TERMS OF USE AND SERVICE
Any access to the Platform (as defined hereinafter) and all Services (as defined hereinafter) offered to
you (hereinafter referred to as “You”, “Your”, “User”) by Lostalittle health solutions private
limited, a private
limited company incorporated under the provisions of the Companies Act, 2013 and having its registered
19-8-1, VKR puram,Nagari,chittoor,Andhra Pradesh-517592, India, and/or
its affiliates, subsidiaries, associates and partners (hereinafter referred to as "We" or
"Us" or "Our"
or “Company”) through its Platform (as defined hereinafter) are subject to the Terms of Use and
Service
(hereinafter referred to as "Terms") as specified herein.
These Terms, as updated or modified from time to time, constitute a binding agreement between You
and
Company and shall govern the relationship between You and Company with respect to access to Platform
and
Services. You must read, understand and agree to, and be bound by, the Terms for accessing the
Platform
and Services. You must not access the Platform or Services, in any manner, in case You do not
expressly
accept these Terms in its entirety.
1. AGREEMENT
- These Terms govern the relationship between You and Company with respect to Your access to the
website “www.lostalittle.com” and its associated mobile-based web applications (hereinafter
collectively referred to as the “Platform”), where such Platform is a proprietary platform owned by
Company, and whereby counseling services and listener sessions (hereinafter “Services”) are offered
and provided to the User by connecting the User with the registered counsellors and
emotional-wellness experts (“Counsellor(s)”). The Services shall include all the services and
offerings as may be offered by the Company on the Platform.
- These Terms along with privacy policy (hereinafter “Privacy Policy”) as may be notified and updated
from time to time by the Company, constitutes a binding agreement between You and Company. You must
read, understand and accept all the provisions envisaged under these Terms and Privacy Policy before
accessing the Platform and/or Services in any manner. You understand and agree that Company reserves
the right to modify or update these Terms and Privacy Policy at any time without needing to serve a
prior notice upon You or taking Your approval. Any such modification or update in the Terms and
Privacy Policy shall be effectuated immediately upon its posting on the Platform. You must accept
the Terms and Privacy Policy so modified or updated to continue accessing the Platform and Services.
In case You do not accept the Terms and Privacy Policy so modified or updated, You must cease to
access the Platform and Services forthwith, and shall terminate Your Membership (as referred to
hereinafter) and inform Company immediately. If case You continue to access Platform and Services
after any modification or update to these Terms and Privacy Policy, it shall be assumed that You
have agreed to such modification or update, and be bound by the same. The Privacy Policy can be
found on the Platform by the User.
2. MEMBERSHIP
- To access the Services, You must apply on the Platform for registration as a registered member
(“Membership”) of the Platform. The process of registration may be found at the relevant
section for
the purpose on the Platform.
- Your application towards Membership shall be deemed as You having expressly agreed to these Terms
and Privacy policy, and also to other rules, guidelines, policies, terms and conditions concerning
the Services, as may be notified on the Platform and updated from time to time, and therefore, shall
be bound by the same at all times. Your Membership, its approval and resulting access to the
Services shall be subject to the sole discretion of the Company, and the Company shall reserve the
right to terminate Your Membership without serving any notice based on subjective judgement and
reasons.
-
Without prejudice to the foregoing, the Membership and access to Services shall only be allowed to
any person above the age of 18 years, and only where such person is competent to contract under the
Indian Contract Act, 1872 and other applicable laws. The Company reserves the right to verify Your
competence to contact, resulting in You being the registered member on the Platform and accessing
the Services, by requesting for specified documentary proof in this behalf, and shall also reserve
the right to impose a ban in the event any documentary proof is found to be false.
-
You agree that Your Membership shall be guided by the registration process stated within the
relevant section on the Platform and for the purpose, You may be required to submit certain
specified personal information, which while submitting You must undertake the same to be true,
correct, updated and complete. The Company shall not acknowledge Your Membership request in case You
fail to submit any of such personal information. Further, You agree to communicate to the Company of
any subsequent change or update in any personal information so submitted by way of modifying such
information within the relevant section your account on the Platform, or by contacting the Company
at hello@lostalittle.com.
-
Notwithstanding, any person requesting Membership shall, at all times, be bound by the applicable
laws in India and in the jurisdiction in which such person is situated. The Company shall not be
liable, in any manner, towards violation of any such applicable laws by the person requesting
Membership. Neither Company, nor any Counsellor or any other third-party providing any content or
service on the Platform, nor their affiliates or related agents shall be responsible and liable for
any direct or indirect, incidental or consequential, injuries or damages that can arise as a result
of the use of, or inability to use, the Platform or Services by any person who is incompetent to
contract under the applicable laws.
-
You acknowledge and agree that We are not obligated to cross-check or verify any of Your information
submitted and hence, We do not take any responsibility for any consequences or outcomes that may
result from You providing false, incorrect, incomplete, concealed or irrelevant information to Us.
Therefore, You are required to provide Us with complete and authentic information to the best of
Your knowledge to access Our Platform and Services. Also, You should not be a politically exposed
person or convicted of any crimes. You should not be on the UN sanction list/ work for UN sanction
list.
3. ACCOUNT OPERATIONS
- By successfully completing Your registration for Membership on the Platform in accordance with the
specified guided registration process, You shall be registering your phone number and creating Your
unique login name and password, which shall form the mandatory submission by You every time You
intend to access the Services, and to prove Your identity, vis-a-vis, the Platform.
- In case any information or document submitted by You during the process of registration for
Membership is found to be false, Your registration along with Your account associated with such
registration may be suspended or terminated by Us, at Our discretion, without any prior notice. We
shall not be liable towards, or be obligated towards, in any manner, for any loss incurred to You
owing to account so suspended or terminated.
-
You acknowledge and agree that the Company may require You to re-verify Your credentials by
re-submission of specific documents and information on a periodical basis.
-
You must register Yourself only once with correct credentials, and shall not make more than one
account on the Platform, that is to say, You shall access the Services only through one Membership
account. You are also prohibited from using Membership account of someone else to access the
Services. In the event, You are found to be accessing the Services through someone else’s Membership
account, You may be barred by Us, for present and future, from accessing the Services, and also, We
may, at Our discretion, terminate all the accounts associated with You or such other person without
any prior notice. Further, You shall solely be responsible for any damage or loss incurred to any
such third-person whose Membership account may be used to access the Services.
-
By registering Yourself and by accessing the Services, You hereby agree to not share or distribute
Your password and/or other account information to any third-person, that is to say, only You shall
be authorized to access Your Membership account and the Services. We shall not be responsible for
any loss or damage that may occur to You owing to such sharing of password and other account
information. You shall solely be responsible for all the activities on the Platform through Your
Membership account. You understand and agree that We shall not incur any liability resulting from
You providing any information to any third-person which may result in Your account on the Platform
being exposed or misused by any such other person or any other harm or loss being suffered by You.
-
You undertake not to impersonate another person, or user of Our Platform, or attempt to get a
password or any other account information not belonging to You for accessing Our Services. In the
event, We have reasonable grounds to believe that You have violated Your undertaking herein in any
manner, We may initiate appropriate legal proceedings against You along with notifying the relevant
regulatory or law enforcement authorities where appropriate, apart from suspending or terminating
Your privileges on the Platform. Any act in violation of this clause by You shall be deemed to be a
gross violation by Us.
4. CHARGES
- The Company offers its Services on the Platform on a subscription basis, whereby, to access the
Services, You, as a registered member on the Platform, may be required to pay specified charges
(“Charges”) for each subscription period to access the Services.
- The rules, guidelines, policies, terms and conditions of Services to be offered by the Company,
including limits with respect to duration of counseling sessions with the Counsellors as part of
Services, shall be duly be stated on the Platform. It shall solely be Your responsibility to look
for such rules, guidelines, policies, terms and conditions on the Platform, and to read and
understand the same, before making any payment towards Charges. Any payment towards Charges shall
mean that You have duly read, understood and agreed to rules, guidelines, policies, terms and
conditions.
-
The payment of Charges shall enable You to access the Services and reserve counseling sessions with
the Counsellors for a specified duration of time, and for a specified limited number of times.
Subject to other rules, guidelines, policies, terms and conditions, the counseling sessions may be
conducted either as a telephone call, or a call over the internet and/or any other audio/visual
mechanism, as may be decided by the Company and pre-notified to the User.
-
Your subscription may allow You to reserve the counseling sessions within a specified time-frame,
that is to say, before a specified expiry date, whereby in case You fail to reserve any counseling
session before such expiry date, the right to reserve such counseling session shall be deemed to
have been lapsed and waived by You. You agree that upon such lapse, the Company shall not be
obligated to refund, repay or adjust in any manner any Charges paid by You.
-
You agree that the Company has a strict no-refund policy, whereby, except for any reason stated
herein explicitly, the Company shall not, on any occasion, refund or adjust any Charges paid by You.
-
Without prejudice to the foregoing, the Company may refund any Charges paid by User, in the event
the Company, for reasons other than reasons beyond the control of the Company, fails to conduct a
counseling session between User and a designated Counsellor within 5 (five) business days of any
request made in this behalf by User.
-
You may request the Company for a refund of Charges by sending an email in this behalf to the
Company at hello@lostalittle.com citing in detail the reasons for such request. You agree that the
Company, its sole discretion, may choose to accept such request, with or without modification, or
reject such request with assigning any reasons, and without creating any liability whatsoever.
5. PAYMENT
- You may make any payment towards Charges through debit/credit cards or internet banking and/or any
other payment mechanism allowed by the Company over the Platform.
- Payments made through credit card, debit card and internet banking are processed by third-party
payment gateways. Similarly, payments made via other payment modes may require an authorization by
the intermediary that processes the payments. We are not responsible for any delays or
denials/rejections by such intermediaries or third-party gateways and processing of payments will be
solely in terms of their policies and procedures, and We will not be in any way be responsible for
the same. Nonetheless, You shall immediately communicate the fact of any failed payment to the
Company along with the transaction ID and other relevant details. You agree that in an event any of
Your payments are delayed or eventually declined for reasons beyond Our control, We shall not be
held liable in any manner whatsoever. Once a payment/transaction is authorized and is credited to
Our Account, You shall be entitled to access the Services subject to other rules, guidelines,
policies, terms and conditions.
-
We have the right to cancel a payment transaction at any point in time solely at Our discretion, in
which case if the payment is already successfully made, the transaction will be reversed and the
money shall be credited back into Your payment instrument.
-
Without prejudice to the foregoing, You are prohibited to use any credit card, debit card, prepaid
cash card, internet banking or any other instrument not belonging to You to make any payments. You
shall solely be responsible towards any loss incurred to the Company or any third-party owing to the
unauthorized use of any such instrument and accordingly, You shall be obligated towards compensating
the Company or any such third-party to make good such loss incurred. Additionally, the Company shall
be at liberty to initiate and proceed with a criminal proceeding against You in accordance with the
applicable laws. Any act in violation of this clause by You shall be deemed to be a gross violation
by Us.
6. Limitations
- By accessing the Platform and the Services, You acknowledge and agree to the following:
-
As part of Services, the role of the Company is solely to facilitate the counseling or
listener sessions between the User and Counsellor, that is to say, the Company shall be
rendered simply as an intermediary between the User and Counsellor.
The Company or Counsellors shall, at any time, not be responsible for the quality of
Services, that is, counseling or listener sessions provided by the Counsellors;
-
The Company shall not be responsible towards verifying the background, qualification or
expertise of the Counsellors, and the User shall, at its discretion or risk, engage in any
counseling or listener sessions with any of the Counsellors.
-
The Company does not endorse, verify or provide warranty towards any idea, advice, opinion,
recommendation, suggestion as may be provided by a Counsellor, whether during a counseling/
listener session or otherwise, or whether through any content published on the Platform or
otherwise
-
The Company reserves the right to publish, modify or remove any content by Counsellor or
User published on its Platform at any time and at its sole discretion, without any prior
notice to Counsellor or User, or their approval.
-
You agree that the Company or Counsellors shall not be responsible to You in manner, whether
monetary or otherwise, for any loss or damage that may incur to You, with respect to any of the
above-stated limitations, or any content published on the Platform, or on account of any idea,
advice, opinion, recommendation, suggestion offered by Counsellors, whether during any
counseling/listener session or otherwise.
7. Disclaimers
- You acknowledge and agree that any communication or interaction between a Counsellor and You shall
be for informational purposes only, and shall not be rendered as, or be considered as a substitute
for, any medical opinion, diagnosis, examination, treatment or prescription by a doctor or a health
expert or a qualified medical practitioner. You are strictly advised against taking any decision, or
acting upon in any manner, solely or primarily relying on such communication or interaction.
- Any communication or interaction between You and Counsellor shall strictly remain between You and
Counsellor, whereby, You agree that the Company shall have no role whatsoever, and shall not be
responsible towards any such communication or interaction, or any idea, advice, opinion, suggestion,
recommendation arising therefrom.
-
You acknowledge and agree that the views of a Counsellor is personal to such Counsellor, and the
Company does not endorse, or verify the accuracy and completeness of, or be responsible in any
manner towards, any idea, advice, opinion, suggestion, recommendation of the Counsellor to You,
either through Services or otherwise.
-
You are strictly advised against sharing any of Your private or confidential information to any
Counsellor, whether during any counseling/ listener session or otherwise. You agree that sharing of
any such private or confidential information to the Counsellor shall be absolutely at Your
discretion and risk, and the Company or Counsellor shall, in no manner, be responsible towards any
use, misuse or otherwise perusal of such private or confidential information.
-
You hereby expressly agree that access to the Services and Counsellors shall be solely and
absolutely at your direction and risk, and You shall solely be responsible towards all the results
and implications therefrom or associated therewith. It may be reiterated that the role of the
Company shall solely be limited to providing the Platform for You to access the Services by
arranging a counseling/ listener session between You and Counsellors.
-
You agree that the Counsellor(s) shall not be responsible to be responsible, in any manner, for any
loss or damage that may incur to You on account of any decision or action that You might take
relying. Directly or indirectly, on any idea, advice, opinion, suggestion, recommendation of any
Counsellor to You, either through Services or otherwise. It is reiterated that any such any idea,
advice, opinion, suggestion, recommendation of any Counsellor is for information purposes only.
-
You acknowledge and agree that Services are not meant to be accessed for medical emergencies or
during any crisis, and also that the Company, through its Services, does not provide any medical
opinion, diagnosis, examination, treatment or prescription, and that the Counsellors are not doctors
or health experts or qualified medical practitioners. Therefore, in the event of any medical
emergency or crisis, You are strictly advised against using the Platform and accessing the Services,
and is advised towards approaching the nearest doctor, hospital or other health care center.
-
You acknowledge and agree that Platform and Services does not constitute suicide helpline. You are
strictly required to not use the Platform and Services, in the event You are having suicidal
thoughts, or any thoughts that may bring any danger to Yourself or any other person or thing. In
such event, You must immediately notify the police and seek medical help, and may also call suicide
prevention helpline such as ‘Vandrevala Foundation’ at 1860-266-2345 or ‘Aasra’ at +91-
22-2754-6669.
8. INTELLECTUAL PROPERTY
The Company holds absolute ownership of all the tangible or intangible rights with respect to the
Platform and the Services, including domain, logo, design, trademark or any promotional material and the
technology involved, such right being referred to as the “”. Notwithstanding, any third-party content
offered on the Platform as part of Services shall be rights of such third-party. By allowing the access
to the Platform and Services, We are only permitting You to access the Services in accordance with the
prescribed rules, guidelines, policies, terms, and conditions applicable, and We are in no manner
permitting You to use the Intellectual Property Rights including by way of copying, displaying,
reproducing, transmitting, or otherwise exploiting, any content, material or media.
9. TECHNICAL FAILURES
The Company uses information technology-based software and telecommunication networks to offer the
Services and operate the Platform. External internet networks and connections are used to connect the
Platform (operated through Your mobile devices and hardware) to Our servers. Similarly,
telecommunications network and associated devices may be used to connect the User to the Counsellor
while providing the Services. We do not hold any liability towards any disruptions in internet networks
and connections or telecommunication networks and associated devices, including any errors, network
disconnection or interruptions in communication and shall not be liable towards any loss incurred to You
owing to such disruptions. Similarly, We shall not liable towards any loss arising out of any technical
failures, server crashes, breakdowns, software defects, disruption or malfunction of Service owing to
Your fault or failure of Your mobile device or other hardware.
10. REPRESENTATION BY USER
You, by accessing the Services and Platform and agreeing to these Terms, represent as follows:
- That You have the capacity to enter into, execute and deliver this agreement, and to exercise Your
rights and perform Your obligations as contemplated hereby, in accordance with the provisions of
Indian Contact Act, 1872 and other applicable laws.
- That this agreement constitutes the legal, valid and binding obligation on You, and shall be
enforceable against You in accordance with these Terms, except as such enforceability may be limited
by applicable bankruptcy, insolvency, re-organization, moratorium or similar laws affecting Our
rights generally.
-
That consummation of the Terms contemplated hereby will not (i) conflict with or result in any
breach or violation of any of the terms and conditions of, or constitute (or with notice or lapse of
time or both constitute) a default under, any instrument, contract or other agreement to which You
are a party or by You are bound; (ii) violate any order, judgment or decree against, or binding
upon, You.
-
That any information and documents reasonably required from You to comply with any applicable
anti-money laundering or counter-terrorism financing laws including any applicable laws imposing
know your customer or other identification checks or procedures that the Company may require to
comply with in respect of this agreement shall be provided by You.
11. WARRANTY
We are committed to providing updated, accurate, complete and reliable information by publishing it on
the Platform. However, We disclaim any and all warranties, expressed and implied, with respect to the
Platform or Services, or any of its content. All the information and content with respect to the
Platform and Services are provided to You on ‘As Is’ basis, and You agree to access the Platform and
Services at Your sole risk. We do not represent the suitability of the information published in
documents or any other information that is updated on Our Platform. We hereby solemnly disclaim and
discard all warranties about any information as well as all implied warranties and conditions of Our
merchantability, title and non-infringement, appropriateness to any particular purpose, and accuracy of
Our Platform and Services and software. We do not give any warranty that the servers used to offer the
Services and run the Platform will run error-free, uninterrupted, or that they will not get affected by
bugs, defects or viruses of any kind. Hence, We reserve the right to determine, at Our sole discretion,
whether any issue at Our end is responsible for any error or disruption or malfunction. We may limit
Your access to Platform or Services, if We opine that You are responsible for intentionally causing any
malfunction or disruption. You may note that no person is authorized to extend or revise the warranty
stated herein.
12. SOFTWARE USAGE
It is strictly forbidden for anyone to use Our Platform and Services for any commercial purposes. Our
Platform is meant only for accessing and availing the Services. You shall not attempt to manipulate,
decode, modify, disassemble, decompile, reverse or re-engineer Our Platform or its software in any
manner. Please note that Use of Bots is prohibited. Any attempt to use artificial intelligence that
includes, but is not limited to, robots, in connection with our Platform is strictly forbidden. You are
authorized to access the Services solely through the Platform while using the user interface contained
therein. Any act in violation of this clause by You shall be deemed to be a gross violation by Us.
13. REPRESENTATION AND WARRANTY BY USER
We take fair usage of the Platform and Services very seriously. In order to prevent any form of fraud or
unfair usage, all user actions, including request for counselling sessions, identity verification and
other conduct are continuously monitored to ensure a safe, legal and fair environment for all Our users.
- Any detection of a breach of these Terms and other rules, guidelines, policies, terms and
conditions, including Our fair usage policy, as may be notified from time to time, shall result in
prompt and serious action by Us against the suspected user, especially concerning the matters
enlisted below:
-
Money Laundering
You are prohibited from doing any activity on the Platform that may be construed to be, or
be associated with, any money laundering activity. Any act in violation of this clause by
You shall be deemed to be a gross violation by Us.
The Company or Counsellors shall, at any time, not be responsible for the quality of
Services, that is, counseling or listener sessions provided by the Counsellors;
-
Anti-Spamming
Sending SPAM emails or any other form of unsolicited communication for obtaining
registrations on the Platform to benefit from any promotional program or for any other
purpose is strictly prohibited.
-
Multiple IDs
Your registration on the Platform is restricted to a single user account, which will be used
by You to avail Yourself the Services provided on the Platform. You are prohibited from
creating or using multiple user IDs for accessing the Services.
-
You may not create a login name or password, or upload/distribute/transmit/publish/post
content through or on the Platform or through any service/facility including any messaging
facility provided by the Platform which:
- is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive,
illegal, harassing;
- contains expressions of hatred, expressions hurting religious sentiments, or
expressions related to racial discrimination or pornography;
- is in any way objectionable or undesirable (whether or not unlawful);
- is or can be construed as an incitement to commit a criminal offense;
- violates the rights of any person;
- is aimed at soliciting donations or other forms of help;
- violates the intellectual property of any person and/or any legally formed entity;
- disparage in any manner to Us or any of Our subsidiaries, affiliates, licensors,
associates, partners, sponsors, products, services, or Platform;
- promotes a competing service or product; or
- violates any applicable laws.
- In the event We determine that the screen name or login name chosen and created by You is
indecent, objectionable, offensive or undesirable in any way, We shall notify You about it
and You shall promptly provide Us with an alternate username so that We can change Your
existing username to the new name provided by You. If You fail to provide an alternate
username, We reserve the right to either permanently suspend Your user account or reactivate
Your user account only after You have provided a different, acceptable name.
- You shall not host, intercept, emulate or redirect proprietary communication protocols, if
any, used by the Platform, regardless of the method used, including protocol emulation,
reverse engineering, nor modify the Platform or any files that are part of the Platform. Any
act in violation of this clause by You shall be deemed to be a gross violation by Us.
- You shall not frame the Platform. You may not post or upload editorial comments, commercial
material or any information on the Platform, alter or modify content on the Platform, or
remove, obliterate or obstruct any proprietary notices or labels.
- You shall not upload, distribute or publish through the Platform any content that may
contain viruses or computer contaminants (as defined in the Information Technology Act, 2000
or such other laws in force in India at the relevant time) which may interrupt, destroy,
limit the functionality of or disrupt any software, hardware or other equipment belonging to
Us or that aids in providing the Services offered by Us. You shall not disseminate or upload
viruses, programs, or software to the Platform whether it is harmful to the Platform or not.
Any act in violation of this clause by You shall be deemed to be a material violation by Us.
- You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or
transfer Your user account, content, currency, points, standings, rankings, ratings, or any
other attributes appearing in, originating from or associated with the Platform.
- Any form of fraudulent activity including attempting to use or using any other person’s
credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid
real money cards, and mobile phones for depositing money into Your account is strictly
prohibited. Any act in violation of this clause by You shall be deemed to be a gross
violation by Us.
- Accessing or attempting to access Our Services through someone else’s user account is
strictly prohibited.
- any promotional offer or discount codes unique to the User is non-transferable. In the event
You attempt to transfer any promotional offer or discount codes, the benefits of the same
shall be forfeited.
- You shall not post any material or comment on any media available for public access that, in
Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding
the fact that such media is not owned or controlled by Us. In addition to any other action
that We may take pursuant to the provision hereof, We reserve the right to remove any and
all material or comments posted by You and restrict Your access to any media available for
public access that is either controlled or moderated by Us, when in Our sole opinion, any
such material or comments posted by You is defamatory or detrimental to Our business
interests.
-
Breach and Consequences
If We have evidence, through Our investigations or reasonable belief, of a breach of these Terms
by You and/or that Your continued access to Our Platform is detrimental to the interests of
Company or any other users or the general public, then We reserve the right to take any or all
of the actions stated herein below at Our sole discretion:
-
Put restrictions on Your access to Platform and Services;
- Suspend or terminate Your Membership on Our Platform;
- Demand and order damages for breach of these Terms and take required civil actions to
recover losses and damages;
- Initiate steps of prosecution for damages and violation that is equivalent to offences in
law;
- Bar You from registering on Platform in the future;
- The action taken by Us will be solely due to Your breach of Our Terms; the action shall be final and
decisive that will be binding on You. Any action taken by Us will be without any prejudice to Our
other rights and remedies that are mentioned and available in law or equity.
- Without prejudice to the foregoing, You agree that You shall be obligated to compensate the Company
for any loss or damage incurred to the Company as a result of breach of any of these Terms.
Additionally, in case of any material violation, as referred to in these Terms, You shall be liable
to compensate the Company with the amount of actual loss or damages, as may be quantified by Us,
incurred to the Company, whichever is higher.
14. TERMINATION
These Terms may be terminated by the Company at any time, at its sole direction or on account of any
reason, without any prior notice or intimation to the User. The Company also reserves the right to
terminate, suspend or otherwise restrict the Membership of the User at its sole direction or on account
of any reason, without any prior notice or intimation to the User, thereby, resulting in suspending,
terminating or restricting the access to the Services by User in any manner. In any such event, the
Company shall not be liable towards any loss or damage to the User in any manner. Nonetheless, the
relevant sections of these Terms may survive the termination of these Terms.
15. CONTENT AND CONTRIBUTION
- All the online content, materials and information on Our Platform are collectively referred to as
‘Content’. It may include a wide range of online items such as images, designs, multimedia clips,
graphics, logos, information, text content, software, animation, marks, hyperlinks, and pictures.
The Content, whether or not belonging to Us, are thus protected and secured by applicable
intellectual property rights. Additionally, We shall be free to record and use, in any manner
whatsoever, all chat content, images, emails, and recommendations sent by any member or user on Our
Platform, as they appear on the Platform and form part of the Content.
- It is informed that Our Platform may contain information about third-parties and may comprise of
hyperlinks within them. You shall use or access such third-party content or hyperlink at Your sole
risk. We shall not be responsible in any way for the implied warranty about the quality, integrity
or accuracy of such third-party content. You expressly acknowledge that We shall not be responsible
for any content belonging to any third-party, such third-party content appearing on Our Platform
shall not be deemed as endorsement towards such third-party content by Us.
- You agree to not to post any content on the Platform that does not belong to You, or with regards to
which You do not have any rights or permission to post. You agree that You shall solely be
responsible towards any unlawful posting and shall be obligated to compensate Us for any loss or
damage that We may have to bear on account of You posting any content unlawfully.
16. INDEMNIFICATION
- The User shall indemnify the Company against all liabilities, costs, expenses, damages and losses
(including any direct, indirect or consequential losses, loss of profit, loss of reputation, adverse
impact on Intellectual Property Rights and all interest, penalties and legal costs (calculated on a
full indemnity basis) and all other professional costs and expenses) suffered or incurred by the
Company for enforcement of these Terms or arising out of or in connection with:
- User’s access to Platform and Services;
- any act of User rendered as gross violation under these Terms;
- any breach or inaccuracy of the representations, warranties and covenants by User as
contained in this Agreement;
- User’s breach or negligent performance or non-performance of obligations under this
Agreement;
- any claim made against the Company by a third-party arising out of or in connection with the
conduct of User;
- any claim made against the Company by a third party for death, personal injury or damage to
properties which are attributable to the acts or omissions of the User or its affiliates;
- violation of any other terms set forth in these Terms.
- This indemnity shall apply whether or not the User has been negligent or at fault.
- The indemnification rights of the Company are independent of, and in addition to, such other rights
and remedies as such Company may have under applicable laws or in equity or otherwise, including the
right to seek specific performance or other injunctive relief, none of which rights or remedies
shall be affected or diminished thereby.
17. ENTIRE AGREEMENT
User agrees that these Terms together with other rules, guidelines, policies, terms and conditions
notified on the Platform, as updated from time to time, is the final understanding and agreement between
the User and Company hereto with respect to the subject matter of these Terms, and there is no other
negotiation, discussion, preliminary agreement, memoranda or heads of agreement, oral or written
documents between the User and Company.
18. SEVERABILITY
In the event any provision or part-provision of these Terms is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the maximum extent necessary to make it valid, legal and
enforceable. In case such modification is not possible, the relevant provision or part-provision shall
be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the
validity and enforceability of the rest of these Terms.
19. AMENDMENT
These Terms may be amended or modified by the Company from time to time, without any prior intimation to
or approval of the User. Any updated or modified Terms shall be effectuated upon its posting on the
Platform.
20. SEVERABILITY
You understand and agree that the Company or its directors, officers, employees or affiliates shall not
be liable towards any direct or indirect damages, resulting from use of or inability to use the Service,
including for any act of the Counsellor whether as part of Services or otherwise, even if We have been
advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
Such damages may include injury, claim, loss of data, loss of income, loss of profit or loss of
opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other
intangible loss (even if the Company has been advised of the possibility of such damages). You agree to
indemnify Us against any claims in respect of any such matters.
21. ASSIGNMENT
Your rights and obligations under this agreement is personal to You and shall not be assigned to any
other party or person. The Company may, at its sole discretion, assign, transfer or novate this
agreement or any of its rights and/or obligations under this agreement to any person, including its
affiliate.
22. WAIVER
The failure of Company to insist upon strict adherence to any of these Terms on any occasion shall not
be considered a waiver thereof or deprive the Company of the right thereafter to insist upon strict
adherence to that term or any other term of this Agreement. Any waiver by Company, or excuse to any
User’s breach shall compulsorily be in writing by the Company. Any such waiver or excuse shall not
constitute any waiver or excuse to any different or subsequent breach.
23. CUMULATIVE RIGHTS
All remedies of the Company under these Terms whether provided herein or conferred by any statute, civil
law, common law, custom or trade usage, are cumulative and not alternative and may be enforced
successively or concurrently.
24. RELATIONSHIP BETWEEN PARTIES
None of the provisions of this agreement shall be deemed to constitute a partnership between the Company
and User, and no party shall be deemed to be the agent of other in any way, or have any authority to
bind the other party otherwise than under this agreement.
25. GOVERNING LAW AND DISPUTE RESOLUTION
All disputes and differences arising from this agreement shall be referred to the Sole Arbitrator
appointed by Company and User on mutual agreement, and such reference shall all time be governed by the
provisions of the Arbitration and Conciliations Act, 1996. The decision of the Sole Arbitrator shall be
final and binding on all the parties. The arbitration shall be conducted in English, and the venue for
arbitration shall be Tirupati, Andhra Pradesh. Additionally, the Company shall be entitled to seek
specific performance of the terms hereof. Each party herein irrevocably agree that the courts of
Tirupati, Andhra Pradesh shall have exclusive jurisdiction to settle any dispute or claim arising out of
or in connection with this Agreement or its subject matter or formation (including non-contractual
disputes or claims).
26. INJUNCTIVE RELIEF
The User acknowledge and agree that the breach by the User of any of its obligations as set out herein,
or in any other rules, policy and/or guideline notified on the Platform, would cause irreparable harm to
the Company, and in that event, damages would be difficult if not impossible to ascertain. Therefore,
the Company, in addition to and without limiting any other rights they may have, will have the right to
seek specific performance of these Terms. The existence of this right shall not preclude the Company
from pursuing any other rights and remedies at law that the Company may have.
27. FORCE MAJEURE
- The failure or omission to carry out or observe any of the terms, provisions, conditions contained
in this Agreement by the Company during the continuance of any event of Force Majeure (as
hereinafter defined or its effects) shall not give rise to any claim by User, or be deemed to be a
breach of this Agreement if the same is caused by or arises out of the Force Majeure.
- Upon happening of a Force Majeure, the obligations of the Company under this Agreement shall stand
suspended till the time such Force Majeure subsists, subject to a maximum suspension period of 3
(three) months. In the event where Force Majeure subsists for 3 (three) months or more, the Company
may terminate the Agreement at its discretion, with any liability whatsoever.
- “Force Majeure”, for the purpose of this Agreement shall mean war, hostilities, acts of God, strike,
lockouts, epidemic or pandemic, and other reasons beyond the anticipation and control of the
Company.
28. NOTICES
All notices given pursuant to these Terms shall be in writing and shall be deemed to be served as
follows:
- The failure or omission to carry out or observe any of the terms, provisions, conditions contained
in this Agreement by the Company during the continuance of any event of Force Majeure (as
hereinafter defined or its effects) shall not give rise to any claim by User, or be deemed to be a
breach of this Agreement if the same is caused by or arises out of the Force Majeure.
- Upon happening of a Force Majeure, the obligations of the Company under this Agreement shall stand
suspended till the time such Force Majeure subsists, subject to a maximum suspension period of 3
(three) months. In the event where Force Majeure subsists for 3 (three) months or more, the Company
may terminate the Agreement at its discretion, with any liability whatsoever.
- “Force Majeure”, for the purpose of this Agreement shall mean war, hostilities, acts of God, strike,
lockouts, epidemic or pandemic, and other reasons beyond the anticipation and control of the
Company.
Contact details of the Company for the purposes of this clause is provided below and any change in the
details shall be notified by way of updated/amended Terms posted on the Platform:
Attention: G. Shanthi Buela Devi
Address: 19-8-1, VKR puram,Nagari,chittoor,Andhra
Pradesh-517592
Telephone: 9063250079
Email: hello@lostalittle.com
29. CONTACT
For any queries, assistance or suggestions, You may freely contact Us anytime through Our customer care
services at ‘ In the event You suspect any unauthorized use of Your login credentials and any other
information, You may inform Us immediately requesting suitable actions.