Terms and conditions

Updated on 25thDecember,2019

You are requested to go through these terms and conditions thoroughly before using the websites i.e. www.la-kaza.com, www.la-kaza.in and associated mobile application platforms. By using the websites and associated mobile application platforms, you undertake that you have carefully read and accepted the terms and conditions set out here. No separate acceptance is being taken from the user(s) of the websites or associated mobile applications. If you feel any disagreement with these terms and conditions, the only option with you is to discontinue using websites.

These terms and conditions are set out by us and can be updated any time at our sole discretion.

  1. About Us:

    ODS Web Service Private Limited (hereinafter as ‘ODS’) is registered with Ministry of Corporate Affairs, Government of India and is located at Panchkula, Haryana.

    ODS provides an online marketplace and classified services (collectively the ‘Services’) through its websites www.la-kaza.com & www.la-kaza.in and its associated mobile applications platforms (collectively called ‘La-Kaza’). The word La-Kaza and Websites are used inter-changeably and carries the same meaning.

    La-Kaza is a next step in the direction of classified marketplace in the manner that it allows sellers to come, freely register and market their firsthand products / merchandise and connect with interested buyers. The usage of La-Kaza is subjected to the terms and conditions set out here.

  2. Terms:

    For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses ‘La-Kaza’ or the ‘Services’ in any manner, for the purpose of posting or browsing through the content posted by others.

    By using the ‘Services’ and the ‘La-Kaza’, you agree to conform to these terms and conditions, which may be updated time to time by ODS. In case you have any disagreement or discomfort to these terms and conditions, the only choice is to stop using ‘La-Kaza’ and the ‘Services’

2.1. Listing Policy, Content Posted& Authorization:

  • La-Kaza is an online marketplace where sellers register themselves and publish their products/ merchandise, provided they comply with the terms and conditions set out here.
  • La-Kaza does not allow any of its users to publish product or content that is against the law of the land, incites any kind of violence, is religiously discriminating, offends the feeling of any group of people, etc.
  • La-Kaza neither controls, nor is responsible for the products posted and information provided by sellers about such productson La-Kaza; or the interaction between buyers and sellers through La-Kaza or emails or telephone.
  • La-Kaza does not endorse any third party products/ merchandise. La-Kaza also has not taken any measures to confirm the reliability or/and accuracy of any detail contained in the third party classified/ advertisement/ promotional content.
  • By using La-Kaza and the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You, however, acknowledge and agree that you are responsible for the evaluation of such content for associated risks, before the use of any content. Under no circumstances,ODS or La-Kaza shall be liable for any loss or damage occurred to you due to the use of such content.
  • Although ODS / La-Kaza cannot and does not pre-screen or approve any Content posted on the website, but ODS / La-Kaza has the right, in its sole and absolute discretion, to refuse, delete or move any Content from the websites / services that it finds in violations of these Terms.
  • Furthermore, La-Kaza and the Content available through it may contain links to other third-party websites, clicking on which redirects you to these third-party websites. Once on these third-party websites, you may be subjected to the Terms & Conditions of these ‘Third Party Websites’ and other policies, on which La-Kaza has no control. La-Kaza also does not guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your usage of any such content/ information is completely at your own risk and La-Kaza disclaims all liability thereto.
  • You acknowledge and agree that you are solely responsible for the content posted by you on La-Kaza and that you have the required rights, written permissions, licenses, consent from the concerned parties, be it an organization or an individual, for posting the content on La-Kaza. That by posting the same on La-Kaza, you are not infringing upon or violating any patent, trademark, trade secret, copyright or any other propriety right. La-Kaza reserves all the rights in its sole discretion to take appropriate action, including but not limited to remove the content from websites, removing the user access from La-Kaza, etc., without prior notice to the users, if any such infringement comes to its notice or is properly notified by the affected parties.
  • Any Content posted by you on la-kaza is subjected to applicable laws and regulations and may be investigated by concerned authorities under appropriate laws and in case of any non-compliance by you, the authorities can take appropriate action and La-Kaza also reserve the right to terminate your access fromLa-Kaza including deletion of any posted data
  • You also authorizesLa-Kaza to use, re-use, and reproduce the content for the purpose of promoting La-Kaza over other third party website, electronic/ non-electronic channels, etc., to offer the facility of automatically capturing the content of your post, to any third party websites or users and while doing so La-Kaza is not liable to pay any fee, royalty, charges, etc. to you.
  • La-Kaza makes no endorsement of the accuracy of the content posted by you. You also grant each user of La-Kaza an access to your content through La-Kaza including the right to contact you through the chat provision provided on La-Kaza or other contact details provided by you on La-Kaza.
  • La-Kaza does not endorse any content, reviews, opinions, etc. posted by the users and categorically and expressly disclaims any and all liabilities with regard to the same.

2.2. Conduct

You agree not to post, upload, communicate, display, publish, etc. any content or information on La-Kaza:

  • That is in violation of the law or regulation or policy of the land;
  • In violation of any patent, copyright, trademark, trade secret, intellectual property, privacy, any other right or otherwise unless until you have proper rights, ownership or permission to do so from the rightful owner;
  • For which you do not have permission to post on La-Kaza;
  • That is potentially harmful, abusive, unlawful, threatening, harassing, degrading in nature, intimidating or hateful towards individual or any group of people, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
  • That creates disparity between individuals or group of people based onreligion, gender, sexual orientation, race, ethnicity, age, or disability;
  • That threatens the security, unity, integrity, defense, or sovereignty of India;
  • That threatens India’s relations with other countries or states;
  • That defies the authority of Government in any manner;
  • That could disturb public order and incite violence of any nature;
  • That has the potential of affecting or preventing any ongoing or upcoming investigation by the authorities;
  • That includes information related to a third person of which you have no right to publish
  • That is false, deceptive, deceitful, misleading in nature, misinformative and could cause potential harm to the individual or group of people if used or followed;
  • That assumes the identity of any third person or entity or organization including, but not limited to, anyLa-Kaza employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • That lures users to gambling, Ponzi schemes, affiliate marketing, etc.;
  • That is published in the areas/ sections of La-Kaza not meant for that content;
  • That contains links to advertisements, commercials, third party websites, except specifically allowed by La-Kaza;
  • That contains advertisement of any illegal services or items, the sale of which is prohibited or restricted or regulated by applicable law;
  • That contains software malware, virus or program designed to hamper the functioning of La-Kaza or the users;
  • That contains software program meant for copying the content posted by other users, without the explicit permission from La-Kaza;
  • That cause excessive traffic on La-Kaza with an objective to disrupt the normal operations of La-Kaza or ‘Services;

In addition to the above, you also agreeto that:

  • You shall not write or post any review or comment that is personal in nature or defamatory or demeaning;
  • You shall not contact any person or organization present on La-Kaza, if they have not allowed or permitted you or have forbidden you from contacting them;
  • You shall not post any advertisement in any section of the websites, which is not meant for it. If done so, La-Kaza reserves the right to remove that from the website or even remove your access from the website;
  • You shall not collect data or personal information from La-Kaza for any other use or unlawful purposes;
  • You shall not use any automated tools or software(s) or programs like crawlers, etc. to download the data from La-Kaza;
  • You shall not make use of any software of program for automated submission of content on La-Kaza without any human intervention.

2.3. Access to La-Kaza

Please note that ODS / La-Kaza provides you a limited &revocable access to La-Kaza. Services as mentioned under these terms and reserves all exclusive rights and has complete discretion in removing your access from the websites and services without mentioning the reason behind any such revocation.

You also agree not to gain an unauthorized access to La-Kaza either by using any backdoor software or circumventing security measures of the website.

2.4. Your Submission

You understand and acknowledge that while accessing La-Kaza and the services, you will be exposed to content posted by various users. As already stated, La-Kaza does not verify or endorses the accuracy, rightfulness, IPRs of any content available on the website, and you by registering and using La-Kaza and the services agrees and assumes all risks and liabilities related to exposure and use of such content and shall not hold La-Kaza responsible in any manner for such content.

2.5. Infringement Claim

It is explicitly mentioned that ODS / La-Kaza does not permit posting of any copyrighted or unauthorized content on the websites and is not at all liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the website, or items advertised on the website, by end users or any other third party.

If you are an owner of an intellectual property rights and believes that any Content posted on La-Kaza infringes upon your intellectual property right, you may submit a notification to La-Kaza along with necessary supporting document together with a request to delete the relevant Content in good faith in the claims of infringement.

2.6. Indemnify

You agree to defend, indemnify and hold harmless ODS / La-Kaza, its directors, officers, employees, suppliers, service providers, successors, from and against any and all damages, claims, losses and expenses arising out of

  • Your access to La-Kaza and services, and exposure to the content posted on La-Kaza;
  • Any IPR, copyright, license, trademark, privacy, etc. violation by any of the users of La-Kaza or services;

This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the website.

2.7. No Spam

The terms set out here clearly prohibits sending out of advertisement emails or any such communication, which falls in the category of SPAM, to the ODS/ La-Kaza email addresses or to the users registered over La-Kaza. The communication mechanism established by ODS/ La-Kaza between you and the other users should only be used for the purpose intended and in accordance with these terms. Any violation may lead to appropriate against the users by La-Kaza.

2.8. Rights

You acknowledge and agree that ODS reserves the right with regard to:-

  • Changing the time limits regarding availability of content posted on La-Kaza;
  • Limiting the no. of images that user can upload;
  • Various details that can be provided by the users;
  • Size of the images that can be uploaded by user;
  • Manner of accessing La-Kaza and services;
  • Discontinuing any part of the services from La-Kaza;
  • Removing any duplicate account found to be registered on La-Kaza. In such case, La-Kaza is not responsible for loss of any date that you have stored on the websites;

2.9. Intellectual Property Rights

You acknowledge and agree that the material on La-Kaza, other than the content posted by users, including but not limited to the site logo, images, software, graphics, text and the like are either the intellectual property of ODS/ La-Kaza or licensed by it for use on the website.

You shall, in no event, use or reproduce this material by modifying, distorting, photo-shopping, in any manner possible, for personal or commercial purpose. Doing so shall attract action under appropriate laws.

2.10. Interaction with Users

You acknowledge and agree that La-Kaza/ ODS is not responsible for any interaction/ communication that you may have with any of the user on La-Kaza, either through the chat medium provided by La-Kaza or any other channel.ODS / La-Kaza is not responsible, in any manner, for the payments made by you against the goods or services that you purchase from the sellers registered on La-Kaza. ODS / La-Kaza is also not responsible for the quality, condition, warranty, etc. of the products OR the behavior of the service provider, quality of service provided, etc. in any manner possible.

Any such purchase or dealing between you and the product seller, listed on La-Kaza, is solely between you and that individual or organization and ODS / La-Kaza cannot be hold responsible in manner for any loss or damage that may arise due to such interaction/ transaction between the two of you. If there arises any disputes between you and any other individual or organization listed on La-Kaza, you releases ODS / La-Kaza, its employees, successors from any and all claims.

2.11. Limitation of Liability

In no event or under no circumstances, shall ODS, its directors, employees, or associates be liable for any kind of damage, direct or indirect, occurred to any one including you, resulting from any aspect of your use of La-Kaza or the services, including without limitation whether the damage has been occurred due to your use or misuse or because of use of misuse by any other user of La-Kaza or inability to use La-Kaza due to any interruption, suspension or modifications on websites or termination of your access to La-Kaza. Such limitation shall also apply in relation to any damage occurred due to use of any advertisement / third party website links displayed on La-Kaza.

In addition to these limitations, you also specifically acknowledge and agree that ODS/ La-Kaza shall not be liable for any non-compliant or illegal conduct (as detailed out in other sections of these terms) of any of the users and any associated risk due to such conduct rests entirely with you.

2.12. Notification of Violation of Terms & Claim of Damages

In case you come across or become aware of any violation of these Terms, please report the same at info@la-kaza.com

2.13. Changes in Terms and Notification

ODS/ La-Kaza reserves the right to make any change in these Terms / Privacy policyfrom time to time, as per the legal requirement and the same shall be at the sole discretion of ODS / La-Kaza. La-Kaza may send you an intimation of such change through your registered emailID and you should make note of the "last updated date" at the beginning of the Terms.

2.14. Disputes

Any disputes with regard toyour privacy are subject to the Terms, including but not limited to any provisions related to indemnification, limitations of liability, and applicable laws.