Effective Date: May 13, 2023
CONSENT TO THIS POLICY AND CHANGES IN POLICY
During the course of the provision of the Services, Lazyclick obtains the phone number of the User as well as the User’s self-declared login name on WhatsApp, additionally, in the course of the provision of the Services, Lazyclick will receive information connected with the message provided by the User, Further Lazyclick may receive information from Third Parties in relation to the User. Lazyclick may receive further information about the User that a User may voluntarily choose to provide Lazyclick, additional information required to resolve complaints, grievances or concerns as well as usage data. In arrangements with Third Parties, Lazyclick may gain access to the applications, services and features provided by the Third Parties
TYPE OF INFORMATION NOT TO BE UPLOADED
While accessing or using the Software or the Services, User(s) shall ensure that they do NOT
host, display, upload, modify, publish, transmit, update or share any information that:
1. the User does not have a right to make available under any law or contractual or fiduciary relationship, unless the User owns or controls the rights thereto or have received all necessary consents for such use of the content.
2. is defamatory, vulgar, obscene, pornographic, paedophilic, invasive of another person’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
3. is harmful to minors and children.
4. infringes patent, trademark, copyright or other proprietary rights or intellectual property rights of any person or entity.
5. violates any applicable law, regulation or generally accepted practices or guidelines in India.
6. deceives or misleads any other user of the Application, us or any other person the origin of any messages on the Services or the Software or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
7. impersonates any person or entity, or falsely state or otherwise misrepresents the User’s affiliation with a person or entity.
8. the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offense or prevents investigation of any offense or is insulting other nation.
9. contains viruses, trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines, code, files or such other programs that may harm the Services or the Software, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
The User shall not (a) use the Services or the Software for commercial purposes of any kind, or (b) advertise or sell the Services or the Software or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Services or the Software in any way that is unlawful, or harms Lazyclick Notwithstanding the generality of the foregoing Clause, Users agree and undertake that they shall not upload any information / data on the Software, which would infringe the intellectual property rights of any third person Each User agrees to absolve Lazyclick from and indemnify Lazyclick against any and all claims that may arise as a result of any third-party claiming infringement of intellectual property rights that may arise from any User uploading any information / data on the Software.
PURPOSE OF COLLECTION AND USAGE OF INFORMATION
Lazyclick, in arrangements with Third Parties, provide an ease of login for Users to the applications and the services of such Third Parties. Towards the same, Lazyclick collects the User Information from the Users to verify the phone number of the Users and post-verification, informs the relevant Third Party of the same.
INFORMATION STORAGE AND PROTECTION
User Information is stored on our database servers or hosted by Third Parties who have
be located in India or outside India. We ensure that Data centres are designed to be
secure and protected from unauthorized access of User Information by unauthorized persons
User Information collected by Lazyclick in the provision of the Service is retained as per
arrangements with the Third Parties whose applications and services are used by the User.
stored User Information is used to facilitate access for the User for such applications and
services of the Third Parties. As part of the business functionality of Lazyclick, Lazyclick
retain and submit certain User Information to the third Parties as well as to appropriate
and regulatory authorities (when requested to do so).
Lazyclick may also disclose information in the event it is required to do so by law, rule,
regulation, law enforcement agency, governmental official, legal authority or similar
requirements or when Lazyclick, in its sole discretion, deems it necessary in order to
rights or the rights of others, to prevent harm to persons or property, to fight fraud and
We implement reasonable security practices and procedures and have a comprehensive
information security programme and information security policies that contain managerial,
technical, operational and physical security control measures that are commensurate with
to the information being collected and the nature of Lazyclick’s business. We have put in
appropriate physical, electronic and managerial procedures to safeguard and help prevent
unauthorized access, maintain data security, and correctly use the User Information We
Lazyclick shall not be responsible for any breach of security by events that are beyond the
reasonable control of Lazyclick, including but not limited to, acts of God, strikes,
other industrial action, labor conflicts or problems, acts of war or civil unrest, civil
commotion / disruption, riot, invasion, act of terrorism, acts of government, storm, flood,
fire, earthquakes, explosion, public utility failures, industry wide shortages of labor or
material, natural disaster, epidemics, pandemics (including COVID-19), lock-downs,
of the use of railways, shipping line, aircraft, motor transport or other means of public or
private transport, impossibility of use of public or private telecommunications networks or
internet service provider failures or delays.
Each User accepts and acknowledges that any User Information available with Lazyclick may
used by Lazyclick: (a) for the purpose of providing the Services available on / through the
Software; (b) in an aggregated or non-personally identifiable form for the purpose of
and analysis and for transfer of such research and analysis; (c) for communication purpose;
debugging customer support related issues; and / or (e) in anonymized form (i.e.,
identifiable) in order to help grow the business of Lazyclick. Each User hereby consents to
collection, use and disclosure.
Where any User Information is shared with Third Parties for access to the applications and
services of the Third Parties, please note that such information will be subject to the
and data protection terms of such Third Parties and Lazyclick does not assume any liability
responsibility for the same. The User is required to directly liaise with such Third Parties
relation to the use, storage, retention, removal and processing of the such User Information
such Third Parties.
TERMINATION OF ACCESS
Notwithstanding anything to the contrary:
2. where any User fails to comply with applicable law.
4. where the User commits a breach of the intellectual property rights of Lazyclick and / or any third person.
5. where Lazyclick seizes to carry on its business or the Software being taken offline.
6. where Lazyclick has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User.
Lazyclick shall have the right to immediately:
1. terminate the right of access / usage of such User to the Software and the Services
2. de-activate the account of such defaulting User
3. investigate and take appropriate action against a User for any such alleged breach
4. file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or
5. take any other action deemed appropriate, under applicable law.
NO WARRANTY FOR ACCURACY AND COMPLETENESS OF DATA
Each User hereby undertakes to ensure that any information / data uploaded through the Services shall be accurate and complete in all respects and that no false or misleading information / data shall be provided to Lazyclick. Lazyclick hereby states and each User hereby accepts and acknowledges that the Services and Software displays / transmits information on an “as-is” and “as available” basis and makes no representation or warranty regarding the accuracy or completeness of such information / data. As such, Lazyclick strongly encourages Users to check the accuracy and completeness of the information provided by them and Lazyclick does not assume any liability for any incorrectness in transmission. In case of any errors, Lazyclick shall endeavour to remedy the same. Lazyclick makes no representations or warranties (whether express or implied) and specifically disclaim any and all warranties of any kind, with respect to the Software, express or implied, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy of information (including accuracy of User Information), merchantability, fitness for a particular purpose, freedom from viruses or malware, completeness of information (including completeness of User Information), timeliness, functionality, reliability, sequencing or speed of delivery. To the fullest extent permitted by law, Lazyclick disclaims all liability arising out of the User’s use or reliance upon the Software, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Software, or any opinion or suggestion given or expressed by Lazyclick or any User.
LIMITATION OF LIABILITY
Notwithstanding anything contained in the Agreement, in no event shall Lazyclick or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents (collectively referred to as “Lazyclick Related Parties”) be liable to any person for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), litigation, settlements, fines, penalties and / or damages, including, but not limited to any: (i) direct, indirect, punitive, special, incidental or consequential damages; (ii) the cost of procurement of any substitute products / services; (iii) for loss, corruption, destruction or interruption of use of any material / data; (iv) for any loss of income, revenue, profits, business, contracts, anticipated savings, goodwill, reputation (hereinafter collectively referred to as “Claims”) arising out of or in connection with any access or use (or inability to use) the Services or the Software, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (including any damage to a User’s equipment caused by a User’s access to, use of, or browsing the Software or the downloading of any material, data, text, images, video content, or audio content from the Software), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any User Information, loss of business / revenue resulting from delays or information submitted by you not being received by Lazyclick or delayed receipt thereof, pricing issues or service interruptions whether by breach of contract, tortious behavior, negligence or under any other cause of action, or any content obtained through the use of the Services or the Software. This Clause shall be applicable despite Lazyclick having been advised of the possibility of such damages or losses. Without prejudice to the foregoing, to the extent Lazyclick provides the Services for verification to any Third Parties, Lazyclick is not responsible for examining or evaluating, and does not Lazyclick not warrant, the offerings of any of these Third Parties. Lazyclick does not assume any responsibility or liability for the actions, product, materials, items and content of all these and any other third parties. Lazyclick has implemented best market practices and security policies, rules and technical measures to protect personal data that is uploaded on the Software from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User accesses the Software and / or avails the Services, Lazyclick shall not be held liable for any loss whatsoever incurred by the User.
Each User shall defend, indemnify and hold harmless Lazyclick and the Lazyclick Related Parties (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) against all Claims brought against any Indemnified Party in connection with: (i) breach by a User of the Agreement, failure by a User to perform any covenant, undertaking or obligation under the Agreement and / or breach of any applicable laws; (ii) fraud, negligent acts or omissions, or willful misconduct of any User in relation to the Software or the provision of the Services; (iii) infringement by any User of the intellectual property rights of Lazyclick and / or any third party, while accessing / using the Software and / or the Services; (iv) any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by the User under the Agreement; (v) breach of security procedures by any User or any personnel of the User (who has been authorized to access the Software on behalf of such User); and / or (vi) unauthorized disclosure of any information / data uploaded on the Software, through any fault or action of such User and / or any claim arising in relation to availing the Services by such User. To the maximum extent permissible under law, in no event shall Lazyclick be liable to the User or to any third party for any losses or damages arising out of the User’s use of the Software or the Services, whether based on warranty, contract, tort (including negligence) or otherwise. Lazyclick does not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Software and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Services for any reason whatsoever, including without limitation, on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the reasonable control of Lazyclick.
GOVERNING LAW AND DISPUTE RESOLUTION
The laws of India shall govern the Agreement. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, and any dispute relating to any obligations arising out of or in connection with the Agreement (“Dispute”) shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat.
COMMUNICATIONS / GRIEVANCES
In the event of any grievances from access or use of the Software and / or Services, such
should immediately contact the Grievance Officer at the following:
Address: 10/259, Chandra Bhawan Bhikhampur Road Deoria, UP 274001
Kind Atten: Vishal Agrawal