi is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. LAMi is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by LAMi.
The user agrees that there can be exceptional circumstances where the associates , or concerns may be unable to honor the redemption of loyalty points, accurate authentication information, due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues,. if LAMi is informed in advance of such sit
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of LAMi Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular LAMi website, then these terms shall control.
None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of LAMi Websites or its partner websites, shall be deemed to constitute a partnership between the User and LAMi and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
User acknowledges that LAMi & Associates provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the LAMi mobile app or other information channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as LAMi & its Associates notices them. Changes are/may be periodically made/added to the information provided such. LAMi may make improvements and/or changes in the LAMi websites at any time without any notice to the User. Any advice received except through an authorized representative of LAMi via the LAMi websites or app should not be relied upon for any decisions. LAMi publishes the associates information, product information, product catalog, product usage, scheme information on the behalf of the respective associate. LAMi do not endorse any such information.
In case of dishonoring of the loyalty points, the user agrees that LAMi & Associates being an agent for facilitating the loyalty point transfer / redemption services, shall not be responsible for any such circumstances and the customers / user / transferee have to contact the receiver / beneficiary directly for any further resolutions and refunds
LAMI Advance solutions and their associates are authenticating the scanned unique code / QR code associated with the product, not the product directly. Authentication of scanned code may not be fully correct may be due to technical or other factors. Authenticity of the product may differ with the authenticity of unique code depending upon factors beyond the control (eg. Outside of premises of the associates). LAMi does not store any data related to authentication process / loyalty point management. LAMi does not validate any code or manage loyalty programs. LAMi just transfers the code related to authentication / request for loyalty program to respective associates and transfers the result from associates to users. LAMi and its associates expressly disclaims all warranties of any kind, transfer / redemption of loyalty points or coupon, code authentication whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
The User agrees that in situations due to any technical or other failure in LAMi, services committed earlier may not be provided or may involve substantial modification. .
LAMi & its associates provide tentative authentication of unique code associated with the product. However, the responsibility of providing genuine products to users lies with the last point seller and any dispute regarding the authenticity of the product has to be settled between the last point seller and user.
LAMi & its Associates shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its 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 or other similar causes, problems at server/ cloud server.
Without prejudice to whatever is stated above, the liability on part of LAMi & Associates arising under any circumstances, in respect of any services offered on the app, shall be nil .
In no event shall LAMi and/or its Associates suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the LAMi app or any other channel . Neither shall LAMi or its associated be responsible for the delay or inability to use the LAMi app or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the LAMi app, or otherwise arising out of the use of the LAMi app, whether based on contract, tort, negligence, strict liability or otherwise.
LAMi is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website / app pages.
If a link to the associates /vendor specific terms and conditions is not provided here then You are expected to find them on their websites or procure them from the vendors/ associates directly through any other means. LAMi are not responsible for Your inability to access such terms and conditions or for any loss resulting from such terms and conditions or lack thereof. You agree and acknowledge that the actual contract for sale is directly between You and the Merchant/vendor/ retailer/last point sales. LAMi provides these services to You which are informational in nature. LAMi is not a retailer or agent or a last mile service provider to You and, therefore, LAMi shall not be deemed to be liable for any fault in the content/ products / loyalty point management/ listing services provided by associates or aggregator or the Merchant/vendor.
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, LAMi will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
The User is aware that LAMi provides various services like multi-brand code / product authentication, loyalty, product & Manufacturer information, product usage information, feedback and would like to learn about them, to enhance his / her app usage experience. The User hereby specifically authorizes LAMi to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to LAMi for specific exclusion at info@lamiadvancesoluiotns.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of LAMi on its website / app in accordance with which LAMi contacts, solicits the user or shares the user’s information.
LAMi may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by LAMi and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Unless otherwise specified, the LAMi services are for the User’s personal and non – commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the LAMi app & website(s) without the express written approval from LAMi.
The User agrees to indemnify, defend and hold harmless LAMi and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LAMi and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and LAMi cannot be held responsible for the same.
LAMi reserves the right to change the terms, conditions, and notices under which the LAMi websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.
LAMi hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. LAMi considers itself and intends to be subject to the jurisdiction only of the courts of NCR of Delhi, India.
The User expressly agrees that use of the services is at their sole risk. To the extent LAMi acts only as a booking information agent on behalf of third party service providers & associates, it shall not have any liability whatsoever for any aspect of the standards of product quality & loyalty points provided by the service providers associates. In no circumstances shall LAMi be liable for the products/ services / quality provided by the associates. The products or services are provided on an “as is” and “as available” basis. LAMi may change the features or functionality of the services at any time, in their sole discretion, without notice. LAMi expressly disclaims all warranties of any kind, transfer of loyalty points or coupon / loyalty point Redemption whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Users will pay all types of tax on allotment / redemption of loyalty points if applicable. No advice or information, whether oral or written, which the User obtains from LAMi or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the LAMi pages or otherwise use any of the contents, pages, information or any other material provided by LAMi. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying LAMi in writing.
I authorize LAMi and associates representatives to contact me over phone, message and email. This consent shall supersede any preferences set by me through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
