LYSTKART

LYSTKART COMPANY POLICY

Privacy Policy, Terms of use, Disclaimer, Change Policy, Data Backup, Payment & refund policy, Comment policy, Co​pyright law, Intellectual Property Rights, Limitation of Liability.

PRIVACY POLICY

Privacy of the visitors and members are important and topmost priority so we respect your privacy rights and recognize the importance of secure transactions and information privacy. This Privacy Policy is an electronic agreement formed under the Information Technology Act, 2000 and the rules and regulations made there under (as amended till date) including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 & the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It does not require any physical or digital signatures to make the terms of this policy binding. This privacy policy is a legally binding document. The terms of this privacy policy will be effective upon your use of our Platform /service. This privacy policy contains information about an online website called LystKart. In order to provide You with Our uninterrupted use of services, we may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, we provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.

INFORMATION WE COLLECT
We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information: a.
Personal data” means any information that directly or indirectly identifies you or could be used to identify you. Personal data includes data such as: your first and last name; Mobile Number User name, profile picture, email address; unique online identifiers (e.g., cookie IDs); device identifiers (e.g., IDs for mobile advertising); location data (e.g., latitude and longitude); and contact information contained in device contact lists.

We use your personal data for the following purposes: Account & Registration. Personalization. Business Operations. Communications. Marketing & Advertising. Rewards, Contests and Sweepstakes. Events. Research & Innovation. Product & Service Development. Security. Protect Our Rights & Property. Comply With Law & Industry Standards.

LystKart.com is committed to handling your personal data with care and honouring your privacy rights, regardless of where you are located. Data that does not contain any information that can be used to identify you or has otherwise been anonymized or aggregated is considered “Non-Personal Data.” 

b.Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. [This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer browser information, and other information associated with your interaction with the Site. 

c. “Location Data” ​is a type of personal data that, when collected and used responsibly, can help you navigate and interact with the physical and digital worlds around you. Location data is collected using various technologies such as the location services of your operating system or browser, sensor data from your device, and other data that may help us understand your precise location. location data should only be collected when you say it is okay to do so. 

International Data Transfers 
In order to provide you with our Consumer Services, it is possible that data you provide may be transferred to or accessed by LystKart affiliates or third parties located in countries other than the country in which you reside. These countries may not have the same data protection laws as the country in which you reside. LystKart will conduct any data transfers in accordance with this Privacy Policy and all applicable laws and permissible data transfer mechanisms. Where the international data transfer programs do not apply, when you download and use our Consumer Services, you consent to the transfer of your data. 

d. We also receive data from third parties. This includes third parties who create and deliver experiences using our Developer & Enterprise Services, such as the incorporation of our location technology (i.e., SDK or APIs) into their apps and websites. In some cases, these third parties may license data to us. Personal data may be collected when you access our apps through social media logins (i.e., logging in to our apps using your Facebook or other social media credentials). The basic details we receive may depend on your social network account privacy settings, but could include name, email address, date of birth, gender, hometown and/or friends. This privacy policy also applies to data we collect from users who are not registered as members of this site, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including: 
a. To enable the provision of services opted for by you.
b. To communicate necessary account and service-related information from time to time.
c.  To allow you to receive quality customer care services.
d. To comply with applicable laws, rules and regulations 

We store your activity on the website including the active time spent, website & features usage and search history to use for advertising directly or indirectly. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use. We shall collect and store all such information in our internal Company servers for a finite period time, as long as you are a User of the Website, and shall immediately delete all such information upon expiry of your Usership. We shall also delete all aforementioned communication upon withdrawal of Usership of any single Party to the communication. 

The Company will not use your financial information for any purpose other than to complete a transaction with you. To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt out of any non-essential communications from the Website. 

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised. 

At every stage prior to, during or after information collection, you have the right to access all personally identifiable information provided, rectify or alter all personally identifiable information provided, restrict the level of information to be retained as per your sole discretion and object to the retention, use and potential disclosure of the personally identifiable information. 

We may update this Privacy Policy to reflect updates to our practices, technologies, or legal requirements from time to time. We will post the revised Privacy Policy here and indicate when it was most recently updated. If we make material changes in the way we use your data, we will notify you by posting an announcement on our sites or apps, or by sending you an email (to the last email address you provided us). 

Children Information 
We do not knowingly solicit or collect personal information from children under the age of 13 and use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18 years then you must use our Platform or services under the supervision of your parent, legal guardian or any responsible adult.

TERMS OF USE

Terms of Service govern all use of the LystKart.com website and all content, services and products available at or through the website. If you create or have an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LystKart may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LystKart liability. You must immediately notify LystKart of any unauthorized uses of your account or any other breaches of security. LystKart will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. LystKart.com services should not be used for unlawful purposes or promotion of dangerous or illegal activities. Your account may be terminated and you may be reported to appropriate authorities. If you choose to use LystKart.com, your use and any dispute over privacy is to this policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the prevailing law in India. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or other. Your content must not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content. You must confirm that Content is not obscene, libellous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. Content must be true, accurate and up-to-date and not any false or misleading. You will hold LystKart Private Limited free of any charges with regards to copyright infringements should the content you provided be copyright protected by third party. You agree to defend, indemnify and hold harmless LystKart Private Limited, its affiliates and their respective officers, directors, agents, employees and representatives for any and all losses, claims, liabilities, damages and expenses of any nature, including but not limited to attorney's fees, court costs, judgments and settlement agreements arising out of or relating to (a) the Content, (b) your use of this website and/or services made available through this website and/or (c) your breach of these Terms of Service By submitting any Content to LystKart.com for publication or inclusion on the Website, you grant LystKart Private Limited a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, copy and distribute the Content provided by you. You also agree that such Content is subject to use by third parties according to the terms of the Creative Commons License. If you delete Content, LystKart.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Furthermore, you acknowledge and agree that LystKart.com can't and will not be responsible for removing Content from other website(s).     We do not allow following content, but not limited to -
Pornographic, adult or mature content not allowed.
Libellous, defamatory, threats or hate promoting content not allowed.
Copyright/ Trademark registration violations not allowed.
dangerous products or services such as weapons or recreational drugs.
Private and confidential personal information not allowed.
Spamming, hacking, cracking, malware or viruses or related content not allowed.
No content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
other products or services we deem in our sole discretion as being inappropriate or offensive.
   If you have any concern about privacy at LystKart Private Limited, please contact us with a thorough description, and we will try to resolve it. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We assure that will never materially change our policies and practices to make them less protective of your information collected in the past without your consent.

DISCLAIMER

Lystkart.com provides a means for sellers to advertise their products and services and for buyers to connect with the sellers of these items. You acknowledge that the LystKart Private Limited is not the seller of the items listed on the site LystKart.com and that any transaction is entered into solely between the buyer and seller of the item. All advertisements are posted by other users and not by the LystKart itself except the inhouse products or services Listed by the “LystKart Exclusive Store”. LystKart Private Limited is not involved in the actual transaction between buyers and sellers. As a result, the LystKart Private Limited has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Accordingly, LystKart Private Limited is not responsible for the quality, safety, or legality of the items advertised, the truth or accuracy of the advertising campaigns, the ability of sellers to sell items or the ability of buyers to buy items; you are and shall remain solely responsible for all content and Materials you submit to or in connection with Lystkart.com. We cannot ensure that a buyer or seller will actually complete a transaction. Buyers and sellers are responsible for resolving any disputes that may arise from transactions related to or resulting from advertisements placed by other users. You are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which you participate. All advertisements must comply with applicable city, state, and federal laws as well as provide adequate, non-misleading information to consumers. LystKart.com reserves the right to screen, refuse to post, remove or edit advertisements, or any other Material at any time and/or for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to screen or to monitor any content or Materials posted by our users. You are and shall remain solely responsible for all content and Materials submitted to or in connection with the Site. LystKart Private Limited does not guarantee (a) the appearance and/or location of any listing, (b) the level of results you will achieve from LystKart.com or (c) the LystKart.com Advertisement will meet your requirements. All content and information submitted by you shall be subject to our character limits, quality standards, LystKart.com Terms of Services, and other applicable listing policies. We may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms. You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of LystKart Private Limited business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and all trademarks and branding associated with your business for your LystKart.com business listings. You represent and warrant that you have all rights to provide the content and trademarks you submit for your LystKart.com business listings.  Sponsored Business Listing Service – Description and Important Disclaimers LystKart.com Sponsored Business Listing Service is an optional fee-based service provided by LystKart Private Limited to move your company listing into a higher ranking in the LystKart website and other search engines for a 30-day (“Monthly”), 3-month (“Quarterly”), 6-month (“Bi-annually), or twelve-month (“Annually”) period. Each category and location combination enables the advertiser to feature one (1) company listing in the particular category along with the location combinations. Your Sponsored Business Listing is billed at the time of subscription at sponsored plans prior to the Sponsored Listing. A Credit card/ Debit Card/ Net Banking/ UPI/ Payment Wallet is required to set-up the Sponsored Business Listing for any of the Monthly/Quarterly/ Bi-annually/ Annual period. All Sponsored Business Listings must conform as per the Lystkart.com guidelines and must be relevant topically to the category and location. All Sponsored Business Listings are subject to final approval by the LystKart.com Review team, which in their sole discretion may reject a Sponsored Business Listing request for any reason. LystKart.com reserves the right to decide whether, where, and how a Sponsored Business Listing is listed. Lystkart.com reserves the right to reject a Sponsored Business Listing submission. All fees paid for the Sponsored Business Listing Service are NON-REFUNDABLE.

CHANGE POLICY

Our business changes constantly and our Privacy policy will change also. You should check our websites frequently to see recent changes as LystKart Private Limited reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LystKart.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

DATA BACKUP

You are solely responsible for backing up any Content that you store on any customizable area on LystKart.com. We are not responsible for the loss of any data or Content you elect to store at the Server at LystKart.com

PAYMENT & REFUND POLICY

You agree to pay the applicable fees and charges for membership plans and other purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from LystKart.com are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on LystKart.com You must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from LystKart.com, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on LystKart.com. You agree to pay all charges you incur in connection with your Business Listing in immediately available funds. You agree to provide a valid payment method for LystKart.com Subscription and you agree to keep this information up to date. Payments are due in advance. These fees are not refundable. Payments are due on the anniversary date of your original order. You authorize and direct us to charge your designated payment method for your subscription or, if your designated payment method fails, to charge any other payment method you have on file with us. You authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. LystKart.com may change, add or delete any aspect of the Service at any time. Subscription services will remain available during the subscription period and will not be available after the subscription period ends. In instances wherein an immediate deactivation or refund occurs, the availability of services and content may be terminated immediately. EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” LystKart.com does not guarantee (a) the appearance and/or location of any listing or advertisement, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements. LystKart.com Terms of Service are incorporated by reference and made a part of these terms, including without limitation, all terms related to limitation of liability and indemnification, governing law and venue. Premium Subscription Services We may offer from time-to-time additional, premium subscription services on LystKart.com for business owners and marketing organizations. These premium subscription services will be subject to additional terms, conditions, and limitations for the user for such services. You agree that you are bound by these additional terms when you sign up for these premium services We may bundle various products in different subscriptions. You can elect which bundled services you which to purchase when you place an order with us. Any monthly plans for premium subscription services are payable in advance, are not refundable, and may be cancelled at any time by you.  We may offer special prices for longer-term subscriptions that require longer-term commitments, such as three months, six months or a year. Such plans may not be cancelled during the term and are non-refundable. All premium subscriptions renew automatically unless cancelled by you before any renewal date. We may modify and change these offerings at any time. Sponsored Business Listing Service Participation Sponsored Business Listing Service shall be effective on the date you receive an email confirmation that your Sponsored Business Listing is added to the Sponsored Business Listing Service upon the payment of the fees and will continue for an initial term (“Initial Term”) of one month/ one quarter/ half year/ one year from this date of payment. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a one month/ one quarter/ half year/ one year) each (“Renewal Term”) and the Monthly or annual fee whichever applies will be billed to your credit card/ debit/ UPI/ Payment Wallet at the start of the Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Sponsored Business Listing will remain active until the end of your Initial Term or Renewal Term, unless otherwise terminated by LystKart.com. If you request that your Sponsored Business Listing be removed before the end of the Initial Term or Renewal Term for which you have pre-paid the recurring Monthly/ Quarterly/ Half Yearly/ annual fee, you agree that LystKart.com will not be required to refund any portion of such fee.

COMMENT POLICY

We are dedicated to maintaining a respectful community that actively engages in lively discussions about the business products and services. Please be polite to all the members of our LystKart Community, including other commenters, authors and the subjects of articles. Above all, we believe strongly that the LystKart Community should be a safe and welcoming space for all individuals, groups and their ideas. Also, keep in mind that there are real people reading your comments. We will accept reasonable or constructive comments that contribute to debate, including criticisms – so feel free to say what you want within reason. LystKart community does not tolerate direct or indirect attacks, name-calling or insults, nor does it tolerate intentional attempts to derail, hijack, troll or bait others into an emotional response. We operate a propriety filter, so comments are routed to the LystKart.com Review Team and not posted for public view until they have been checked. Every person's opinion is valuable and unique. Pretending to be someone else removes that unique value from you or from others. Don't misrepresent yourself or others, or spread mis-information. If you do, you will make the community a less enjoyable and valuable place to be and misrepresentation may be removed when we see it. There will be a brief delay in posting overnight, at weekends and when we are very busy. LystKart.com is for a wide audience, and comments which include offensive or inappropriate language, or considered to be rude and offensive, will be edited or deleted. No personal attacks are permitted in review comments. You may question or argue the content, but not attack any business lister or advertiser, nor any other commenters. A comment which does not add to the conversation, runs off on an inappropriate tangent, or kills the conversation may be edited, or deleted. Anyone who violates this Comments Policy may be blocked from commenting on LystKart.com. The LystKart.com Review Team reserve the right to edit, delete, move, or mark as spam any and all comments at our discretion. We also have the right to block access and delete the account of any individual or group of people from commenting, or from the website. 

COPYRIGHT LAW

Copyright © [LystKart.com] [2023] All Rights Reserved
All files and information contained in this Website or Blog are copyright by [LystKart Private Limited], and may not be duplicated, copied, modified or adapted, in any way without our written permission. LystKart.com may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Products and Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of [LystKart Private Limited]. Our Content, as found within our Website, Products and Services, is protected under Indian corporate Law and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer from LystKart.com to you any LystKart Private Limited or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LystKart Private Limited. The LystKart.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of LystKart Private Limited or LystKart Private Limited licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LystKart Private Limited or third-party trademarks.

LIMITATION OF LIABILITY

IN NO EVENT WILL LystKart Private Limited, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; or (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO LystKart Private Limited UNDER THIS AGREEMENT DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ALLEGED BREACH. LystKart Private Limited SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.