1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement between you (whether individually or on behalf of an entity, hereinafter referred to as “you”) and LaFetch, operating as LaFetch, with its registered office at First Floor, Universal Trade Tower, Sohna-Gurgaon Road, Block S, Sector 49, Gurugram, Haryana 122018, India (hereinafter referred to as “we,” “us,” or “our”). These Terms govern your access to and use of the LaFetch App and website (https://la-fetch.com) (collectively referred to as the “Application”). 

The Application provides the following services:

You agree that by accessing the Application and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Application and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We reserve the right to modify or update these Terms and Conditions at any time at our sole discretion. All changes will be effective immediately upon posting the revised Terms and Conditions on the Application, unless otherwise specified. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Application from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5 Our application is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Application is intended for use only by individuals who are at least 18 years old or the legal age of majority in your jurisdiction. If you are under 18, you may only use the Application with the express consent of a parent or legal guardian.

1.7 Additional policies which also apply to your use of the Application include:
Certain parts of this Application can be used only on payment of a fee.

2. Acceptable Use

2.1 You may not access or use the Application for any purpose other than that for which we make the application and our services available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Application, you agree not to:
– Systematically retrieve data or other content from the application to a compile database or directory without written permission from us
– Use a buying agent or purchasing agent to make purchases on the application
– Use the Application to advertise or sell goods and services
– Advertise products or services not intended by us
– Engage in unauthorized framing of or linking to the Application
– Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
– Make improper use of our support services, or submit false reports of abuse or misconduct
– Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
– Interfere with, disrupt, or create an undue burden on the application or the networks and services connected to the Application
– Use the Application or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
– Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
– Use any information obtained from the Application in order to harass, abuse, or harm another person
– Copy or adapt the Application’s software, including but not limited to Flash or code
– Threaten users with negative feedback or offering services solely to give positive feedback to users
– Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info@la-fetch.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3 As part of the functionality of the Application, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Application; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Application. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Application.

You will have the ability to disable the connection between your account on the Application and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. At your email request to info@la-fetch.com or through your account settings (if applicable), we will deactivate the connection between the Application and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Application or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Application, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Application and otherwise. We do not have to attribute your User Content to you.

4.3 In posting User Content, including reviews or making contact with other users of the Application you shall comply with our Acceptable Use Policy https://la-fetch.com/privacy-policy.

4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.5 We have the right to remove any User Content you put on the Application if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.6 We are not responsible and accept no liability for any Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any Content but we reserve the right to remove, screen and/or edit any Content without notice and at any time. Content has not been verified or approved by us and the views expressed by other users on the Application do not represent our views or values.

4.7 If you wish to complain about Content uploaded by other users please contact us at info@la-fetch.com or use the take down or report button.

5. Our content

5.1 Unless otherwise indicated, the Application and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Application, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Application, you are granted a limited licence to access and use the Application and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Application or any networks, servers or computer systems connected to the Application; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Application or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Application and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Application that contains viruses.

5.6 The content on the Application, including any materials, advice, or information, is provided for general informational purposes only. It does not constitute professional, financial, or legal advice, and you should seek independent expert consultation before relying on such content.

5.7 Although we make reasonable efforts to update the information on our application, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Application is accurate, complete or up to date.

6. Link to third party content

6.1 The Application may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We disclaim all liability arising from advertisements or promotional content hosted on the Application. Any engagement or transactions with third-party advertisers are solely between you and the advertiser.

7. Application Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Application or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application and Services.

7.2 We do not guarantee that the Application will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Application and you should use your own virus protection software.

8. Modifications to and availability of the Application

8.1 We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We do not guarantee uninterrupted access to the Application and Services. Temporary interruptions due to technical issues, maintenance, or factors beyond our control may occur, and we disclaim liability for any resulting inconvenience or loss. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application or Services during any downtime or discontinuance of the Application or Services. We are not obliged to maintain and support the Application or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Application and Services are provided on an as-is and as-available basis. You agree that your use of the Application and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Application and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Application’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the application or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Application/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of ₹20,00,000 or (b) the amount paid, if any, by you to us for the Services/Application during the six (6) month period prior to any cause of action arising.

If you are a consumer user:
Please note that we only provide our Application for domestic and private use. You agree not to use our Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the Application or Services or are otherwise a user of the Application, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@la-fetch.com.

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Application and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Application/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Application and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Application Services

11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

11.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

12. General

12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

12.4 We may assign any or all of our rights and obligations to others at any time.

12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Application or Services.

12.8 These Terms and Conditions, their subject matter, and their interpretation shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The courts of Gurugram, Haryana, shall have exclusive jurisdiction over any disputes arising under these Terms.

12.9 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

12.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info@la-fetch.com or by post to:

First Floor, Universal Trade Tower,
Sohna-Gurgaon rd, Block S,
Sector 49,
Gurugram, haryana 122018

13. Delivery

13.1 The default delivery model provided by the First Party for the delivery of purchased Products to the Second Party is the Drop-Ship Model, as detailed herein. The First Party may, at its sole discretion, introduce additional delivery models at any time.

13.2 The Second Party is responsible for packaging and shipping the product to customers via courier through one of the Delivery Partners designated by the First Party. The Second Party must issue a dispatch report to the First Party as soon as the shipment is handed over to the Delivery Partner (“Drop-Ship Model”). Unless otherwise agreed, the Drop-Ship Model shall remain the default delivery mechanism.

13.3 In the event of any complaint from a customer regarding damaged, incorrect, short, or expired products, the First Party reserves the right to investigate the complaint. The Second Party will be provided an opportunity to respond, but if the Second Party is found liable, they will be responsible for replacing or refunding the product to the customer.

13.4 The Second Party must ensure that the product is ready for dispatch within the agreed timelines. Coordination with the Delivery Partner for timely handover is the responsibility of the Second Party.

13.5 The Second Party is required to use the packaging and accessories provided by the First Party for every order received through the First Party’s platform. A fine of ₹500 per product will be levied if the Second Party fails to comply.

13.6 In cases of default or negligence on the part of the Second Party regarding the delivery or packaging, the First Party reserves the right to take appropriate action, including levying penalties or suspending operations.

14. Cancellation, Returns, and Refunds

14.1 Delay in Delivery: If the Second Party delays handing over the product to the Delivery Partner beyond 3 days from the order date, the First Party may cancel the order. Repeated delays (more than 5 orders in a month) may result in penalties amounting to 15% of the Maximum Retail Price (MRP) of the delayed products.

14.2 Non-Delivery and Returns: In cases where the product is not delivered due to the fault of the Second Party, the First Party reserves the right to cancel the order and refund the customer. Repeated non-deliveries (more than 5 orders in a month) may also result in penalties of 15% of the MRP of the affected products.

• Continuous defaults over a period of 60 days may result in suspension of the Second Party’s account until further notice.

14.3 Customer Returns and Refunds:

• Returns and refunds will be processed in accordance with the First Party’s return and refund policy. The Second Party must comply with all requests for refunds or replacements initiated through the platform.
• For any customer request for returns, exchanges, or refunds, the Second Party must resolve the issue promptly in coordination with the First Party. Queries or concerns regarding returned goods must be raised within 48 hours of receiving the return shipment via email.

14.4 No-Cost Exchanges: The Second Party must honor up to two no-cost exchanges per product, as permitted by the First Party. Refusal to facilitate an exchange may result in proportional fines levied by the First Party.

14.5 Liability for Returned Goods: The Second Party remains responsible for all products listed on the First Party’s platform. The First Party will not be held liable for manufacturing defects or any other claims related to product quality.

14.6 Penalties and Adjustments: In cases of recurring issues, the First Party reserves the right to deduct penalties, refunds, or fines from payments due to the Second Party. The Second Party agrees not to unreasonably object to such deductions.