These Terms and Conditions (“Terms”) govern the access and use of the Launchtail website located at https://launchtail.com/ and any of its features or sub-domains, and other platforms and services that we offer (“Site”) by persons accessing or using the Site (“user” / “you”). The Site is owned and operated by us (“we” / “us”).
Before proceeding to use the Site, please read these Terms carefully. By clicking the ‘Accept Privacy Policy and Terms of Use’ option while providing your email address and mobile number, you signify your acceptance of the Terms (as amended from time to time), that you have read and understood these Terms, and that you agree to be bound by them for as long as you are using or accessing the Site. If you do not click the ‘Accept Privacy Policy and Terms of Use’ option, you will not be permitted to access or use the Site. The use of our Site is available only to persons who can form legally binding contracts under the applicable law. If you are a minor, i.e., under the age of 18 years, please do not provide any of your contact details on the Site and have an adult accept these Terms on your behalf and supervise your use of the Site. Please also interact with any retailers on the Site through the supervising adult, and at no time should you provide any of your details to the retailers on the Site.
These Terms may be amended by us from time to time. While we may not be able to separately notify you of the revisions each time that we make them, we will notify you of any changes that we make to these Terms when required under law. Your access to, and use of the Site following any change constitutes your agreement to follow and be bound by these Terms as updated or modified. We encourage you to check this page periodically for modifications or revisions to the Terms to understand how it affects your access to, and usage of the Site. We will not be responsible for your failure to remain informed about such changes.
THE SITE
We have developed the Site as a booking and listing platform for retail spaces.
ACCOUNT
In order to list spaces or make bookings on our Site, you must enter your email address and mobile number. You will be responsible for providing accurate and valid information about yourself. In order to make purchases on the Site, you will have to create an account with the Site and provide additional information. Any personal information that we collect about you is subject to our privacy policy which is available here. It is your responsibility to ensure that your account information is up to date on the Site at all times. You agree to notify us promptly if your account information changes by updating the same on the Site. You agree that we shall not be liable or responsible for the activities or consequences that occur in cases where you have failed to update your account information on the Site.
You are responsible for any and all activities that occur in your account on the Site. You accept that any and all operations emanating from your device will be assumed to have been initiated by you. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss to you or any third person owing to the negligent actions or failure on your part to inform us of any loss or theft of your device or any unauthorized access of your account within a reasonable time.
You will be liable for losses incurred by us or any other party due to a third party’s use of your account, if any. You will not use any other person’s account without the express permission of the account holder and us.
CONTENT
“Content” means any information, text, graphics, drawings, or other materials uploaded, downloaded, or appearing on the Site. The Content on the Site contains copyrighted material, trademarks, proprietary information, and other intellectual property owned by us or the relevant retailers. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Access to, or use of, the Site does not confer and should not be considered as conferring upon anyone any license to either our or any retailer’s intellectual property rights. Any use of the Site or its contents without our permission is prohibited.
By using the Site, you agree that you will not scrape or attempt to scrape or extract any data or Content available on the Site.
USER GUIDELINES
You will ensure that you comply with all prevailing and applicable laws, rules, and regulations, these Terms, and our privacy policy while using the Site and its features, and we will not be liable in any manner whatsoever for any default by you in doing so.
You will not use the Site in a manner that could damage, disable, overburden, or impair our server or any network connected thereto, or interfere with any other person’s use and enjoyment of the Site. You will not attempt to gain unauthorized access to any functions or features, user accounts, computing systems, or networks connected to any of our servers in any manner including through hacking, password mining, or any other means. You will not obtain or attempt to obtain any materials or information through any means which is intentionally not made available through the Site.
You will not host, display, upload, modify, publish, transmit, store, update, or share any information that:
(a) belongs to another person and to which you do not have any right;
(b) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(c) is harmful to children;
(d) infringes any patent, trademark, copyright, or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g) impersonates another person;
(h) threatens the unity, integrity, defense, security, or sovereignty of any country, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation;
(i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
The Site is made available to you for your own use, and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivatives of the Site or allow third parties to do so.
We will make all reasonable efforts to ensure that all your information is kept confidential. However, we will not be responsible for any disclosure or leakage of confidential information or loss or damage to the device due to theft, negligence, or failure on your part to practice safe computing.
You understand and acknowledge that upon using the Site you may authorize us to access third-party sites and sources when designated by you, on your behalf, to retrieve such information required in relation to your usage of the Site. To this end, you grant us the power to do so and acknowledge and agree that when we access and retrieve information from third-party sites we are acting as your agent.
You also understand and acknowledge that third parties may provide us with your information to enable your registration on, and your use of, the Site. To this end, we disclaim all liability for the unauthorized or improper sharing of information by such third parties.
You are under no contractual or other restrictions or obligations that are inconsistent with these Terms or that will interfere with the performance of its obligations under these Terms.
We and our users have no agency, affiliation, association, endorsement, or connection in any manner whatsoever. You are not our employee, agent, or representative. We do not exercise supervisory powers or control over users.
You will not create multiple or duplicitous accounts with us. You shall use the Site only for personal use.
All information and material uploaded by you on the Site shall be uploaded at the sole risk of the user, and we will not be liable for the accuracy, reliability thereof or its compliance with applicable law.
Our Site may contain links to third-party sites that are not operated by us. If you click on a third-party link, you may be redirected to such third-party’s site. We have no control over, and assume no responsibility for, the content, privacy policy, terms of use, or practices of a third-party site. We advise you to separately review the terms of use of every site you visit.
DISRUPTION OF SERVICES
We make no guarantee as to the quality or availability of the Content on the Site on a 24×7 basis and make no promise of providing uninterrupted access to the Site. Disruption of services may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstances. We also reserve the right to suspend access to the Site for all or specific persons, either permanently or temporarily, for any reason whatsoever.
- DISCLAIMERS
The user must take all reasonable precautions while using the Site. We will not be liable for any resulting loss, damage, or other incidents that may occur due to the same. You are advised to examine the Site thoroughly to determine its suitability for your use case.
We will not be liable for the loss or damage to confidential information or data of the user arising as a result of an event or a series of related events that is beyond the control of the company including problems with the internet, attempted hacker attacks, hacker attacks, denial of service attacks, virus or malicious software attacks or infections and other events of like nature.
Any services or features availed through the Site are done at your own discretion and risk, and you are solely responsible for any damage that results therefrom. No advice or information, whether oral or written, obtained by you from us, creates any warranty not expressly stated in these Terms.
To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising directly and indirectly out of your access to and use of the Site remains with you.
- VACATING SHORT-TERM BOOKINGS
If a booking is made on a short-term basis (daily or weekly), you agree to vacate the booked space immediately upon the expiration of the booking period. Failure to vacate the premises promptly may result in additional charges or penalties as specified in the booking terms.
- INDEMNIFICATION
You agree to protect, defend and indemnify us and hold us and our officers, directors, employees, shareholders, agents, representatives and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your access and / or use of the Site in violation of these Terms, or your infringement of any intellectual property rights in the course of such access or use. The terms of this provision survive the termination of these Terms.