Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.landmarkcares.in website.

Lifestyle International Pvt. Ltd., a company incorporated in India under the provisions of Companies Act, 1956 (referred to herein as "Lifestyle", "we", "our" or "us") is in the business of operating large format retail outlets at various locations across India interalia, under brands "Lifestyle", "Max", “EasyBuy” and "Home Centre" format/concepts and has designed, developed and operates a website www.landmarkcares.in (or any successor site) and its related sub-domains, sites, services and tools ("Website"). The Website is provided to you for information on Lifestyle’s corporate social responsibility (“CSR”) initiatives. Lifestyle reserves the right to delete, modify, or supplement the content of the Website at any time, for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY LIFESTYLE TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

1) TERMS AND CONDITIONS:

1. These Terms of Use (the “Terms”) are between Lifestyle and user of Lifestyle’s Website. Changes in law or changes in Lifestyle’s CSR initiatives including its business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, Lifestyle encourages you to review the Terms and any other terms and condition on the Website periodically for any such changes. It is your responsibility to carefully read, agree with and accept the Terms and Website’s Privacy Policy (the "Privacy Policy") and any other terms and condition on the Website on each occasion you access, browse or use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms in their entirety. If you do not agree to (or cannot comply with) any of the Terms, do not use this Website.

2) USER CONDUCT AND CONTENT

1. You agree to comply with all legal requirements of the jurisdiction in which you are located and the laws of India with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.

2. The Website may at times provide opportunities for user to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Lifestyle a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Lifestyle desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.

3. Lifestyle will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Lifestyle is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content. You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity.

4. You further agree that you shall not host, display, upload, modify, publish, transmit, update or share any information or User Content that:

a. belongs to another person and to which the user does not have any right to:

b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

c. harm minors in any way;

d. infringes any patent, trademark, copyright or other proprietary rights;

e. violates any law for the time being in force;

f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. impersonate another person;

h. contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

5. Lifestyle does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Lifestyle the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Lifestyle and its affiliates and group companies for all claims resulting from any User Content you submit. Lifestyle and its affiliates and group companies take no responsibility and assume no liability for any User Content submitted by you or any third party.

3. USER:

1. When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required.. We may communicate with you by email or phone or other modes of communication, electronic or otherwise.

2. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms and any other terms and condition on the Website and Privacy Policy applicable to use of the Website.

4. PRIVACY

In the course of your use of the Website, we may collect certain information from you, (the "Information") which will be dealt in accordance with the Privacy Policy. Please go through the Privacy Policy available on the Website.

5. DISCLAIMER OF WARRANTIES

1. To the fullest extent permissible by law, Lifestyle does not warrant that the Website or its use will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or information available through the Website.

2. Lifestyle makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website.

3. Although Lifestyle intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Lifestyle does not represent or warrant that the Website, or its use or features available through the Website, are free from such destructive features. Lifestyle is not liable for any damages or harm attributable to such features.

4. Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Lifestyle does not warrant and cannot ensure the security or confidentiality of any information you transmit to the Website Lifestyle. Accordingly, any information you transmit to the Website Lifestyle is transmitted at your own risk.

5. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE IS MADE AVAILABLE BY LIFESTYLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFESTYLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE USGAE OR THE INFORMATION, CONTENT, MATERIALS ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIFESTYLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING,. YOU ACKNOWLEDGE, BY YOUR USE OF THE LIFESTYLE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND ANY OTHER TERMS AND CONDITION ON THE WEBSITE.

6. LIMITATION OF LIABILITY AND INDEMNITY

1. Nothing in these Terms is intended to affect your rights under law. The use of the Website is at your own risk, and unless otherwise stated in these Terms or and any other terms and condition on the Website, you assume full responsibility and risk of loss resulting from your use of the Website.

2. By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold Lifestyle, its directors, officers, employees, affiliates, group companies, Participating Websites, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website, or any action taken by Lifestyle as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Lifestyle and its affiliates and group companies and Participating Websites from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any breach by you of these Terms.

3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LIFESTYLE OR ANY OF ITS AFFILIATES, GROUP COMPANIES, PARTICIPATING WEBSITE, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF LIFESTYLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE LIFESTYLE WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO LIFESTYLE; (IV) THE PROVISION OF SERVICES BY LIFESTYLE OR PARTICIPATING WEBSITE; YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

7. GENERAL

1. Any links or references to other Internet websites ("hyperlinks") contained on the Website are provided by Lifestyle merely as a convenience to the users of the Website, and Lifestyle is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should no way be construed as an endorsement, representation(s) or promotion by Lifestyle as to the content, representations, accuracy, products or services found or otherwise described in such linked websites. Use of these linked websites is done at your own risk and consequences.

2. Except as otherwise expressly stated, Lifestyle owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Lifestyle unless otherwise noted. The Marks on the Website are variously protected by the laws of India and other countries. No use of any of these Marks may be made without the prior, written authorisation of Lifestyle. Lifestyle expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Lifestyle' or any third party's intellectual property rights. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.

3. You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires a prior written permission from Lifestyle.

4. Lifestyle reserves the right to correct any errors or omissions in the Website and to improve the contents at any time without notice. Furthermore, Lifestyle reserves the right to alter, limit or discontinue the provision of any of the services contained in this Website at any time without prior notice to you.

5. Lifestyle may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Lifestyle, in its sole discretion, believes is in violation of these Terms and any other terms and condition on the Website or any applicable law or is harmful to the interests of the Lifestyle or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2, 4, 5, 6,7.2, 7.3 of these Terms and any other terms and condition on the Website. Except as otherwise expressly stated in these Terms, Lifestyle shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

6. Lifestyle may use cookies, or other technologies, on this Website. Cookies are small files or records that Lifestyle may place on your web browser for collecting information about your activities on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used. This is intended to enhance convenience for you, and to assist Lifestyle to run an efficient operation. By accepting these Terms and any other terms and condition on the Website, you confirm your consent to Lifestyle’ use of cookies, and other such technologies, for these purposes.

7. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

8. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Lifestyle or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

9. You understand that by using this Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website at your sole risk and that Lifestyle and its affiliates and group companies or Participating Websites shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.

10. By using, downloading or using technology or software from the Website, you agree to abide by the applicable laws, rules and regulations including export control of the country and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology in violation of the law.

11. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use the Website . You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

12.The material on the Website is presented solely for information purpose in India. Lifestyle makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Lifestyle is not responsible in any manner whatsoever.

13. If you are not using the Website for yourself, you confirm that you have authority to bind any business on whose behalf you use this Website.

14. If any provision of these Terms and any other terms and condition on the Website is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and any other terms and condition on the Website shall remain in full force and effect. The failure of Lifestyle to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Lifestyle' rights with respect to such breach or any subsequent breaches.

15. Your unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

16. These Terms and any other terms and condition on the Website shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at Bengaluru. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.

17. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lifestyle as a result of your use of this Website.

18. A reference to the Website in these Terms includes the website URL www.landmarkcares.in and any successor website URLs.

19. These Terms (i) constitute the entire agreement between you and Lifestyle with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) may not be amended, terminated or waived orally, and (iii) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.

20. If you do not agree to (or cannot comply with) any of these Terms and any other terms and condition on the Website, do not use this Website.

21. Lifestyle shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties.,.

8. Grievance officer:

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Ms. Shivla Saksena
77° Town Centre, Building No. 3, West Wing,
Off HAL Airport Road, Yamlur P.O.,
Bangalore - 560 037, Karnataka, India
Phone: 080-41796565
Email: shivla.saksena@landmarkgroup.in
Time: Mon – Fri (9:00 - 17:00)

In case you have any discrepancies and grievances in connection with this Terms of Use, you may please contact the Grievance Officer mentioned above. Thank you for your cooperation. We hope you find this Website helpful and convenient to use.