Labham: TERMS OF USE
Welcome to Labham from Gods Own Goods LLP. This document is an electronic record in terms of Information Technology (Act, 2000 and published in accordance with the provisions of Rule 3 ) 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 Labham platform - www.godsowngoods.com and Labham Apps (iOS and Android) (Apps and web mentioned, hereinafter referred to as "Platform")
The Platform is owned by Gods Own Goods LLP, having its registered office at Building Gopinathavilasom, Ezhukone PO Kollam Kerala 691505 India.
Your use of the Labham Apps or Godsowngoods.com services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Gods Own Goods LLP including the applicable policies which are incorporated herein by way of reference. By mere use of the Labham Apps or godsowngoods.com, You shall be contracting with Gods Own Goods LLP, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Gods Own Goods LLP.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer or using any other services provided on Platform by providing data while registering on the Platform as Registered User. The term “godsowngoods.com”,"Labham","We","Us","Our" shall mean Gods Own Goods LLP.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Deals, Contests, Recharge, buying), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Labham Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
2. Services Offered:
Labham provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a return request, for return eligible products which are purchased at full cost of the product (without applying discounts by redeeming points) users are required to confirm that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Labham assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Labham assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. If a product was purchased after applying a discount by using Labham points, the user needs to bear the return cost and re shipping cost(if applicable) of such products.
Labham does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Business Users in Labham (a profile registered as a business) can upload deals through the Labham platform. Labham as a platform will only bring those deals to our customers. Labham will not claim any responsibility for the deals shown in the platform. It is the discretion of the customer (Normal User in Labham) to make a purchase or make payment for the said deal. After unlocking a deal if the business user is not able to provide that deal to the customer for any reason, Labham will only be able to credit back the points used to unlock that deal. Labham under any circumstances will not be liable for the deals posted in the platform. Labham can only act as a facilitator between business user and normal user in case of any disputes and will try to resolve the matter between both parties.
Business Users in Labham (a profile registered as business) can post their Campaigns through Labham.Campaign fee collected will be based on the estimated views in an area for a specific period. If we are not able to reach that many views in that period, we may refund a pro- rated amount determined by Labham App from Gods Own Goods LLP. Refund amount determined by Labham will be final. We may also consider running this beyond the end date based on time slots available until we reach the estimated views. Decision to make refund or run campaign beyond end date purely resides with Labham App.Campaigns should be approved by Labham. All campaigns should meet the Labham campaign guidelines.There will be surge price for campaigns based on the season, demand in an area, availability of time slot. Surge Price will be determined by Labham.
Contests :
Recharge :
Labham has tied up with a third party enabler for the recharge and Bill Payments. Labham is not responsible for any delay, pricing or cancellation of recharge from mobile operators end. Though, best efforts are made to keep the service above acceptance levels. User is solely responsible for the selection of mobile operators and the recharge/bill payment amount. Labham is not responsible for talk-time given against recharge done through Labham as this is purely at mobile operator's disposal.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform for various deals listed in the platform. Deals hosted by business users of Labham will be unlocked by normal users of Labham by redeeming points. Labham is not and cannot be a party to or control in any manner any transaction between the Labham’s Users. Henceforward:
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
5. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Labham has no control over such third party user generated content as Labham is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
6. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Labham does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
7. Deals:
As a registered business user, you are allowed to list item(s) for sale as only deals on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items for deals must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer (in case of online deals from social media sellers or E commerce sellers). You agree not to list a single product deal in multiple ways across various categories on the Platform. Labham reserves the right to delete such multiple listings of the same product deal listed by you in various categories.
8. E-Platform for Communication:
You agree, understand and acknowledge that Labham is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time (after applying point discounts if applicable)You further agree and acknowledge that Labham is only a facilitator for deals and is not and cannot be a party to or control in any manner any transactions on Labham except for products sold by Labham.
9. Indemnity:
You shall indemnify and hold harmless Labham, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
10.Text messages Terms and Conditions:
We provide Text Message Services to our Users and to other individuals who agree to our Terms and conditions. We or our service providers may send text messages to provide you with information you request from us, inform you of aspects of and updates to our Service that may be of interest to you, address ,recharge, collection issues, delivery, credit/debit transactions and respond to your inquiries. We may also send text messages regarding various deals/offers.
11. Trademark, Copyright and Restriction:
Platform is controlled and operated by Labham and deals are listed by individual business users. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Labham is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Labham or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes.
12. Limitation of Liability:
In no event shall Labham be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
13. Termination:
Labham may suspend or terminate your use of the Labham or any Service if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Labham chooses to terminate them.
14. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Labham make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Labham is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
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 courts, tribunals, fora, applicable authorities at Kollam, Kerala. The place of jurisdiction shall be exclusively in Kollam, Kerala.
16. Contacting the Seller:
At Labham, we are committed towards ensuring that disputes between Business Users and Normal Users are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Labham about the seller, You may proceed to do so by contacting us via means mentioned in our website.
17. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Labham. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Labham nor shall Labham have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Labham within 5 days from the alleged date of delivery of product reflecting on the Labham portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Labham disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Labham portal.
18. Cart Notification
You understand that, in the event selected products in your cart are out of the inventory, Labham may list the product at a later time. You understand that the price of the product at a later time may differ.
19. Convenience Fee
Subject to the Terms of Use and the below terms and conditions, Labham may levy a convenience fee on all low value orders on the Labham Platform and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.
20. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Sooraj Gopinath Rajendran
Designation: Chief Operations
Gods Own Goods LLP,
Gopinthavilasom, Ezhukone PO, Kollam
Kerala 691505 India
Contact us: labhamretail@gmail.com
Phone: +91-9544839604
Time: Mon - Sat (9:00 - 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking contact us on our website.