Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM.
i. ACCEPTANCE
ii. DESCRIPTION OF SERVICE AND CONTENT POLICY
iii. CONDUCT
iv. PAID SERVICES
v. POSTING AGENTS
vi. ACCESS TO THE SERVICE
vii. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
viii. INTELLECTUAL PROPERTY RIGHTS
ix. USER SUBMISSIONS
x. INDEMNITY
xi. NO SPAM POLICY
xii. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
xiii. LIMITATION AND TERMINATION OF SERVICE
xiv. DISCLAIMER OF WARRANTIES
xv. LIMITATIONS OF LIABILITY
xvi. ASSIGNMENT
xvii. ABILITY TO ACCEPT TERMS OF SERVICE
xviii. GENERAL INFORMATION
xix. VIOLATION OF TERMS
i. ACCEPTANCE
OLabX( www.olabx.com) is a service platform owned and launched by The Science Tools Inc. , a company incorporated and registered in India, is the data controller for the personal data collected through this Platform.
OLabX provides a collection of online resources which include classified advertisements, product listings and bids (the "Service") on the website www.olabx.com ( the “Platform”)
The Platform and the Service are provided to you subject to these OLabX Terms of Use (these "Terms"). For the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at OLabX’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with OLabX or the Service in any way, your only choice is to immediately discontinue the use of OLabX. These Terms may be updated by OLabX at any time at its sole discretion. OLabX may send you notices of changes to the Platform or the Terms according to Section xxi (I) herein.
ii. DESCRIPTION OF SERVICE AND CONTENT POLICY
A. At OLabX to allow our users who comply with these Terms to sell, bid, donate and buy products listed on the Platform. Although you may be able to conduct payment and other transactions using third-party, OLabX is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that OLabX is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
B. You understand that OLabX does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside OLabX’s domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will OLabX be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that OLabX has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to OLabX’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to OLabX. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. OLabX makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and OLabX disclaims all liability thereto.
C. You acknowledge and agree that you are solely responsible for your Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize OLabX to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to OLabX an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and OLabX's (and its successor's) business, including without limitation to promote and redistribute part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by OLabX to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to OLabX all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, OLabX may offer the facility of automatically capturing the "Description" of your ad/listing based on the images uploaded by you. OLabX makes no warranty on the veracity or the accuracy of the generated Description. Once the product/ad is posted, you won’t be able to edit. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you concerning the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or OLabX remove or delete such Content from the Platform. Further, you grant OLabX the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
D. OLabX does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and OLabX expressly disclaims any liability in connection with User Content. OLabX does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and OLabX may, at its sole discretion, remove any infringing Content if properly notified following applicable law that such Content infringes on another's intellectual property rights. OLabX reserves the right to remove any Content without prior notice. OLabX may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, OLabX reserves the right to decide whether any Content is appropriate and complies with these Terms.
E. You acknowledge and agree that every ad/product posted goes through a manual approval process. OLabX has the right to determine if the product is suitable for the Platform or not. OLabX reserves the right to disapprove a product whether any Content is appropriate and complied with these terms.
iii. CONDUCT
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
i. that violates any law or regulation;
ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant OLabX all of the license rights granted herein;
iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
v. that harasses degrades intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
vi. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.
vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
viii. that includes personal or identifying information about another person without that person's explicit consent;
ix. that impersonates any person or entity, including, but not limited to, an OLabX employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
xii. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to OLabX users who have requested not to be contacted about other services, products or commercial interests;
xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by OLabX;
xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
xviii. that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
xix. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
xx. make any libellous or defamatory comments or postings to or against anyone;
xxi. collect personal data about other users or entities for commercial or unlawful purposes;
xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
xxiii. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
xxiv. post the same item or service in multiple classified categories or forums or multiple metropolitan areas;
xxv. attempt to gain unauthorized access to computer systems owned or controlled by OLabX or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
xxvi. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of OLabX's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
xxvii. use any automated device or software that enables the submission of automatic postings on OLabX without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
xxviii. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
iv. PAID SERVICES
We may charge a fee to post content in or utilize some areas of the Service (“Paid Services”). OLabX has authorized The Science Tools Inc., based at New Delhi - 110003 (INDIA) , a company incorporated and registered in India, (“OLabX” or “we” or “us”) to sell such Paid Services to its users. By posting Paid Services on the Website you enter into an agreement with OLabX a portal or service powered solely by TecnoConcept India Pvt Ltd, the terms of which are set out herein. Provisions of the Terms relating to the Content shall also be applicable to Paid Services. Further, you continue to be bound by the Terms in connection with your use of the Website and the Services. Currently, we offer the following kinds of features for Paid Services. Only some of these features may be made available to you by us, depending on your usage, category, geographical location, and medium of purchase. The terms of Paid Services and the relationship between you and OLabX shall be governed by the laws of India. Any claim you may have against OLabX must be submitted to the exclusive jurisdiction of the courts of New Delhi. We reserve the right to modify the price at which these features are made available to you:
Paid Product Listing
The paid product listing is a feature, which enables you to post products even after you have exhausted your free limits. Free limit defines the number of product listing that you can post for free within a defined periodicity. You can post products in any category to Sell/Rent/Donate in the last 30 days and the free limit is 5 products per month for any category, from one user from one single location and no searching priority. You will not be allowed to post a free product after you have posted your fifth product.
All products posted by you through your account will be counted towards free limits. Any subsequent changes after posting a product cannot be done.
You can either purchase a Premium Plan or Professional Plan based on your requirement which shall be provided to you at a price as mentioned on the Website.
Paid Subscription Plans
The paid subscription plan is a feature, which enables you to chat with buyers/sellers, message even after you have exhausted your free limits. Free limit defines the number of buyer leads that you can receive for free within a defined periodicity. The free limit is 1-5 buyer leads, user chat option and message to the buyer. You will not be allowed to receive buyer leads after the fifth buyer lead.
This feature has been provided to enable sellers to reach out to potential buyers and to draw attention to their products and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
All buyer leads posted by you through your account will be counted towards free limits.
You can either purchase a Quarterly Plan or Yearly Plan for unlimited buyer leads based on your requirement which shall be provided to you at a price as mentioned on the Website.
Paid Ads
The paid ad is a feature, which enables you to post ads. You can purchase various plans based on your requirement which shall be provided to you at a price as mentioned on the Website.
Feature Products
Featured Products is a feature that enables the display of your products in a designated area of the Website and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other content posted on the Website. In the designated area of the Website pertaining to Featured Products, Featured Products are listed in a sequential manner. Therefore, it is possible that a particular Featured Product is not visible to you each time you browse through the Website.
This feature has been provided to enable users to draw attention to their products and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Website in this regard is merely indicative.
The duration for which your product will be displayed as a Featured Product shall be the number of days specified at the time of purchasing the Premium or Professional Plan specified under Listing Plans for 30 days from the original date of posting the Content on the Website, whichever is earlier. You can purchase Premium Plan or Professional Plan to avail this feature. OLabX reserves the right to limit the extent and manner in which Featured Products may be edited by you.
Payment for Paid Services
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as Razorpay offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway . Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.
You have the ability to provide us with your Goods and Services Tax Identification Number (GSTIN) on the platform.
Unless otherwise mentioned on the Website, prices indicated are exclusive of applicable taxes.
Refunds/Cancellations
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad/listing units you were not able to post shall be credited to your account. For example, if you buy a plan to post 4 products out of which you have posted only 2 products and were unable to post the remaining 2 products on account of a technical glitch during the lifetime of the package validity, you will be credited with the cost of 2 products to your OlabX wallet.
All the product/ad listings go through a manual pre-screening process for quality purposes. In the event that the listing/ads that you have posted fail the pre-screening process, the amount of the disapproved products will be refunded in your OLabX Wallet.
The above refund policy shall not be applicable in the event any content in your listing/ad is found to be violating the Terms or there has been any abuse reported in relation to your listing/ad or your listing/ad is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.
v. POSTING AGENTS
As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. OLabX prohibits the use of Posting Agents, directly or indirectly, without the express written permission of OLabX. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from OLabX.
vi. ACCESS TO THE SERVICE
OLabX grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by OLabX or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by OLabX, your use will be considered to be in violation of these Terms, unless OLabX expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray OLabX, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from OLabX.
vii. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
OLabX is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to OLabX together with a request to OLabX to delete the relevant Content in good faith in the claims of infringement form available here.
viii. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Section ii(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OLabX, and are subject to copyright and other intellectual property rights under INDIAN laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to OLabX. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OLabX reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
ix. USER SUBMISSIONES
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that OLabX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OLabX with respect thereto.
x. INDEMNITY
You agree to defend, indemnify and hold harmless OLabX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
xi. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to OLabX email addresses or through OLabX computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time OLabX may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the OLabX email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of OLabX computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
xii. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that OLabX shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that OLabX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that OLabX is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release OLabX, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
xiii. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that OLabX may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number or email address through which you have registered. In the event you have more than one account linked through your mobile number, or email address, OLabX reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that OLabX has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that OLabX reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that OLabX shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that OLabX, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if OLabX believes that you have violated these Terms. Further, you agree that OLabX shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
xiv. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW OLabX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. OLabX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. OLabX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OLabX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
xv. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL OLabX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF OLabX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE OLabX SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OLabX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY OLabX. OLabX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
xvi. ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by OLabX without restriction. Any assignment or transfer by you shall be null and void.
xvii. ABILITY TO ACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
xviii. GENERAL INFORMATION
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and OLabX and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and OLabX shall be governed by the laws of India. Any claim you may have against OLabX must be submitted to the exclusive jurisdiction of the courts of New Delhi, INDIA. However, in the event that you are a consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of OLabX to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT OLabX MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER INDIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
xix. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the OLabX homepage at www.olabx.com. Any failure to act by OLabX with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
This Terms and Conditions version is version 2021-1.0
In case you want to contact us with regard to our privacy policy, you may email us at [email protected] with subject line "Terms and Conditions"
