Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Introduction

Your use of this website www.lykos.in (“Website”) and related tools and services therein, including but not limited to information about base metals such as Aluminium, Copper, Lead, Nickel, Tin Zinc and such other base metals as We may decide from time to time (“Product(s)”), pictures of the Products, terms and conditions and transactions that may be implemented through the Website shall be subject to the following terms and conditions (“User Agreement”) which are subject to change at any time without notice. To make sure You are aware of any changes, please review this document and all the documents referred to hereunder periodically.

By using this Website, You have expressly consented to the terms and conditions of this User Agreement and agree to be bound by this User Agreement.

Personal Information. The Privacy Policy and additional provisions in this User Agreement govern the use, storage and collection of Your Information received by Us through the Website.

The privacy of Your information is governed by the privacy policy (“Privacy Policy”) and the purchase of Products is governed by the Purchase Order Terms and Conditions. You confirm that You have also read and have agreed and accepted to be bound by the terms and conditions incorporated in the terms of the Privacy Policy and Purchase Order Terms and Conditions, which shall be deemed to be a part of this User Agreement and in the event of any conflict between the terms of this User Agreement and any aforesaid documents, the aforesaid documents shall prevail. If You do not agree to any of the terms under this User Agreement, please do not use or view this Website.

This Website is registered in the name of Lykos India Private Limited (“Lykos”), a company incorporated under the Companies Act, 1956, having its registered office at D-64, Defence Colony, New Delhi - 110024.

For the purposes of this User Agreement, the term “User(s)” and wherever the context so requires “You” shall mean any natural or legal person who accesses the Website. The terms “We”, “Us” and “Our” shall mean Lykos.

Membership Eligibility

Certain parts of this Website are available only if You register on this Website by following the registration process mentioned under this User Agreement and provided that You are an active customer of Lykos and are not subject to suspension, cancellation or disciplinary proceeding by Lykos under this User Agreement or otherwise. Without prejudice to the foregoing, You confirm that You are registering as a business entity and are duly authorized by the business entity to accept and bind Your business entity to this User Agreement. It is clarified that Users cannot purchase Products on this Website for personal consumption.

Account and Registration Obligations

Users of this Website may view the Products and related information by registering with a login ID and unique password (“Registered User”). Registration on this Website is free for all Users, You acknowledge and confirm that You are solely responsible for the maintenance of confidentiality of Your User Account, including the operation of any activity which takes place thereunder. Certain parts on this Website including without limitation purchase of Products and related services are offered only to Users with a User Account who have submitted know your customer (“KYC”) details on the Website which has been confirmed by Us (“KYC User”). The KYC information includes personal information regarding Your company including without limitation details about bank information, contact information and such other information as required by Us. By submitting Your Information on the Website, You hereby expressly consent to Us using Your Information. It is clarified that Your right to be a KYC User is subject to Our confirmation. We shall under no circumstances be liable for the authenticity of Your Information submitted on this Website as a Registered User or a KYC User. We will take reasonable measures to ensure that Your Information remains confidential, secure and is used only for the purposes of verification.

“Your Information” is defined as any information You provide Us for verification and registration under this Website or through any e-mail feature.

“User Account” is defined as the customer ID and unique password created by You on this Website.

You understand and agree to provide true, accurate, current and complete information about Yourself / Your business entity under the KYC process and as prompted by this Website during the time of registration. In the event there are any changes to Your Information, You agree to immediately intimate Us of such change in writing at help.lykos.in. If You provide any information that is untrue, inaccurate, incomplete or not current or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, We have the right to reject the order and/or suspend or terminate Your User Account.

Upon being successfully registered as a Registered User or a KYC User, You consent to receiving periodic newsletters from Lykos on the e-mail address provided by You.

Territory

Unless otherwise specified, the purchase of Products is strictly restricted to the territory of India.

Purchase of Products

The Products may be purchased by You on this Website by entering and submitting the details in the Product purchase form (“Purchase Order Form”) available on the Website after selecting Your Product(s) and accepting the Purchase Order Terms and Conditions available on the Website at www.lykos.in. Purchase Order Terms and Conditions include detailed terms and conditions pertaining to the purchase, payment, cancellation, refund, replacement and delivery of the Products. We recommend that You read the Purchase Order Terms thoroughly before making any purchase.

Fraudulent use of Website

Any fraudulent use of this Website or applicable payment method to purchase the Products, which causes any monetary loss to Lykos as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, Lykos reserves the right to initiate legal proceedings against You for the fraudulent use of this Website or for any other unlawful act or omission in breach of this User Agreement.

Pricing and Availability of Products

Lykos reserves the right, at its discretion, to change the prices and availability of the Products from time to time details of which will be effective from the time of its posting on the Website.

We have taken due care to ensure accurate Products and pricing information on this Website. In the event there is any error in the pricing of the Products or typographical error on the availability and Products information, We shall have the right, at Our discretion, to either contact You for instructions or cancel Your order and notify You of such cancellation on the e-mail address provided by You.

Electronic Communications

When You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID.

You agree and confirm:

  1. That You will use the Website and Products for lawful purposes only. By accepting this User Agreement and using the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines.
  2. That You are a duly incorporated, established or registered, as the case maybe, a resident of India, holding a permanent account number (“PAN”) in India.
  3. That You are solely responsible for taking delivery of the Products or any inconvenience or delay caused thereto, on account of Your inaccuracy or mistake, including but not limited to You providing Us with a wrong name or identity of Your authorized personnel taking delivery of the Products or any other incorrect information. You will indemnify Us for any losses incurred as a result of such inaccuracy or mistake may be claimed from You.
  4. That You will not interfere with the proper working of the Website, or with any other person’s right to use this Website.
  5. That You are accessing this Website voluntarily and transacting at Your sole risk and are using Your best and prudent judgment before entering into any transaction through this Website including in relation to usage of the Products etc.
  6. That You shall be responsible for checking Product description and other related information before placing an order. By placing an order for a Product You agree to be bound by the Purchase Order Terms and Conditions.

Use of Website

You shall not use or assist any other person to use this Website for the following purposes:

  1. Disseminating, whether in electronic or non electronic form, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  3. Breaching any applicable laws;
  4. Accessing, reproducing, distributing, broadcasting, displaying, storing electronically or otherwise, transmitting any content on this Website or part thereof, including but not limited to the information about the Products sold on the Website, graphical images, text, video clips, reprographics, sounds, demos, patches, other files and intellectual property rights that are owned or controlled by Lykos (“Content”), for any unlawful use and/or selling such acquired content for a commercial gain, without Our prior written consent;
  5. Accessing or attempting to access any account other than Your User Account or any other computer system;
  6. Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the software on this Website; and/or
  7. Gaining or attempting to gain unauthorized access to any part 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 or any other illegitimate means.

Objectionable Material

You agree to use this Website and enter into a transaction to purchase the Products at Your sole risk and that to the fullest extent permitted under applicable law, You agree to waive, any legal or equitable rights or remedies You may have against Lykos in relation to the Website and the Content that may be deemed inaccurate, offensive, indecent, or objectionable to You.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India and the courts at Mumbai shall have the sole and exclusive jurisdiction to entertain any disputes that may arise hereunder, subject to the dispute resolution mechanism in the succeeding paragraph.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Lykos on or through this Website, any blog, Facebook, Twitter or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of this Website or purchase of the Products (collectively, the “Comments”) shall be and remain the property of Lykos. Such disclosure, submission or offer of any Comments shall constitute an assignment to Lykos of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, Lykos owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Lykos shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. Lykos is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; and/or (3) to respond to any Comments. You agree that any Comments submitted by You to this Website, any blog, Facebook, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including Lykos. You further agree that no Comments submitted by You to this Website shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Lykos may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Lykos the right to use the name that You submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments you make and You agree to indemnify Lykos for and against all claims resulting from any Comments You submit. Lykos takes no responsibility and assume no liability for any Comments submitted by You or any third party.

Copyright & Trademark

You agree and confirm that:

  1. All copyright, database right and all other proprietary rights, title and interest in all Content presented on this Website (“IP”) is owned by and/or licensed to Lykos or owned by and/or licensed to the manufacturer of the Products and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
  2. No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.
  3. Your use of this Website does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Lykos, the manufacturer of the Products and/ or any third party, whether implied or otherwise.
  4. Lykos shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or their content.

Indemnity

By accessing this Website, You agree to defend, indemnify and hold harmless, Lykos, its employees, directors, officers, agents and successors-in-interest and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result (i) in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to any wrong information provided by You while collecting the Products; or (ii) in relation to the non-fulfillment of any of Your obligations under the User Agreement; or (iii) arising out of Your violation of any applicable laws, regulations including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation or loss; or (iv) in relation to Your fraudulent use of the payment method on this Website. This clause shall survive the expiry or termination of the User Agreement.

Suspension and Termination

Without prejudice to any other right, We have the right, at Our sole discretion, to terminate Your registration or restrict, suspend or block Your access to certain parts of the Website, if there is a breach of the terms of the User Agreement or if there are reasonable grounds to believe that You have breached any of the terms under the User Agreement. You understand that consequent to termination, You will not be allowed to access the Website, unless otherwise agreed or permitted in writing by Us.

Limitation of Liability and Disclaimers

The Website, Product and Content are provided by Us on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title and non-infringement. Without limiting the foregoing, We make no warranty that (i) the Website, Content or the Product will meet Your requirements or Your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or Content will be effective, accurate or reliable; (iii) the quality of the Website or Content will meet Your expectations; or that (iv) any errors or defects in the Website or Content will be corrected. No advice or information, whether oral or written, obtained by You from this Website or any e-mail feature shall create any warranty not expressly stated in the User Agreement. Further, We shall not be liable for any typographical error in the Product description, price or availability or for any technical error which You may experience on this Website or for any reason beyond Our control. The User understands and agrees that any Content or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such Content or data. We shall not be liable in any form or manner whatsoever for infringement of any intellectual property rights of the Content on the Website.

To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, consequential or exemplary damages, (including without limitation, lost revenues, profits, savings or business, or contribution), whether in an action based on contract, warranty, strict liability, tort (including without limitation, negligence) or otherwise, arising out of or in connection with this Website, or the User Agreement, even if We have been informed in advance of the possibility of such damages or such damages could have been reasonably foreseen by Us.. Without prejudice to the generality of the foregoing, You agree that the aggregate liability of Lykos to You for all liabilities arising out of this User Agreement and use of the Website, whether in tort or contract is limited to the total amount paid by You to Us for the Product in relation to which the dispute arises.

Force Majeure

We shall not be held liable for any of its obligations under the User Agreement due to reasons beyond its control such as down time of servers, viruses, strikes, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.

Changes to the User Agreement

We may at any time modify and/or amend the terms of this User Agreement without any prior notification to You. In the event of any such modification of or amendment to the User Agreement, the latest revised version of the User Agreement shall be posted on the Website and shall become effective from the time of posting. You must regularly review this User Agreement and in the event the modified or amended terms and conditions of the User Agreement are not acceptable to You, You should discontinue using the Service and any other services offered on and/or through this Website. Your continued use of Website will constitute Your acceptance of the latest revised User Agreement.

Entire Agreement

If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement including the Privacy Policy and Purchase Order Terms and Conditions constitute the entire agreement between You and Lykos in respect of the purchase of Products and related services. Our failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Dispute Resolution Mechanism

In the event the Parties are unable to resolve any dispute, such dispute shall be submitted to final and binding arbitration at the request of either of the Parties upon written notice to that effect to the other.

Such arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 and shall be held at Mumbai. All proceedings of such arbitration shall be in the English language. The arbitration shall be conducted by a sole arbitrator to be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. If the Parties are unable to mutually agree upon the sole arbitrator within 30 (Thirty) days from the date a party raised a dispute, the arbitration panel shall consist of 03 (Three) arbitrators, with the Us and You entitled to appoint one arbitrator each and the two arbitrator’s so appointed shall appoint the third arbitrator.

Contact Us

In the event You wish to contact Us for any reason related to the use of the Website, Products or User Agreement, please contact Us at help@lykos.in.