Terms & Conditions
2. INTERPRETATION Unless the context otherwise requires or a contrary indication appears: (a) Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision. (b) Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being. (c) Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses. (d) The singular includes the plural and vice versa and words importing a particular gender include all genders. (e) The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
4. ACCESS TO THE SITE i. First time Users can access the Site for preliminary browsing without creating an Account. ii. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services. iii. Lapstro shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and Lapstro reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action. iv. The User undertakes to cooperate with any of Lapstro’s personnel in connecting with the User’s access to the Site, as may be required by Lapstro.
5. SUBSCRIPTION PLANS i. Lapstro offers a combination of Services which the User may subscribe to, subject to the need of the User, upon payment of applicable fees. ii. The subscription fee paid by the User is non-refundable except when the User selects the Moneyback Plan as detailed on the Site. iii. Lapstro reserves the right to revise the fee of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. Lapstro shall intimate the User of such revised fees and the User undertakes to pay to Lapstro the difference in the amount after such revision.
6. USER INFORMATION i. Lapstro shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information. ii. Lapstro shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part. iii. Lapstro reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion. iv. Lapstro shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.
7. RIGHTS OF LAPSTRO i. Lapstro, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Site. ii. Subject to Applicable Law, Lapstro has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account in order to ensure that the Brokers are not registering themselves on the Site. In the event, a User is detected as a Broker, Lapstro has the right to reject or disable such Account without cause. iii. Lapstro has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the Site, at any time, without any prior notice to the User. iv. Lapstro shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as Lapstro may deem fit. Lapstro shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site. v. Lapstro has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. Lapstro may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. Lapstro does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to hello@Lapstro.in.
8. EUROPEAN UNION DATA PROTECTION RIGHTS i. Subject to Applicable Law and in accordance with the European Union General Data Protection Regulations (EU GDPR), Lapstro acknowledges and undertakes to comply on a best effort basis with the rights available to its Users of European nationality/ EU residents set out below: (a) the right to know the purposes for which the User Information shall be collected and used; (b) the right to access information that personally identifies the User; (c) the right to rectify incorrect information; (d) the right to delete or remove information after discontinuation of the Services; (e) the right to data portability; (f) the right to restrict data or information from being processed; and (g) the right to opt out of providing or sharing information with Lapstro. ii. The Users of Lapstro to whom the EU GDPR applies, understand and acknowledge that these rights shall at all times be subject to Applicable Law and are not an exhaustive list of the rights available pursuant to the EU GDPR. The relevant Users shall exercise any of these rights by raising a personal and direct request with Lapstro on hello@Lapstro.in.
11. LAPSTRO PLATFORM The Users agree and acknowledge that Lapstro is only an online platform that allows the Users to interact with each other for the purpose of listing their property on the Site and/or searching for appropriate options. The Users further understand and accept that: i. The Users are ultimately responsible for choosing and/or interacting with other Users on the Site and Lapstro is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the Users with other Users on the Site. ii. Lapstro may provide the Users the profile previews of other Users who may be suitable to tender to the requirements of the Users based on information that the Users provide to Lapstro. Please note that Lapstro (i) does not recommend or endorse any other User i.e it does not endorse any house owners and tenants registered on the Site; and (ii) does not make any representations or warranties with respect to the other Users or the property listed by them. Lapstro shall not be liable, for any reason whatsoever, for any disputes amongst the Users and there is no liability on Lapstro for the consequences that the Users may be subjected to while dealing with other Users on the Site. iii. Information regarding all the Users and/or any third party whose services the Users avail through the Site as displayed on the Site is intended for general reference purposes only. Such information is mainly self-reported by the Users and/or the third party and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Site with respect to the other Users or the property listed by them. iv. The Users understand and agree that any interactions and associated issues with the other Users and/or the third parties with whom the Users interact through the Site or the third party whose services the Users avail through the Site including but not limited to any service-related issues, any Prohibited Conduct issue, any fraudulent activity is strictly amongst the Users and/or the third party and the User shall not hold Lapstro responsible for any such interactions and associated issues. If the Users decide to engage with other Users, the Users do so at their own risk. v. Lapstro cannot assure that all the transactions will be completed nor does Lapstro guarantee the ability or intent of the Users to fulfil their obligations under any transaction. Lapstro advises the Users to perform their own investigation prior to selecting and/or interacting with the other Users on the Site.
12. LAPSTRO PAY TERMS & CONDITIONS i. Role: Any registered User of the Site may choose to make Lapstro payments, maintenance payments and payment of security deposit/ token amounts, through the payment gateway(s) authorized by Lapstro . In this regard, the Users are asked to provide customary billing information such as name, financial instrument information which shall include the bank account number, IFSC code of the User, the details of the landlord to whom the payment has to be made and the address of the property with regard to which the Lapstro or security deposit is to be paid. Users may also be asked to provide a copy of the Lapstroal agreement pursuant to which such Lapstro payments are being made. The Users must provide accurate, curLapstro, and complete information while making the payment through the Site and it shall be the User’s obligation to keep this information up-to-date at all times. The Users are solely responsible for the accuracy and completeness of the information provided by them and Lapstro shall not be responsible for any loss suffered by the User as a result of any incorrect information, including payment information provided by the Users. Except for Lapstro’s limited role in processing the payments that registered Users authorize or initiate, Lapstro is not involved in any underlying transaction between the User, any other User, any third person or any service providers. Lapstro is not a bank and does not offer any banking or related services. Lapstro may use the services of one or more third parties (each a "Processor") to provide the Service and process the User’s transactions. Further, Lapstro does not guarantee payment on behalf of any registered User, other User or Processor and explicitly disclaims all liability for any act or omission of any User or Processor. Lapstro is neither an agent of the lessor or lessee or any registered User. Lapstro acts solely as an intermediary which facilitates payments between the registered Users making the payment and the intended third-party beneficiaries. ii. Authorization: The User acknowledges that Lapstro is authorized by the User to hold, receive and disburse funds in accordance with the User’s payment instructions provided through the Site for the purposes of facilitating the transfer of monies to the intended beneficiary as specified by the User on the Site . [The authorization given by the Users permits Lapstro (a) to debit or credit the User’s balance, bank account, any credit card, debit card, or other payment cards or any other payment method that Lapstro accepts] or (b) to process payment transactions that the Users authorize by generating an electronic funds transfer. [By instructing Lapstro to pay another User, the Users authorize and order Lapstro to make the payments (less any applicable fees or other amounts we may collect under this Agreement) to such user. Lapstro may limit the recipient's ability to use or withdraw the committed funds for such period of time that Lapstro has agreed to with the recipient.] iii. Fees: The User agrees that they may be charged a service charge by Lapstro for using the Site to make Lapstroal payments or payment of security deposits. iv. Transaction Limits: Lapstro may delay, suspend or reject a transaction for any payment(s) for any reason, including without limitation if Lapstro suspects that the transaction subjects it to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement subject to dispute or otherwise unusual. v. Chargebacks: The amount of a transaction may be charged back or reversed to the User (a "Chargeback") if the transaction (a) is disputed by the sender, (b) is reversed for any reason, (c) was not authorized or Lapstro has reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. The Users owe Lapstro and will immediately pay Lapstro the amount of any Chargeback and any associated fees, fines, or penalties assessed by Lapstro’s Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies ("Networks"). The Users agree to assist Lapstro when requested, at the User’s expense, to investigate any of the User’s transactions processed through the Service. For Chargebacks associated with cards, Lapstro will work with the Users to contest the Chargeback with the Network or issuing banks should the User choose to contest the Chargeback. In this regard, Lapstro will request necessary information from the User to contest the Chargeback and the User’s failure to timely assist Lapstro in investigating a transaction, including without limitation providing necessary documentation within 5 business days of Lapstro’s request, may result in an irreversible Chargeback. vi. Liability: The Users agree not to hold Lapstro responsible and/or liable for any issue or claim arising out of any dispute whatsoever between the User and the Processor and/or the User and the User’s bank or financial institution. Additionally, please note that Lapstro shall not be responsible for any additional fees or charges deducted by the Processors while processing payments in connection with the User’s transaction and Lapstro disclaims all liability in this regard. Further, the Users may also be subject to additional terms and conditions imposed by such Processors and the Users should review these terms and conditions before authorizing any payments through the Processors. vii. Refunds: [In case, Lapstro is not able to facilitate transfer the Lapstro amount to the beneficiary account due to any technical difficulties, Lapstro will refund the payment back to the source.] The Users are advised not to transfer the Lapstro directly to the landlord until a refund ID is generated and sent to the Users through email and SMS. viii. The Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of the User’s access to and use of the payment Services remains with the Users. If the Users permit or authorize another person to use their Lapstro account in any way, the Users shall be responsible for the actions taken by that person. Neither Lapstro nor any other party or Processor involved in creating, producing, or delivering the payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these payments terms.
13. LAPSTRO PACKERS AND MOVERS TERMS & CONDITIONS i. The consignments accepted for despatch through our lorries are carried entirely at owner's risk., The Users are advised to keep their cash/ jewellery/valuables in safe custody during the course of the service. Goods transfer through rope is at the sole discretion of the Users. Any concerns that the Users may have during or after the provision of the service should be brought to our notice immediately. No-Broker shall not be liable for any mishappening or for any loss or damage other than negligence that the Users may incur in connection with engaging the services. All agreements, damage claims that arise through this service availed of by the User shall be brought to the notice of the Company though our helpdesk .. In this regard, Lapstro suggests user to assess the inventory properly for any damages before the handover and Lapstro recommends the ‘Insurance of Freight’. Particulars of the Lapstro Transit Insurance: (a) For any missing item, the User has to obtain a NDC (Non-delivery certificate) or shortage form immediately from the Company. (b) In the case of no NDC, the claim shall not be processed for a missing item. (c) For such claims to be legitimate, the claims shall be made within 2 days from the date of completion of the service. (d) The User has to obtain a LR copy and damage report certificate immediately from the Company in case of any damage relating to the delivery of the inventory. ii. To ensure smooth provision of the service, the Users are required to intimate Lapstro in advance if the vehicle of Lapstro can enter the premises/lane of the User, the distance between the vehicle of Lapstro and the lift/house gate, as the case may be, and the maximum time the vehicle can be retained inside the premises. iii. The packing materials used by Lapstro is the property of Lapstro and will be taken back on the same day of unloading, otherwise, Lapstro will be charged as our Policy. iv. The fees quoted by Lapstro is subject to various factors and hence a slot is booked in advance. The fees quoted by Lapstro may change if the movement date/inventory/distance is changed after confirmation of payment. In this regard, a revised quotation will be offered as per the change in price if necessary. v. The fees charged by Lapstro for the provision of the Service shall not include (i) any dismantling (carpenter work) and fittings of electrical, electronic appliances; (ii) any Mathadi (Union Labour & related) charges; and (iii) any arranging work which includes pipes, gas filling, extra wire, fittings associated etc. Additionally, materials have to be purchased separately for such mantle and dismantle work which is not part of the fees quotes by Lapstro and have to be borne by the User. vi. The mode of payment for the provision of this service shall be at the sole discretion of Lapstro. vii. Where due to unforeseen circumstances, it is not reasonably practicable for either party to undertake the service, the liability, if any, in such a situation shall be limited to the token amount paid by the User for the service. Where the User cancels the service after the Lapstro reaches the pickup location, the transportation charges will be borne by the User, however, the token amount shall be fully refundable on shifting cancellation up to 1 day before the provision of the service. viii. Please note that the provision of unloading and unpacking is not available in the state of Kerala, India.
14. CREDIT BUREAU CREDIT SCORE TERMS & CONDITIONS BY EXECUTING THIS AGREEMENT / CONSENT FORM, THE USER EXPRESSLY AGREES TO ACCESS THE CREDIT BUREAU CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”). THE USER HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUCH CREDIT INFORMATION BEING PROVIDED BY CREDIT BUREAU TO THE USER AND LAPSTRO BY USING CREDIT BUREAU TOOLS, ALGORITHMS AND DEVICES AND THE USER HEREBY AGREES, ACKNOWLEDGES AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN. i. Information collection, use, confidentiality, no-disclosure and data purging: Lapstro shall access the User’s credit information as the User’s authorized representative and Lapstro shall use the credit information for limited end use purpose consisting of and in relation to the services proposed to be availed by the User from Lapstro. Lapstro shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or Lapstro the credit information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA. The parties agree to protect and keep confidential the credit information both online and offline. The credit information shared by the User, or received by Lapstro on the User’s behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day from the completion of the transaction/ end use purpose for which the credit information report was procured. ii. Credit bureau can be one of equifax/experian. iii. Definitions: Capitalized terms used herein but not defined above shall have the following meanings: “Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai. “Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Credit bureau; “Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Credit bureau. “CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.
15. CONTENT ON THE SITE Lapstro shall endeavor to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service: (i) attempt or help anyone else attempt to gain unauthorized access to the Site or Lapstro’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site); (ii) use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile); (iii) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way; (viii) modify or make derivative works based upon the Service or the Content of Lapstro; (ix) create internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or internet-based device; or (x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
16. USER GENERATED CONTENT The Site may contain user generated content (“UGC”) which Lapstro does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent Lapstro’s views, opinions, beliefs, morals or values. Lapstro does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the Site. After posting any UGC on the Site, the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. Lapstro shall do its best to monitor, edit or remove such UGC where Lapstro considers it appropriate or necessary to do so. Lapstro does not promise that the content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties. The Users hereby expressly acknowledge and agree that Lapstro will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.
17. INTELLECTUAL PROPERTY i. Lapstro respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else's Intellectual Property. ii. The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of Lapstro’s Intellectual Property Rights: (a) misrepresentation of User Information or Content as their own property; (b) using the Content directly or indirectly, publicly or privately for charging brokerage from the Users; (c) using the Content directly or indirectly, publicly or privately for charging brokerage from any third party; and (d) using the Content to display Broker like behaviour. iii. The User shall not upload, post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property. iv. Lapstro reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law. v. The User further accepts and agrees that Lapstro shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.
18. OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS i. Lapstro does not warrant in any manner whatsoever that the Site or any other software utilized by Lapstro for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with Lapstro. ii. Lapstro shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry. iii.Lapstro shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
19. LAPSTROAL AGREEMENT i. If and when the User chooses to avail the Lapstroal agreement services from Lapstro, the User and the concerned property owner shall provide Personal Information as may be required for successful completion of registering the Lapstroal agreement. ii. For the purposes of this Agreement, the User and concerned property owner undertake: (a) to not hold Lapstro liable for any dispute that may arise between them, at any time; (b) to not hold Lapstro liable for any loss or damage that either the User or the concerned property holder may suffer or incur that arise, result from, or relate in any way to any fraudulent, negligent act or any Prohibited Conduct by another User. to bear registration or stamp duty charges on the Lapstroal agreements or any associated agreements as per Applicable Law and not hold Lapstro liable for any penalty that may arise due to payment of insufficient charges; (c) to not hold Lapstro liable for any damages that they may incur as a result of sharing information for registering the Lapstroal agreement; and (d) to disclose additional information to third parties and/or Lapstro, as may be required from time to time in order to complete the registration process.
22. LIMITATION OF LIABILITY 'Lapstro’s total aggregate liability under this Agreement and in relation to anything which Lapstro has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of Lapstro arises. ',
23. INDEMNITY Lapstro and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees)incurred and/or suffered by Lapstro, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s: (a) breach of any terms of this Agreement; (b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property; (c) claims made by any Government Authority due to the User’s violation of Applicable Law; or (d) actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement. (e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.
24. REAL ESTATE REGULATORY AUTHORITY (a) For the purposes of this Agreement and Services related thereto, it shall be deemed that the Users are aware about the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. Lapstro recommends that the Users periodically visit the concerned RERA website for updates and information in relation to any property listed on the Site, prior to finalizing any deal or transaction. (b) Lapstro does not endorse or advertise any property listed on the Site and it shall not be held liable for listing any property on its Site where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that Lapstro has any connection or relation with the parties listing their properties on the Site.
25. USER GRIEVANCE Any User grievance relating to the discrepancies or misuse of information so provided to Lapstro may be addressed to the grievance officer, whose details are provided below appointed by Lapstro for this purpose. Designation : Vertical Head Email Id : info@Lapstro.in The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.
26. GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/ REPORT A FRAUD The LEAs can send us the legal requests/ notices to us on info@Lapstro.in. We will try to respond within 72 hours of receiving the request.
27. WAIVER AND SEVERABILITY i. No failure or delay on the part of Lapstro in exercising any right or remedy shall operate as a waiver of such right or remedy. ii. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole. iii. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, Lapstro) while drafting it.
28. AMENDMENT (a) Lapstro shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updation or modification will be made available on the Site. (b) The User’s uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.
29. GOVERNING LAW AND JURISDICTION Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Bengaluru shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, Lapstro shall not be restricted or with held from instituting proceedings in courts/ tribunals of any jurisdiction other than Bengaluru that it may in its sole discretion deem appropriate and convenient.