1. Description of Service
In accordance with these Love to Have Business/Store Listings Terms and Conditions (referred to as the “Agreement” or “S.O.”), Love to Have Info Tech Pvt Ltd, shall display on the Love to Have Site or App one or more of the following on the applicable listing page of the Customer’s business: a link to the official URL’s, the phone number, and a link to the store’s website , from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”). Love to Have makes no guarantees as to the effectiveness of creating a Business/Store Listing.
Love to Have Business Listings is a subscription product that helps shoppers worldwide to reach your platform by providing localised contact details such as links to your website or products you sell, phone numbers, email addresses and store location. It is a powerful tool to help businesses market to consumers and spread the word about their brand. However, we also encourage Business/Store owners to explore additional mutually beneficial business relationships with other platforms and believe that both of these types of relationships can help drive business to Business/Store owners.
“Store Board” means a product platform/product listing board created within Love to Have platform that is purchased by Customer in addition to a product listing subscription.
“Store Board” shall be defined as a listing which includes one or more of the following listed on the Love to Have Site/App: a) Link’s to an official URL for the store, b) a phone number, c) link to the property’s email address d) link to the stores location and e) Link’s to products sold by the store
“Business / Store Listings Order” means the record generated by Love to Have sent to the Customer setting out the terms of the Business/Store Listing.
“Customer” or “You” means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business / Store Listings Order.
“Deliverables”means one or more of the following that Customer can choose one or more of the following to add to a Business Listing: the official URL, link to the store’s email address, phone number ,store location or products
“Effective Date” means the date that the Business Listing is initially displayed on the Love to Have Site/App and as recorded in the Business Listings Order (unless otherwise agreed between the parties).
”Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency), which may be renewed in accordance with these terms.
“Love to Have Site/App” means www.lovetohave.in and all active country code TLD extensions .
3. Sales Order Rules
4. Business/Store Listings
Love to Have reserves the right, without liability, to reject, remove and/or cancel any information in the Business/Store Listings that contain content or links which do not meet Love to Have’s specifications, at Love to Have’s sole discretion. Love to Have may redesign the Love to Have Site/App at its sole discretion at any time. Customer agrees to the following:
a) Customer hereby grants Love to Have and its affiliates the right to display Business/Store Listing information on the Love to Have Site/App, and any other Love to Have Media Group branded Web sites, partner web sites, and emails that are related to the Love to Have’s group. Failure by Love to Have to publish any Business/Store Listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
b) Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business/Store Listing and shall give Love to Have the right to immediately terminate the applicable Agreement;
c) Customer shall be solely responsible for the content provided to Love to Have for the Business/Store Listing (including but not limited to a promotion or offer) and any web site linked to from such information, and Customer shall indemnify Love to Have for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to Love to Have that at all times,
(i) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked);
(ii) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party;
(iii) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this S.O. does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (iv) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
e) Public Announcements. Customer hereby grants Love to Have permission to publicise the fact that it is a Business/Store Listing customer of Love to Have in a press release. Customer shall not use, display or modify Love to Have’s trademarks in any manner without the prior written consent of Love to Have.
5. Privacy and Compliance
6. Payment Terms and Calculations
Where Customer purchases a Business/Store Listing subscription, Customer acknowledges and agrees that this is on the basis of a recurring payment, and that payments shall be made to Love to Have by the method selected by Customer at the recurring intervals until the subscription for Business/Store Listings is terminated by Customer or Love to Have in accordance with this Agreement. Customer agrees that the same method of payment must be used for all business services purchased by Customer under the same account, unless otherwise notified by Love to Have. Accordingly, if Customer makes a change to its selected payment method for Business/Store Listings, this will effect a change to the payment method for all other services. Customer’s authorisation to debit its bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorisation for the same method of payment for all other services ordered under the same account. Customer shall be charged for the Business/Store Listing from the Effective Date. Customer shall pay Love to Have upfront or in regular instalments (as applicable) for – display of Business/Store Listing information. If Love to Have agrees to receive payment by quarterly, half yearly or annual instalments, Customer must pay Love to Have every quarter, half year or yearly as applicable, in advance. In addition to any other rights, Love to Have may immediately remove Customer’s Business/Store Listing information in the event that it detects some form of misuse within such time period. All sums payable by Customer to Love to Have under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate. Business/Store Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing.
Although Love to Have may choose to send a reminder email prior to charging a Customer for a renewal fee, Love to Have is not responsible for notifying a Customer of this automated renewal. If You miss any payment owed to Love to Have or if a credit card is expired or otherwise fails to authorise, the BusinessStore Listings service may be discontinued without notice. Rates for Business Listings are calculated based on multiple factors including, but not limited to, the number of products of the Customer’s store and the number of page views for the Customer’s Business/Store Listings. If at any time, Love to Have becomes aware of the fact that the store has more products than were indicated when the S.O. was signed (if applicable) and payment was made, the Customer will be notified of the accurate rates on the correct amount of products and the balance owed, and such misrepresentation shall be considered a material breach of this Agreement. If the Customer does not pay this balance within 7 days of notification, the Business/Store Listing may be cancelled without a refund.
7. Effective Date, Cancellation, Switching and Add-Ons
7.1 Effective Date: Unless Love to Have notifies the Customer otherwise, this Agreement is effective upon the Effective Date.
7.2 Cancellation: A Customer may cancel its Business/Store Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:
a) Subscription Terms of 6 months or less If a Customer requests the cancellation of this type of Business Listing subscription at any time during the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Business Listing fee, in respect of the unused portion of the subscription, unless the Subscription Term is three months, in which case Customer shall not be entitled to a prorated refund.
If a Customer requests cancellation at any time after the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be not be entitled to any refund of fees paid.
b) Subscription Terms of more than 6 months: If a Customer requests the cancellation of this type of Business/Store Listing subscription at any time during the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund for that Subscription Term, in respect of the unused portion of the subscription, unless Customer pays in quarterly instalments, in which case Customer shall not be entitled to a prorated refund in respect of the monthly billing period during which cancellation is requested. If a Customer requests cancellation at any time after the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be liable for payment of Business/ StoreListing fee for that Subscription Term.
UPON TERMINATION OF THIS AGREEMENT, CUSTOMER’S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES. NEITHER LOVE TO HAVE NOR ANY OF ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD-PARTIES, IN RESPECT OF TERMINATION.
7.3 Switching: If permitted by Love to Have, a Customer may switch from one type of Subscription Term to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.
7.4 Add-ons: if Customer purchases an Add-on, it shall expire, renew and be cancelable on the same terms as the Business/Store Listing subscription to which it relates.
8. Liability, Warranty & Indemnity
a) LOVE TO HAVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE LOVE TO HAVE SITE/APP OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE LOVE TO HAVE SITE/APP.LOVE TO HAVE DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL LOVE TO HAVE OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR/INR AMOUNT ACTUALLY RECEIVED BY LOVE TO HAVE FROM CUSTOMER FOR THE SPECIFIC BUSINESS/STORE LISTING INFORMATION AT ISSUE.
b) Customer agrees to defend, indemnify and hold harmless Love to Have and each of Love to Have’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Customer’s advertisement, except to the extent that such claims directly resulted from the gross negligence or wilful misconduct of Love to Have.
9. Jurisdiction & Venue
This Policy shall be governed by and construed in accordance with the laws of India. Any dispute or claim arising out of or in connection herewith, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. The arbitration tribunal shall comprise of a sole arbitrator appointed by Love to Have. The place of arbitration shall be Bengaluru, India and the arbitration proceedings shall take place in the English Language.
10. General Provisions
No joint venture, partnership, employment, or agency relationship exists between Customer and Love to Have. Love to Have will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. Customer may not assign its rights hereunder to any third party unless Love to Have expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business/Store Listings subject matter of this IO. All notices to Love to Have relating to any legal claims or matters must be made in writing to Love to Have, Attn: General Counsel,330,10th A Main,3rd Block, Jayanagar, Bangalore, KA 560011, India. Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party’s attorneys and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that Love to Have may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Business/Store Listings. Love to Have may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email.
Unless otherwise stated in the notification or unless Customer cancels its Business/Store Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.
Revised: January 1, 2019