Please read the following terms and conditions very carefully before using and/or accessing any page of this website, as your use of the website and/or services provided herein signifies your assent to and/or acceptance of these terms and conditions, including without limitation any subsequent modifications / revisions thereto as may be carried out by Premier Opticals Private Limited, at its sole discretion (“Terms & Conditions”). In these Terms & Conditions the terms “User(s)”, “Client(s)”, “you” and “your” refers to the person accessing the website and/or using the services provided herein (including without limitation the registered user account) and the terms “The Company”, “we”, “us”, “our”, “ourselves”, refers to Premier Opticals Private Limited and/or its subsidiaries, affiliates.
MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Lawrence and Mayo website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Lawrence and Mayo reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Lawrence and Mayo’s notice or if it is discovered that you are under the age of 18 years or otherwise incompetent to enter into a contract as per the provisions of the Indian Contract Act 1872.
#1: GENERAL
1.1. This website with the URL www.lawrenceandmayo.com (“Website”) is owned and operated by Premier Opticals Private Limited having its registered office at Kirti Manor, SV Rd, Santacruz West, Mumbai, 400054. All rights in relation to and/or arising out of this website and/or its contents, including copyright & trademark are owned by the Company and/or its Affiliates. Any use of this website or its contents, including copying or storing any data from the website (including without limitation graphics, code etc.) in whole or part without the express permission of Lawrence & Mayo is prohibited. The services offered through this website are distinct from the brick and mortar stores of Premier Opticals Private Limited, in as much as that all services offered at the stores may not be available on the website/e-store and therefore the services offered through this Website are governed solely by the terms and conditions, warranties and representations expressly mentioned in this terms and conditions.
1.2. By subscribing to and/or using and/or continued use of this Website and/or any services provided therein, You agree that You have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to and/or use the Website and/or services. If you do not want to be bound by these Terms and Conditions then, You must not subscribe to and/or use the services and/or must discontinue accessing and/or using the Website, forthwith. These Terms and Conditions, including without limitation any subsequent modifications / revisions thereto, other policies of the Company and applicable laws (including without limitation the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011) are binding upon You in law. Your continued use of the Website and/or services, after effecting changes to these Terms and Conditions by the Company, shall constitute a complete and overall affirmation and an unqualified acceptance of the modified Terms and Conditions.
1.3. Except as otherwise specifically provided elsewhere in this Website, the redistribution, retransmission, republication or commercial exploitation of the contents of this Website without the written consent of Premier Opticals Private Limited and/or any copyright owner from whom We have obtained any license (express or implied), is expressly prohibited. All rights not expressly granted herein to a User, are reserved. Downloading/copying/saving any information, content or images from this Website does not transfer any right or ownership of such information, content or images to You, and/or any other person not specifically authorized by the Company and/or such licensor and such downloading/ copying/saving shall also be subject to these Terms and Conditions. Such information, content or images shall be used solely in accordance with these Terms and Conditions and in accordance with law. You may not mirror and/or archive any part of this Website and/or any material contained in and/or posted on this Website on any server or computer without the express written permission from Premier Opticals Private Limited.
1.4. We reserve the right of any kind to change or update the policies contained herein, at any time without notice. Such changes shall be effective immediately upon posting on the Website. We reserve the right to modify the privacy statement / policy at any time, so please review it frequently. When we make material changes to privacy policy, we will upload the revised Privacy Policy on the website.
#2: user account, password & Security
2.1. Any person/user can browse the website as a guest and such person/ user need not register himself with the website. However, a user’s billing and delivery details will be stored and also the email ID will be registered the first time the user shops and at that point of time the user will receive an email from us which will contain his registered ID and password, but the same would not be required to place and order any of our products on a subsequent occasion. The User is responsible for maintaining the confidentiality of the password and account. The User is fully responsible for all activities that occur under the User’s account. You agree to (a) immediately notify the Company/ www.lawrenceandmayo.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit/ logout from your account at the end of each session. The Company and/or www.lawrenceandmayo.com cannot and will not be liable for any loss or damage arising from Your/User’s failure to comply with this Section 2.
#3: services offered
3.1. We provide the following internet based services through this Website which shall hereinafter be referred to as Services
3.2. For payment methods see clause 12. The sale/purchase of services shall be additionally governed by specific policies of sale like cancellation policy,, etc. and all of which are incorporated here by reference.
3.3. We offer the “Home Eye Test” (‘HET’) in select cities and limits. However, the services may be discontinued at any time without prior intimation.
#4: user conduct & rules
4.1. You agree and undertake to use the Website and the Services therein, in conformance with the following rules:
(a) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(b) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(c) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
4.3. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site
4.4. You agree to only post and/or upload messages/material/information that is proper and/or in compliance with the Terms and Conditions herein. You shall not host, display, upload, post, modify, publish, transmit, distribute, update, share or disseminate information that:
- belongs to another person and to which the you do not have any right to;
- is grossly harmful ,blasphemous ,defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, or racially ethnically objectionable, disparaging, relating to and/or encouraging money laundering or gambling, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others, and/or otherwise unlawful in any manner;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- harms minors in any way;
- upload files that contain software or other material; infringes any patent, trademark, copyright or other proprietary rights;
- f) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs designed to and/or which may interrupt, destroy, limit, damage the operation/functionality of the Website or another’s computer or another’s compute resource;
- g) conduct or forward surveys, contests, pyramid schemes or chain letters;
- h) download any file posted by another User of a Service that you know, or reasonably should know and/or a file which cannot be legally distributed in such manner;
- i) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- j) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- k) impersonate another person;
- l) violates any code of conduct or other guidelines, which may be applicable for and/or to any particular Service;
- m) violates any laws or applicable regulations for the time being in force, in or outside India;
- n) violates, abuses, unethically manipulates or exploits the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere; and
- o) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or may threaten public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other country/nation/state;
- p) The company reserves the right to vet the information posted on the reviews page of the site.
4.5. The Company reserves the right to filter/refuse to post any material on the Lawrence & Mayo site and/or to remove material already posted on the Website, at its sole discretion. In case of non-compliance with these Terms and Conditions, user agreement, privacy policy and/or any applicable law, The Company has the right to immediately terminate Your/User’s access or usage rights and remove non-compliant information. You must not try to re-post material which We have refused to post on the Website or have previously removed from the Website.
4.6. You will be responsible/liable for all losses, costs, expenses, damages, incurred by and/or awarded against Us as a result of Your non-compliance with the Terms & Conditions contained in this Website and/or violation of any law in force at the relevant time period, including without limitation any or all sums paid by us as a result of any settlement agreed by us arising out or in connection with any act and/or omission on Your part.
#5: privacy policy
5.1. The Company respects your privacy and Our privacy policy outlines the manner in which your personal information is collected, used and protected. You are advised to please read the Privacy Policy carefully, as by accessing the Services provided by Lawrence & Mayo and/or by using the Website, it shall be deemed that You understand, consent to and accept the privacy policy and that You agree to the collection and use of Your data by Lawrence & Mayo in the manner provided in this privacy policy. This privacy policy applies to information collected by us Our Website and not otherwise.
5.2. The information provided by a User during registration and the information available/collected from a User’s visit to Our Website, browsing history of Our Website, purchases made on Our Website and use of our Services and during HET is collected and used strictly for internal purposes. This information is used primarily for improving customer service (your information helps us to more effectively respond to your customer service requests and support needs) and to provide You useful information, respond to Your inquiries and/or other requests or questions.
5.3. Only authorized employees of the Company and the employees of the web developer can gain accesses to such information, on a need to know basis. The web developer, has implemented widely used processes intended to protect User information and maintain security of data. The servers of the web developer are located at a secured facility and the data is secured by firewall and other generally available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data. However, Lawrence & Mayo does not guarantee that such information and/or data will be secure from intrusions and unauthorized release to third parties.
5.4. The Company does not access and/or store Your Payment details (i.e. credit/debit card number, expiration date, CVV, net banking information etc.). When You make a purchase or book an appointment using your card and or net banking, all required transaction details are captured on the secured payment page and are encrypted using Industrial Strength Cipher and are securely transmitted to Your card issuer/ bank for obtaining an authorization decision. At no time during the purchase process or thereafter does Lawrence & Mayo have access to and/or store, your complete card/ bank account information.
5.5. We do not sell, trade, or otherwise transfer Your personally identifiable information to third parties, except trusted third parties who assist us in operating our website, conducting our business, or servicing You, so long as such trusted third parties agree to keep such personally identifiable information confidential. However, your personally identifiable information may be released if, in our bonafide belief, it is appropriate and/or necessary to release such personally identifiable information for compliance with law, to enforce Our Website policies or protect Our rights and rights of other affected parties, to protect Our property and/or for Our safety and the safety of other Users. We may release your non-personally identifiable visitor information to third parties for marketing, advertising or other uses. Despite any representations concerning privacy, LAWRENCE & MAYO reserves the right to disclose without notice to You any information in its possession, if required by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend Our rights or property, or to respond to an emergency situation.
5.6. This privacy policy does not apply to the procedures and practices followed by entities that are not managed, owned or controlled by Lawrence & Mayo or to the people that are not engaged, employed or managed by lawrenceandmayo.com.
5.7. We reserve the right to change this privacy policy without any prior notice to You, however the latest modified policy shall be posted on the website. If you have questions or concerns regarding this statement, you can e-mail us at estore@lawrenceandmayo.com .
#6: availability of the website
6.1. Although We aim to offer You the best service possible, We do not warrant that the Services available on this Website will be uninterrupted, timely or error free. You may report any error that may occur in the availability of the Website and/or services by emailing to us at estore@lawrenceandmayo.com. We will attempt to rectify the error as soon as reasonably possible, provided the same can be rectified.
6.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities/Services/Products. We will attempt to restore the availability of the Website, as soon as reasonably possible.
#7: adVERtising & Sponsorship
7.1. The Website may contain advertising and sponsorship, the correctness or otherwise of which content/material/information is not warranted by Lawrence & Mayo and We will be not be responsible for any error or inaccuracy in such advertising and/or sponsorship content/material/information provided by such third parties. Such third parties are solely themselves liable/responsible for ensuring that content/material/information submitted for inclusion on the site complies with relevant laws and codes. The inclusion/publication of any advertisement on this Website does not imply endorsement by the Company. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
#8: LINKS TO THIRD PARTY SITES
8.1. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lawrence & Mayo and/or this Website and the Company is not responsible for the contents of any Linked Sites, including without limitation any link’ contained in a Linked Site, or any changes or updates to a Linked Site and/or a link contained in a Linked Site. The Company is not responsible for any form of transmission whatsoever received by You from any Linked Site and/or a link contained in any linked Site. These Linked Sites have been provided only as a convenience and the inclusion of any Linked Site and/or any link whatsoever does not imply endorsement by the Company of such Linked Site or any association with its operators or owners including their legal representatives, heirs, assigns etc., unless specifically stated on this Website. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
#9: HOME EYE TEST
9.1 The Home Eye Test is an eye test designed by Lawrence & Mayo and is a version of the Precision Eye Test offered in the stores. All HET are carried out by trained and qualified personnel. While Lawrence & Mayo shall endeavour to perform the HET as accurately as the Precision Eye Test, results may vary due to external factors such as unsuitable environment, lighting, testing conditions, etc.
9.2 The time slots offered on the booking page are only preferred time slots and are subject to confirmation and availability. The actual time of appointment may vary due to unavoidable circumstances beyond the control of Lawrence & Mayo. All appointments will be confirmed via SMS, email and telephone call.
9.3 Additional appointments other than the registered appointment will be subject to availability.
9.4 Lawrence & Mayo may refuse any appointment beyond the city limits or may charge a conveyance fee in certain cases which shall be intimated to the customer prior to confirmation of booking. Lawrence & Mayo reserves the right to refuse an appointment without disclosing reasons.
9.5 At present there are no fees for the HET however, Lawrence & Mayo reserves the right to discontinue the existing scheme and charge a fee without prior notice. However, bookings made under the existing scheme will continue to be covered by the scheme.
9.6 Rescheduling of appointments is possible subject to availability. Cancellations and rescheduling can be made by contacting the number provided in the confirmation SMS.
9.7 By agreeing to the present Terms & Conditions, the customer agrees to co-operate with Lawrence & Mayo and permit the staff to conduct the HET as per the defined protocols and standards.
9.8 The customer acknowledges that he/she has disclosed accurate and complete information in prescribed format and has no objection to the same being used by Lawrence & Mayo for conducting the HET and/or providing the finished product. The customer must disclose any medical health conditions and relevant habits which may affect the accuracy of the HET. Any failure to do so may result in an inaccurate HET and Lawrence & Mayo will not be held responsible for any inaccuracies caused due to such concealment of information.
9.9 The HET only covers vision testing and external eye examinations and does not cover any tests required for pathological/surgical purposes.
9.10 A prescription on the results of the HET will be provided after the conclusion of the HET.
9.11 The customer shall be shown a limited range of frames after the HET from which the customer can select a frame as per their discretion. In certain cases, the customer may be required to visit the store for customized marking and measurements to fit lenses.
9.12 If the customer selects a frame from the stock, 100% payment of the lenses shall be made at the time of placing order. Payment can be made by cash/credit cards/debit cards/digitally/netbanking.
9.13 Lawrence & Mayo is not bound to offer any promotions/offers/discounts/services which may be available at the store or online store on purchases made during the HET.
9.14All products shall carry the standard warranty as provided by the manufacturer however in special circumstances, warranty policies may differ for purchases made during HET from instore/online purchases. Return and refund policies too may differ for purchases made during HET from instore/online purchases.
9.15 Lawrence & Mayo shall only be responsible for frames purchased from Lawrence & Mayo and fittings performed by Lawrence & Mayo exclusively. Lawrence & Mayo shall not be responsible for frames and fittings made elsewhere on the basis of the prescription generated during the HET.
9.16 Any adjustments/servicing of existing frames/spectacles shall be done at the sole discretion of Lawrence & Mayo subject to availability of material and time and solely at the customer’s risk.
9.17 Final delivery date of final product is indicative and not binding.
9.18 The customer shall ensure that no damage or loss is caused to Lawrence & Mayo or to its equipment and staff due to the actions or omissions of the customer and/or relatives/agents/servants/assignees/acquaintances of the customer while the staff of Lawrence & Mayo and its equipment is at the site for conducting the customer’s HET and shall indemnify Lawrence & Mayo against such loss, damage, or harm.
9.19 The staff of Lawrence & Mayo has been trained in appropriate conduct and appropriate behaviour while conducting the HET however, Lawrence & Mayo shall not be responsible for any illegal or immoral act performed by the staff during the visit.
9.20 The staff of Lawrence & Mayo is fully vaccinated and performs all necessary COVID-19 safety protocols and regularly sanitises all equipment and its staff shall wear a mask at all times. The customer must also ensure that he maintains safety and observes all COVID-19 safety protocols. In case the customer or any other member of the household or close contact of the customer shows symptom/s of COVID-19 at any time prior to, during or reasonably after the HET, the same must be immediately communicated to Lawrence & Mayo.
#10: INTELLECTUAL PROPERTY RIGHT
10.1. The term Intellectual Property Rights shall mean and include all rights associated with copyright, trademark, patent, design and geographical indication rights as per the applicable law. The term copyright shall have the same meaning and effect as is ascribed to it in The Copyright Act, 1957 and any rules made thereunder. The term trademark shall have the same meaning and effect as is ascribed to it in the Trade Marks Act, 1999 and Rules made thereunder. The term design shall have the same meaning and effect as is ascribed to it in The Designs Act, 2000 and rules made thereunder. The term geographical indications shall have the same meaning and effect as is ascribed to it in the Geographical Indications of Goods (Registration and Protection) Rules, 2002 and rules made thereunder. All other terms (including without limitation the term infringement) shall have the same meaning as is provided in the respective statutes mentioned herein.
10.2. Unless otherwise indicated to the contrary, all intellectual property rights in the content of this Website (including without limitation the Company logo, graphics, product designs etc.) is owned by the Company and/or its Affiliates and/or Partners except in case of graphics or product designs or copyrighted material of third party Products. All material on this site is copyrighted by Lawrence & Mayo (© Lawrence & Mayo 2013). Lawrence & Mayo logo is a registered trademark.
10.3. Any use, republication, modification or commercial exploitation of the contents of this Website, graphics, code, design, logo etc., in whole or part by You without the express permission of Lawrence & Mayo and/or any intellectual property right owner from whom We have obtained any license (express or implied), is expressly prohibited. Any authorised use of this Website and/or its contents is prohibited.
10.4. You agree that You shall be liable for any such act or omission on Your part, which in law constitutes an infringement of any patent, trademark, copyright or other intellectual property rights owned by the Company and/or its Affiliates and/or Partners and/or service providers.
10.5. You unconditionally agree that in the event You and/or any person authorised by You to use your User Account or information downloaded by You from this Website, infringe any Intellectual Property Rights of Lawrence & Mayo then You shall be liable for special, incidental and consequential damages and loss of profits accruing to Lawrence & Mayo directly or indirectly by your such act of infringement.
10.6. This clause shall survive even after termination of the contract between the User and Lawrence & Mayo.
#11: LIMITATION OF LIABILITY
11.1. LAWRENCE & MAYO, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INCONSEQUENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION CLAIMS FOR LOST DATA, DELAY AND NON-AVAILABILITY OF PRODUCT) OR, LOSS OF PROFITS THAT MAY RESULT FROM THE DISTRIBUTION, AND/OR USE OF, AND/OR THE INABILITY TO USE AND/OR THE NON-AVAILABILITY OF THE WEBSITE OR CONTENT OR MATERIALS OR PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, UNDER ANY CIRCUMSTATNCE WHATSOEVER. NOTWITHSTANDING THE SAME, IN NO EVENT SHALL THE TOTAL LIABILITY OF LAWRENCE & MAYO AND/OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OTHER REPRESENTATIVES TO THE USER/YOU AND/OR ANY PERSON, ENTITY, ASSOCIATION OF PEOPLE CLAIMING THROUGH OR UNDER YOU/USER FOR ALL DAMAGES, LOSSES, AND/OR OTHERWISE ANY LIABILITY WHATSOEVER (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO LAWRENCE & MAYO, IF ANY, FOR ACCESSING THIS WEBSITE AND/OR FOR PURCHASE OF PRODUCTS AVAILABLE ON THE LAWRENCE & MAYO WEBSITE.
11.2. WITHOUT PREJUDICE TO THE AFORESAID, LAWRENCE & MAYO AND/OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGE OR, LOSS OF PROFITS THAT MAY ARISE FROM ANY MANUFACTURING DEFECT IN ANY THRID PARTY. THE USER AGREES/ACCEPTS/CONFIRMS THAT ANY CLAIM ARISING OUT OF AND/OR RELATING TO THRID PARTY PRODUCTS HAVE TO BE MADE BY THE USER AGAINST THE MANUFACTURER DIRECTLY.
11.3. THIS CLAUSE SHALL SURVIVE EVEN AFTER TERMINATION OF THE CONTRACT BETWEEN THE USER AND LAWRENCE & MAYO.
#12: DISCLAIMER
12.1. WE MAKE NO REPRESENTATIONS OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THIS SITE OR ITS CONTENT, OR, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE EXCEPT AS SPECIFICALLY PROVIDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
12.2. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LAWRENCE & MAYO , ITS AFFILIATES, ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAWRENCE & MAYO, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
12.3. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THIS WEBSITE OR LAWRENCE & MAYO‘S COMPUTER SYSTEMS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE.
12.5. This clause shall survive even after termination of the contract between the User and Lawrence & Mayo.
#13: INDEMNIFICATION
13.1. You agree to indemnify, defend and hold harmless Lawrence & Mayo from and against any and all losses, liabilities, claims, damages, costs, expenses, suits, legal proceedings and otherwise howsoever (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Lawrence & Mayo, arising out of, resulting 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 You pursuant to these Terms. This clause shall survive even after termination of the contract between the You and Lawrence & Mayo.
#14: TERMINATION
14.1. Lawrence & Mayo may in its sole and absolute discretion suspend or terminate Your use of the Website or any Service or contract between You and Lawrence & Mayo, in particular if you have breached, violated, abused, or unethically manipulated or exploited any clause of these Terms and Conditions or in anyway otherwise acted unethically and/or illegally.
14.2. If Lawrence & Mayo terminates Your use of the Website or any Service, Lawrence & Mayo may delete any content or other materials relating to Your use of the Services and/or the Website and Lawrence & Mayo will have no liability towards You or any third party for any such act.
14.3. You and Lawrence & Mayo agree that even after termination of this Agreement/Terms and Conditions/Contract between You and Lawrence & Mayo, You shall be liable to pay for any Service or Product that you have already Ordered and/or availed of and/or for which delivery has been made and that You shall be entitled only to those payments which are deemed accrued to You as per these Terms and Conditions.
#15: GOVERNING LAW
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
#16: SEVERABILITY
If any provision herein 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 these Terms and Conditions shall continue to be in full force and effect.
#17: REPORT ABUSE
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to estore@lawrenceandmayo.com.
#18: FORCE MAJEURE
18.1. Neither party shall be liable to the other for any failure to perform any obligation under this agreement which is due to an event beyond the control of such party including but not limited to an Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, pandemic, endemic or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Miscellaneous
1. Any notice to the Company must be sent to the following address:
Lawrence & Mayo
274, Dr. D.N. Road, Mumbai
2. Any notice sent by the company to the user shall be sent at the address provided by the User in the user Account information and/or Order form, as the case may be.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If you have any queries about these terms and conditions or any complaints or suggestions regarding this Website, please feel free to write to us at estore@lawrenceandmayo.com
(Timing: 10.00 A.M. – 5.00 P.M. Indian Standard Time).
© Lawrence & Mayo 2023, All rights reserved.