TERMS OF SERVICE AGREEMENT
LAST REVISION: [14th August 2018]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.thelaunchbuddy.com] (the “Website”), Launch Buddy E- Solutions LLP (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [The Launch Buddy] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [The Launch Buddy] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [The Launch Buddy] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [The Launchbuddy] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct [The Launch buddy] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [The Launch buddy] and its designated in house or third party call team(s).
Opt Out Procedure: We provide easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive.
Proprietary Rights. [The launch Buddy] and the Vendors selling through The Launch
Buddy have the proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by us. The Launch Buddy also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. The Launch Buddy does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that The Launch Buddy does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. The Launch Buddy does not endorse the contents on any such third-party websites. The Launch Buddy] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; The Launch Buddy is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from The Launch Buddy or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant The Launch Buddy] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The Launch Buddy does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Launch Buddy is not liable for any damage or harm resulting from any posts by or interactions between users. The Launch Buddy reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Launch Buddy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, The Launch Buddy MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
The Launch Buddy ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
The Launch Buddy WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless The Launch Buddy and any of its contractors, agents, employees, officers, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to The Launch Buddy. When The Launch Buddy is threatened with suit or sued by a third party, The Launch Buddy may seek written assurances from you concerning your promise to indemnify The Launch Buddy; your failure to provide such assurances may be considered by The Launch Buddy to be a material breach of this Agreement. [Business Name] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Business Name] choice at its expense. The Launch Buddy will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend The Launch Buddy against any claim, but you must receive The Launch Buddy prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
The Launch Buddy believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to The Launch Buddy privacy policy, incorporated by reference herein, that is posted on the Website.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. The Launch Buddy will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. The Launch Buddy may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and The Launch Buddy and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of The Launch Buddy to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [Kanpur, Uttar Pradesh]. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor The Launch Buddy will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Uttar Pradesh. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. 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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. The Launch Buddy reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and The Launch Buddy may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, The Launch Buddy reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until The Launch Buddy chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. The Launch Buddy makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [The Launch Buddy may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Shipping Policy
We at The Launch Buddy know how important it is to receive your purchased products in the finest
condition, and on time. So we use a large network of couriers to deliver your products to you as early as
possible.
Depending upon the location, the product is delivered to you in 7-8 workings days after it has been
dispatched from our warehouse.
Free shipping is available on all products, subject to a minimum order value. A Non-Refundable
charge of Rs. 70/- will be applied to all orders below Rs. 500/-
The whole order amount including any delivery charges will be refunded if the order is cancelled or
lost in transit by us.
How can I track the delivery of my order?
All The Launch Buddy items are delivered through reputed courier partners who will provide you with a
Tracking ID for your order by which you can track your delivery on the respective websites of our courier
partners. We email you the tracking number after we dispatch your order. You can also see the tracking
number in your order history panel in your account when you login.
Return Policy
The Launch Buddy.com has a friendly return and refund policy to ensure your online purchase is free of
stress. We offer “100% Buyer Protection Program” for our valued customers. We do not release your
payment to the seller till the products are received by you. We are always with you, before your purchase
and after your purchase. We are not perfect but we have ensured hard that our refund/return policies do not
bring any ugly surprises to you post your purchase.
What is The Launch Buddy ’s Return Policy?
Our “100% Buyer Protection Program” allows for easy returns and refunds for:
Products which you received in “Damaged/Defective/Broken” condition.
Products not as per description/photo on the website.
Products which you may not like for quality, color and design related issues.
All the products must be returned in the original condition they were received in along with any bills and
labels. Please follow the below given steps to register your dispute within 3 days of receipt of the product.
Disputes registered after 3 days of delivery may not be entertained by sellers.
Consumable products like food and beverages, bath and beauty products and bulky items like
furniture/statues/paintings/temples (mandir) cannot be returned. Custom stitched products cannot be
returned.
How to raise dispute for an order?
1. Send an email to Thelaunchbuddy@gmail.com with images of broken/defective/damaged products
within 3 days of delivery. We need photos of the damaged/defective/different products received so
that we can verify the exact issue and forward the same to the seller. Please mention your order
number in the email.
2. Please allow the seller seven days to respond to your return request and provide instructions on
returning your item. Once the seller reviews your return request, you will receive an e-mail with
instructions on resolution or address to return your item.
3. After you receive an Email confirmation for return of the goods, you will have to self-ship the
product(s) back to us, to our Returns Department. We recommend using an online traceable courier
service for returning your items.
Shipping Address for self-ship product/s:-
The Launch Buddy
117/K/13, Flat No. 204, Anand Tower
Sarvodaya Nagar,
Kanpur 208025
4. When you’re returning an item that was damaged/ defective or due to an error on the seller’s part,
you will be compensated for return courier charges. You will be paid flat Rs. 70 voucher which can
be used to buy any of The Launch Buddy products for next 3 months. The same is subject to your
returns being inspected and quality checked on receipt in our warehouse. Please pack well when
you are returning the product so that it reaches the seller in good condition.
When will I be refunded?
Once your product is received, we will credit the amount back to your Bank account within 10 working days (exclusive of
Saturdays, Sundays and Bank Holidays).
Cancellation Policy
The Launch Buddy.com reserves the right to cancel any order, as per the circumstances where the
requirement could not be met.
Customer can cancel the order within 24 hours.
CONTACT US
LAUNCH BUDDY E SOLUTIONS LLP
117/K/13, Anand Tower Flat 204, Sarvodaya Nagar Kanpur 208025
+91-9839361914
info@thelaunchbuddy.com