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TERMS & CONDITIONS

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between Lastnight, having its postal address at P-229, Block-B, Lake Town, Kolkata - 700089 (hereinafter referred to the “Company” or “Lastnight” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your use of www.lastnight.co.in (hereinafter referred to as the “Website” or “Site”).

 

Please read these Terms carefully, as these, along with our Disclaimer, Shipment Policy, Return & Refund Policy, Privacy Policy statement and Cookie Policy forms the entire agreement between you and Lastnight. If you do not accept these Terms in its entirety, then you may not use the site or purchase our products.

 

Additionally, whenever you make a purchase on our Website, the same is governed by our Shipment Policy as well as our Return & Refund Policy, and how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms & Conditions shall be read in conjunction with our Shipment Policy, Return & Refund Policy, Privacy Policy statement and Cookie Policy.

  1. Acceptance of the Terms & Conditions

By accessing or using or registering or shopping on our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

  • You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.

  • You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. For example, if you are from India, you must at least 18 years in age. In case you are not of the age of majority as per the laws of the State/Country that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Website.

  • We must not have previously disabled your account for violation of law or any of our policies.

  • You have read, understood and consented to our Disclaimer, Shipment Policy, Return & Refund Policy as well as our Privacy Policy statement and Cookie Policy.

 

 2.  Accounts, Passwords and Security

  1. Account: To access various parts of the Website, to purchase our products, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. 

  2. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorised access to or use of your account.

  3. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.

 

 3.   Use of the Site

  i.  Allowed uses:

  • Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.

  • Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.

  • Material: For the purposes of these Terms, “material” shall mean any text, video, graphics, sound material, published on the Website, whether a copyright of Lastnight, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

 ii.  Restricted uses:

  1. You cannot use or access our Website solely with a purpose of building a competing website/business. You are strictly prohibited from copying or using any content (including our products, description of products, trademarks etc.) without our prior written consent.

  2. You can’t impersonate others, create duplicate accounts, or provide inaccurate information. 

  3. You cannot use our Site or purchase our products for the purpose of resale;

  4. You can’t raise or comment or write review on any political, racist or such other issue which effect’s a person, community or society.

  5. You must not misuse or interfere with the Services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

  6. You must not:

  • republish material from this Website;

  • sell, rent or sub-license material from the Website;

  • show any material from the Website in public without our consent;

  • edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);

  • reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or

  • redistribute material from the Website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;

  • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

  • We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.

  7.   You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in      

       connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  8.   You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, root kit or other malicious computer software.

  9.   You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions, we reserve the right to suspend or terminate your account or your access to the Website or our services, at our sole discretion.

 4.   Ownership Rights and Account Deletion

  • Lastnight’s Rights: This Website, its logos, its content, trademarks, trade dress, trade name, all of our products (including imitation jewellery and other small accessories) listed on the website as purchased by you, shall remain the sole property of Lastnight. Your use of or access to this Website or purchase of the products shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, products, any content published by us or our licensors or third parties. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to Lastnight and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of Lastnight.

  • Your account: You can delete your account from our Website at any time.

 5.   Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

 6.   Links to Third-party Sites 

The Website might contain links to third-party websites, products and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such third-party links are not under the control of Company, and Company is not responsible for any third-party links. Company provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Lastnight shall not be responsible.

 

 7.   Orders, Payments and Taxes

All orders are subject to acceptance and availability and you agree to pay for the products that you purchase on our Website, and you authorise us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes, customs and duties (wherever applicable), including but not limited to, sales tax, import duty and other charges. We reserve the right to modify the prices of our products, or discontinue the sale of any or all the products, at any time at our sole discretion, without any prior notice. 

 8.   Refunds and Exchange

We accept the returns and issue refund in certain circumstances. To understand this, please refer to our detailed Return and Refund Policy available on our Website, in order to understand when and how we process the returns and refunds.

 

 9.   Disclaimer

The site and all its products are provided on an “as-is” and “as available” basis, and Lastnight (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind. For more information, please read our Disclaimer statement. 

 10. Limitation of Liability

  • To the maximum extent permitted by law, in no event shall our Company (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or purchase from, the site, even if Lastnight has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

  • To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your order in question. The existence of more than one claim will not enlarge this limit. You agree that our suppliers, licensors, vendors or affiliates will have no liability of any kind arising from or relating to these Terms.

 

 11. Indemnity

You acknowledge to defend, indemnify and hold Lastnight, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

  • Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;

  • Your wrongful or improper use of our products, services, Site;

  • Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

  • Your violation of these Terms or any other policy of Company as associated with our services;

  • The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

 12. Copyright Infringement Notice

  • If we are put on notice that your use, action, comment or feedback violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your feedback from our platform, and/or delete, suspend your account from Website.

  • Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim with our Copyright Agent, namely (Bakul Benzymen), at (lastnight.cs@gmail.com) for such complaints and claims.

  • You are required to follow the below procedure to file a claim:

  • Identify in writing the copyrighted material that you claim has been infringed upon;

  • Identify in writing the copyrighted material that has infringed upon your copyright;

  • Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;

  • Provide your physical and/or electronic signature;

  • Send us a written communication to lastnight.cs@gmail.com;

  • You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

 13. Governing Law and Dispute Resolution

  • Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of Republic of India.

  • Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Kolkata, WB (India).

  • Applicable Statute: The above-mentioned governing law and jurisdiction shall only apply to you unless the contrary has not been provided by the relevant statute, rules or directives applicable to the jurisdiction in which you reside. However, if the statute, rule or directive prevailing in the jurisdiction that you reside in provides for a different governing law and dispute resolution mechanism, in that case you are well within your rights to exercise the same. 

 14. Notices

When you use the Website or send emails to Lastnight, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Lastnight will communicate with you by email or SMS or WhatsApp or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to your email address or SMS or WhatsApp, as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to lastnight.cs@gmail.com.

 15. Miscellaneous

  • Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

  • Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.

  • Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.

  • No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions or the Terms of Purchase, there shall be no third-party beneficiaries to these Terms & Conditions.

  • No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Lastnight, which may be withheld at Lastnight’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. 

  • Entire Agreement: The Terms, Disclaimer, Shipment Policy, Refund and Return Policy, our Privacy Policy as well as our Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Lastnight and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.

  • Force Majeure: Lastnight and its third party delivery service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service (such as processing or shipment or delivery of your order), in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

  • Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

 

 16. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Shipment Policy or Return & Refund Policy or Privacy Policy or Cookie Policy, or with any content or service or product of Lastnight, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:

 17. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: lastnight.cs@gmail.com.

Last updated on 28.03.2024

Terms & Conditions: Privacy Policy
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