Terms of service

 

TERMS OF USE AND TERMS & CONDITIONS

TERMS OF USE

LAST UPDATED ON: 24/02/2023 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM 

 AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. 

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE PLATFORM. 

Welcome to the Terms of Use ("Terms") of PRNCA Healthcare Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at PRNCA Healthcare Private Limited, MANO FELICITY, Sy.no.68/2, Site No.13- 14/1, 1st Cross (Old 8th Cross), Parappana Agrahara Main Road, Parappana Agrahara, Electronic City Post, Bangalore - 560100, ("Company", "Lukewarm","We", "Us", or "Our"). 

By accessing or using the website available at www.lukewarm.care and any subdomains ("Website") and Our mobile application available on Android and iOS platforms ("Application"). You agree to be bound by these Terms. 

Your agreement with Us includes these Terms, the Privacy Policy available at https://www.lukewarm.care/privacy-policy 

("Agreement"). The Website and Application are collectively referred to as "Platform". 

The expressions "You", "Your" or "User" refers to any person who downloads, accesses, or uses the Platform for any purpose. 

PLEASE READ THE TERMS MENTIONED CAREFULLY BEFORE PROCEEDING WITH BROWSING, SURFING, TRANSACTING OR OTHERWISE USING THE PLATFORM. 

All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms.

  1. AMENDMENT TO THE TERMS
    If You do not agree with these Terms or any provisions in the Agreement, then please refrain from using the Platform. We reserve the right to change, modify, amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can determine when these Terms and/or Agreement were last revised by referring to the 'LAST UPDATED' at the top of these Terms and/or Agreement. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms and/or the Agreement.
  2. ELIGIBILITY CRITERIA 
    User(s) represent and warrant that they have the right to access or use the Platform. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, etc. are not eligible to use the Platform. As such, natural persons below 18 (Eighteen) years of age shall not register as a Member on the Platform and shall not download, access, or use the Platform.

The Company reserves the right to terminate a User's membership and/or refuse to provide the User with access to the Platform if it is brought to the Company's notice or if it is discovered that the User is below the age of 18 (Eighteen) years.

  1. GENERAL DISCLAIMER 

3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and that You are fully able and competent to understand and accept this Agreement as a binding contract and to abide by these Terms. 

3.2. You agree that You shall not access the Platform by any other means other than through the interfaces that are provided by Us. 

3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Platform. 

3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Platform, any other software, products, models, prototypes, or other items provided by Us. 

3.5. You agree that You shall not use any deep-link, robot, spider, or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any part thereof, or obtain any content through means not specifically made available through the Platform. 

3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable law. 

3.7. You agree not to indulge in any derogatory or negative statement(s) or comment(s) about the Platform, Brand, or domain name i.e. lukewarm.care. 

  1. CODE OF CONDUCT 

Users shall not host, display, upload, modify, publish, transmit, update or share any information that: 

  1. belongs to another person and to which the User does not have any right; 
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 
  3. harms minors in any way; 
  4. infringes any patent, trademark, copyright, or other proprietary rights; 
  5. violates any law for the time being in force; 
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
  7. impersonates another person; 
  8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; and 
  9. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; 
  10. engage in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Platform. Throughout these Terms, Lukewarm prior written consent means a communication coming from Lukewarm Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization; and 
  11. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
  1. MEMBER REGISTRATION 

The User shall provide their mobile number for registering as a member on the Platform. The Company shall send a one -time password ("OTP") to the mobile number provided. On completion of verification, the Indian citizen ("Domestic Member") or International citizen ("International Member") shall be registered on the Platform. 

The Domestic Member and International Member shall be collectively referred to as "Member".  

You are solely and fully responsible for maintaining and keeping secure Your Account Information like Login ID and Passwords for all transacting, surfing, or other related activities on the Platform. You agree that Lukewarm reserves the right to terminate/disapprove/suspend/block access to your account permanently or temporarily as the case may apply, in case the registered information provided by You is wrong or inconsistent or found to be wrong or inconsistent.  

  1. PAYMENT

On competition of the registration process, the Member shall be able to purchase products listed on the Platform ("Products"). The Member must make payment for the purchase of the Product as per the instructions stated in the Platform.  

Lukewarm will not be responsible for any loss/damage arising directly or indirectly to You due to: 

  1. Failure of Authorization of Payment Transaction 
  2. Exceeding the Pre-Set Limits on the Amount or Number of Transactions that exist with You and Your Bank. 
  3. Any Transactional Issues pertaining to payments. 
  4. Any related issues pertaining to transactions of payments. 

All the payments must be necessarily and compulsorily accepted by us in INR for all transactions. Any other currency will not be accepted on the Platform.  

You agree, understand, and accept that Lukewarm is not a Banking Service Provider and that the Payment Facility offered by Lukewarm is by acting as a Facilitator.  

Lukewarm reserves the right to impose limits on the Transaction Amount and Number of times a transaction can be undertaken by You. Also, We have the right to refuse any kind of transaction on grounds of the previous history of violations or breach of any contract/agreement either enforceable by Law or by any issuing Authority of the Government.  

Lukewarm may reject Your Cash on Delivery orders based on the creditworthiness and credibility of the Buyer based on certain checks conducted internally on the Platform.  

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by Us with our acquiring bank from time to time.  

  1. SHIPMENT OF PRODUCTS 

On payment for the Product, the Product shall be shipped as per the terms and conditions available at https://www.lukewarm.care/terms.  

  1. REFUND AND RETURNS 

The return and refund of the Products shall be as per the terms available at https://www.lukewarm.care/returns. 

  1. EMI

EMI Terms & Conditions: 

9.1. Select your preferred EMI option at the time of payment. 

9.2. Total Cost shown does not include shipping charges. 

9.3. Final EMI is calculated on the total value of your order at the time of payment. 

9.4. GST may also be levied by the bank as applicable. 

9.5. Interest amount on the first EMI will be calculated from the loan booking date till the payment due date. 

9.6. The minimum order value to avail the EMI payment option. 

BANK NAME - MINIMUM AMOUNT 

Axis Bank EMI - ₹ 2500 

State Bank Of India EMI - ₹ 2500 

Kotak Bank EMI - ₹ 2500 

ICICI Bank EMI - ₹ 2000 

INDUSIND Bank EMI - ₹ 2000 

HSBC Bank EMI - ₹ 2000 

RBL Bank EMI - ₹ 500 

STANDARD CHARTERED Bank - ₹ 2500 

YES Bank EMI - ₹ 2000  

  1. TERMINATION 

The Company may suspend or terminate Member use of the Platform: 

10.1. if it believes, in its sole and absolute discretion that the Member has breached, violated, abused, or unethically manipulated or exploited any term of the Agreement; 

10.2. if it is brought to the Company's notice or if it is discovered that the Member is under the age of 18 (eighteen) years; and 

10.3. if the Company has reasonable grounds to suspect that any information provided by Member is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms.  

  1. USE OF YOUR PERSONAL INFORMATION 

In the course of registering as a Member on the Platform or using the Platform, the User may be asked to provide certain personal information to Us. The Company's information collection and use policies with respect to the privacy of such information are set forth in the Privacy Policy available at http://www.lukewarm.care/privacy-policy   

  1. NO GUARANTEES 

Among other things, the Company does not guarantee that: 

  1. The Platform will meet the User's/Member's expectations; or 
  2. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or 
  3. The results obtained through the use of the Platform will be correct and reliable. 
  4. No guidance or information, written or oral, obtained from the Company or via the Platform, that has not specifically been stated in these Terms, shall constitute any warranty.  
  1. DISCLAIMER AND LIMITATION OF LIABILITIES

THE COMPANY IS MERELY A FACILITATOR. THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  

  1. INDEMNIFICATION
    The User agrees to indemnify, defend and hold harmless the Company/its directors/employees/subsidiaries/employee of its subsidiaries/vendors of the company from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arises out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by User pursuant to these Terms or Privacy Policy.  
  1. SEVERABILITY

If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.  

  1. WAIVER

No provision of the Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.  

  1. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of India. Subject to the dispute resolution clause below, courts and tribunals of Bangalore, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity, or termination of these Terms).  

  1. DISPUTE RESOLUTION

If any dispute, controversy, or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms or any party's performance of its obligations under it, such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party sending a notice (in accordance with Clause 19) to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in Bangalore, India. The sole arbitrator shall be appointed by the Company.  

  1. NOTICES 

All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly made when sent to: PRNCA Healthcare Private Limited, MANO FELICITY, Sy.no.68/2, Site No.13- 14/1, 1st Cross (Old 8th Cross), Parappana Agrahara Main Road, Parappana Agrahara, Electronic City Post, Bangalore - 560100, or by email to admin@lukewarm.care. All notices or demands to or upon Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by the Member on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible. 

 
Notice to Member shall be deemed to be received by such Member if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or immediately upon Platform's posting such notice on an area of the Platform that is publicly accessible.  

  1. MISCELLANEOUS 

20.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

20.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or entity. 

20.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from the Company to the User or from the User to the Company may be monitored and/or 

20.4. Alan Miller is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regard to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at PRNCA Healthcare Private Limited, MANO FELICITY, Sy.no.68/2, Site No.13- 14/1, 1st Cross (Old 8th Cross), Parappana Agrahara Main Road, Parappana Agrahara, Electronic City Post, Bangalore – 560100 or through an email signed with electronic signatures sent to admin@lukewarm.care 

TERMS & CONDITIONS :

Customer Care

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the www.lukewarm.care website. 

The domain name www.lukewarm.care (hereinafter referred to as "Website") is owned by PRNCA Healthcare Private Limited, a firm with its registered office at PRNCA Healthcare Private Limited, MANO FELICITY, Sy.no.68/2, Site No.13- 14/1, 1st Cross (Old 8th Cross), Parappana Agrahara Main Road, Parappana Agrahara, Electronic City Post, Bangalore - 560100, (hereinafter referred to as “Lukewarm”) 
The use of the Website by You including its services is governed by certain terms and conditions as applicable to the website including the policies which are applicable by way of reference. Any kind of transaction on the Website by You shall be subject to the policies applicable to the Website. By the mere use of the Website, You shall be contracting with Lukewarm on the mentioned terms and conditions including the policies that constitute Your binding obligations. 
For the mentioned Terms of Use, whenever/, wherever the context requires You or User, shall mean any natural or legal person who has agreed to become a member of the Website by providing his or her Data with regards to registration using the computer systems. The term our, we, us shall mean Lukewarm.
When You use any services provided by PRNCA Healthcare Private Limited through our Website i.e. Lukewarm, You are subject to rules, policies, and T&C to the use of such services. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility as a User you must keep yourself updated with the T&C changes. Your continued use of the website following the Changes in the policies would mean that You agree to any revisions/changes/updates in T&C and We grant You a personal, non-exclusive, non-transferable, limited privilege to use the Website. 

PLEASE READ THE TERMS OF USE MENTIONED CAREFULLY BEFORE PROCEEDING WITH BROWSING, SURFING, TRANSACTING, OR OTHERWISE USING THE SITE. 

By accepting these Terms of Use, you also accept and agree to be bound by the Lukewarm Privacy Policy.

Eligibility Criteria for Membership 

The Website can be used by persons who can legally enter into contracts under the Indian Contract Act, 1872. All Individuals/Groups who are incompetent under the Indian Contract Act of 1872, are not eligible to use the Website for its Services. In case You are a Minor, i.e. Individual below the age of 18 years, a legal guardian must transact on Your Behalf. The Membership is liable to be terminated by Lukewarm in case it is brought to notice or discovered that the terms under the Indian Contract Act are violated including You being a Minor. 

 Maintaining Your Account and Related Obligations 

 You are solely and fully responsible for maintaining and keeping secure your Account Information like Login ID and Passwords for all transacting, surfing, or other related activities on the Website. You agree that Lukewarm reserves the right to terminate/disapprove/suspend/block access to your account permanently or temporarily as the case may apply, in case the registered information provided by you is wrong or inconsistent or found to be wrong or inconsistent. 

 Terms of Communication 

By using the Website, Mobile Application, or by sending emails or other data, information, or communication to Lukewarm, you agree that You are communicating with Us through electronic records. You also agree to receive communication electronically or otherwise from Us periodically or as and when required. Emails or similar modes of communication including by Post will be used as communication tools to reach You. 

By accepting these Terms of Use, you accept to receive information through WhatsApp, limited to transactional information (related to the product, its use, Order, and account inquiry), and modes of payment from Lukewarm. 

 Charges 

The Website does not charge any fee for Membership on the Website. Browsing and buying on the Website are not chargeable. However, Lukewarm reserves the right to change/add/modify the Fee Policy from time to time 

 Performance, Errors, Corrections, and Changes 

We do not guarantee or represent or warrant that the website/application/link/sub-link /domain /subdomain will be uninterrupted or error-free, free of viruses or other harmful components, or that defects will be corrected. Also, the site/application may be unavailable for periods of time due to scheduled or unscheduled maintenance. 
We do not represent or warrant that the information available on or through the website/application/link/sub-link /domain /subdomain will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site. 

Use of the Website

You as an Individual/Group agree, undertake and confirm that You shall use the Website and Your Use shall be strictly governed and can be terminated at Our sole discretion if your use/action of the rights of a user account that:      

 (a) belongs to another person and to which You do not have any right; 
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 
(c) is misleading in any way; 
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; 
(e) is harassing or advocates harassment of another person; 
(f) involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming"; 
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous; 
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number), or rights of publicity]; 
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to complain about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
(j) contains restricted or password-only access pages, or hidden pages or license images (those not linked to or from another accessible page); 
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; 
(l) provides instructional information about illegal activities such as making or buying illegal products not limiting to weapons, drugs, etc, violating someone's privacy, or providing or creating computer viruses; 
(m) contains video, photographs, or images of another person (with a minor or an adult). 
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website. Throughout this Terms of Use, Lukewarm prior written consent means a communication coming from Lukewarm Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization; 
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; 
(q) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services; 
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms of Use. 
(s) harm minors in any way; 
(t) infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person; 
(x) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; 
(y) threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

  1. You are liable not to use any deep link, page-scrape, robot, spider, or another automatic device, program, algorithm, or methodology, to gain access, copy or acquire any portion of the Website or any of its content. You shall not use the content of the website in any way for any use to replicate or for any of your Personal or Professional Use. 
  2. Hacking, Password Mining or any similar uses to gain access to sensitive information shall be deemed unlawful. You would not indulge in the same. 
  3. You agree not to indulge in any derogatory or negative statement(s) or comment(s) about the Website, any Brand/Products of the Brand or domain name i.e. lukewarm.care  
  4. You agree not to attempt into stopping or interfering with the Proper Working of the Website or any other Person working with the Website. 
  5. You agree not to use the website or any of its content for any purpose which involves unlawful and unethical activities which affect the rights of Lukewarm and/or others. 
  6. Testing the website for its strength and breaching the security of the Website including breaching the firewalls of the Website to extract any kind of information for personal or professional use is not allowed. You agree to not indulge in any such activities. 
  7. You agree to abide in full compliance with the Information Technology Act of 2000 and the rules mentioned thereof as applicable and amended from time to time. 
  8. You shall not forge any information or impersonate any individual from the website including altering any kind of information in the form of electronic or postal mail for Your Personal or Professional Benefit. 

 Policy of Privacy  
Lukewarm believes that the protection of your privacy is of utmost importance and for the same, We store (as per IT Act, 2000) Your Personal Information and Your Financial Information, if any, collected from You, in the utmost secure manner. All Information is stored on the computers in accordance with the IT Act of 2000. Any objections thereof, You are advised not to indulge in any transaction, browse or involve Yourself in any similar activity with the Website. 

You are required to share with Us Your Valid Contact Numbers including Your Mobile Phone Number for Us to contact You in case of any notification which may be via Voice or Short Messaging Service, with regards to Your order or any related inquiry. We may also contact You for keeping you updated with any offers or the latest products added to the Website. 
 

Privacy Policy 

We value the trust you place in Us. That's why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information-gathering and dissemination practices.


Note: 


Our privacy policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy periodically. 
By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If You do not agree please do not use or access Our Website. 

  1. Information

At Lukewarm we try to provide You with a safe, secure, and the best experience of online shopping. For Us to do so, we collect and store Your personal information which is provided by You from time to time. We only collect information that helps Us to provide You which such an experience. 

 Automatic tracking of some information is done to ensure the best experience. Such information is IP Address, etc. 

 Upon Signups with OTP Login & By providing Your contact details, You have automatically authorized and given consent to PRNCA Healthcare Private Limited, its parent Company & its subsidiaries to send You, either through itself or through any third-party service provider, from time to time various information/ alerts/ SMS/ other messages/ Emails/ Calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry listed in National Customer Preference Register or not. You also confirm that by sending any of such messages/ calls, You will not hold any of Our third-party service providers liable/ institute a complaint under the Telecom Commercial Communications Customer reference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. 

 If you register with Us, We collect Your information like billing address, credit/debit card number, expiry date, or other modes of payment used or opted for. We use Your personal information to either inform, notify or send You offers that may be related to your interests or previous purchases. By agreeing to the Opt-In option during registration, You consent to be contacted by Lukewarm via phone calls, SMS notifications, WhatsApp messages, Mobile Applications, and/or any other electronic mode of communication for all Order, Product Related, Any updated information/ New activities, Special Offers, Other products services of Lukewarm, to assist You with Customer Service or Technical Support issues, to Follow up with You after Your visit, to otherwise support Your relationship with Lukewarm or to prevent any fraud and unlawful activity with Your account. You can opt out of this service by writing to us on hi@lukewarm.care, but If You opt-out, you may miss out on Important details of Your Interest. 

  1. Personal Information  

 We may use Your personal information to help serve You better and send You promotional offers/letters to make you know better about the choice of buying You have with us. 

You also have the option to not opt for it. We send You online surveys to understand your requirements better. 

Cookies 

Website cookies are files located in the browser directories. They are used to help navigate You on Our Website efficiently and perform certain functions. The website sets cookies to help authenticate Your logs into a secure area of the website. 

  1. Information Sharing 

 We may share Your information with our associates to ensure safe shopping and due to security-related issues like preventing fraud and thefts. We may also disclose Your information to Government or Authorized Personnel as and when required and necessary. 

  1. Policy on Security

Lukewarm ensures that once Your Personal Information is taken, we store it with utmost precautions. 

  1. Promotion/Offer Mails 

 We give You the option to opt out of any promotional emails sent by Us via electronic communication. Please write to us at hi@lukewarm.care for unsubscribing.  

  1. Agreement to Privacy Policy

You agree that by using the Website, You have agreed to the Terms of Use and the Privacy Policy mentioned hereof. It is Your responsibility to keep Yourself updated in case of any change in the privacy policies of the Website. 

  1. Offers/Discount Coupons 

All promotional discount coupons are valid on sold by Lukewarm products Only. 

Please be aware that Lukewarm or its subsidiaries will never ask you for your personal information/details vide calls and SMS asking for money or personal information in return for a grand prize/lucky draw. If you receive any such communication via SMS or call, please report it to hi@lukewarm.care so that we can raise it with the concerned legal authorities. 

  1. Your rights

You have the following rights in relation to your Data as per the above mentioned Privacy Policy : 

a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why. 

b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete. 

c. Right to erase - the right to request that we delete or remove your Data from our systems. 

d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it. 

e. Right to data portability - the right to request that we move, copy or transfer your Data. 

f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests. 

To make inquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: dataprotectionadmin@lukewarm.care . User will be reverted within 72 hours on the same. 

Description/Content 

We do not guarantee the description, or warranty of any Product listed with us in terms of accuracy, completion, or error-free. Hence, we do not assume any responsibility in this regard. However, any errors in description/content can be reported to hi@lukewarm.care.

Payment 

Lukewarm will not be responsible for any loss/damage arising directly or indirectly to You due to: 

  1. Failure of Authorization of Payment Transaction 
  2. Exceeding the Pre-Set Limits on the Amount or Number of Transactions that exist with You and Your Bank. 
  3. Any Transactional Issues pertaining to payments 
  4. Any related issues pertaining to transactions of payments. 

All the payments must be necessarily and compulsorily accepted by Us in INR for all transactions. Any other currency will not be accepted during checkout on the Website. 

Payment Using Simpl: 
 

Pay-in-3 is a new offering by Simpl which now allows Simpl users to shop with partner merchants and split their total purchase amount into 3 equal, interest-free payments. 
 

The first payment shall be made at the time of purchase. The remaining two payments shall be paid back to Simpl over the following 2 months. 

Example: 
Total Purchase Amount - INR 6000 
Date of Purchase - 16th January 

1st Payment 16th January - paid at the time of purchase INR 2000 
2nd Payment 5th February INR 2000 
3rd Payment 5th March INR 2000 

You agree, understand, and accept that Lukewarm is not a Banking Service Provider and that the Payment Facility offered by Lukewarm is by acting as a Facilitator. 

 Lukewarm reserves the right to impose limits on the Transaction Amount and Number of times a transaction can be undertaken by You. Also, we have the right to refuse any kind of Transaction on grounds of the previous history of violations or breach of any contract/agreement either enforceable by Law or by any issuing Authority of the Government. 

Lukewarm may reject Your Cash on Delivery orders based on the creditworthiness and credibility of the Buyer based on certain checks conducted internally by the Website. 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the set limit mutually agreed by Us with our acquiring bank from time to time.  

Limitation of Liability 

At no point in time shall Lukewarm be liable for any incidental damage which may have arisen from the direct or indirect way in relation to the Terms of Use, even if the User has been informed in advance of such damages. 

Indemnity 

You agree to hold Lukewarm, its owners, affiliates, employees, and anyone related to it professionally, harmless from any kind of demand or claims arising out of breach of the Terms of Use by You.  

Trademark, Copyright, and Restriction 

You agree not to copy, replicate, reproduce, republish, upload, post, transmit or distribute any data which has been put up on the Website. Lukewarm has all the images and content on the Website copyrighted, trademarks with intellectual property rights on the same. You shall not use the data on the website for Your personal & or commercial use.  

Jurisdiction & Law

The Terms of Use of the Website shall be governed and interpreted in accordance with the laws prevailing in the State of India. The Place of Jurisdiction shall be Bangalore, Karnataka, India.  

Complaints 

We have done our best to ensure all our content is Copyright and Trademarked. If you feel that your Trademarks or copyrights have been violated, please feel free to contact us at hi@lukewarm.care 

Delivery Charges 

Lukewarm reserves the right to charge an additional delivery charge over and above the maximum retail price of the product towards the shipping of the product and also Charges applicable in certain geographical areas may increase substantially during times of high demand which will be over and above the shipping charges shown, the same shall be intimated to You on the Checkout Page. Lukewarm will use reasonable efforts to inform You of the Charges that may apply, provided that the Customer will be responsible for the Charges incurred.  

The actual Shipping Amount shall be shown on Checkout Page before You Place Your Order (if applicable).  

A Cash On Delivery Charge (If Available at Your Location) is additionally applicable on all Orders and shall be shown to you during checkout. 

Force Majeure  

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights. 

International Orders  

Terms and Conditions 

Those items for shipment to countries outside of India may be subject to taxes, customs duties, and fees or additional paperwork and clearance by the destination country ('Import Fees/ Customs/ Duties and Taxes'). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees and documentation not limited to the mentioned above heads at the destination.  

These terms and conditions are in addition to the standard Terms & Conditions of the Lukewarm website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the carrier in India.  

For products shipped internationally, please note that any manufacturer warranty shall not be valid; manufacturer service options shall not be available and product manuals, instructions, and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements. You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Lukewarm.care, the recipient/User is the importer of record and must comply with all laws and regulations of the destination country.  

We are not responsible for damages to your shipment caused during transit, the damage is not likely to happen, but in the case of such, We are not responsible and there will no compensation for such damages. The title and risk of loss for the items are transferred to the recipient upon handover/ delivery to the carrier in India.


Privacy 

 Your privacy is important to Us, and we know that You care about how information about your order is used and shared. We would like our international customers to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities. 

Also, we may provide certain order, shipment, and product information, such as titles, to Our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities to facilitate customs clearance and comply with local laws.  

Custom, Duties & Taxes 

 The recipient/User is the importer of the record and must comply with all laws and regulations of the destination. Orders shipped outside of India may be subject to import taxes, customs duties, and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties, and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient Only. Lukewarm has no control over these charges, nor can Lukewarm predict what they may be. Lukewarm will not be responsible for any Import Fees/ Customs/ Duties & Taxes the recipient will incur or delays because of Customs. 

Customs policies vary widely, and You should contact/or shall be contacted by your local customs office for more information and additional requirements. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. 

Customs offices in some countries or regions require the importer of record to provide a form of identification before releasing a shipment. You may be required to provide an identification number for releasing the shipment. 

Lukewarm does not recommend, endorse or make any representation and will not be liable for the efficacy, appropriateness, or suitability of any specific products, treatments, opinions, or other information that may be contained on or available through this website.  

EMI Terms & Conditions  

Lukewarm is in agreement with Payment Gateways through various Issuing Banks and other service providers to provide equated monthly installment (EMI) payment plan scheme to the Customers holding credit/ debit cards and making payments of Customer Charge with respect to Products purchased on the Lukewarm.care  
Lukewarm is offering Customers an option to make payments of Customer Charge using the EMI facility offered by various banks through payment gateways. The customer has agreed to avail of the same on the terms and conditions listed on the Lukewarm website.  

For the purpose of this EMI, the following terms and conditions shall follow:  

(a)“Issuing Bank” shall mean a bank issuing valid credit/ debit cards to its customers and which has agreed to offer EMI Facility through various payment gateways.
(b) “EMI Facility” shall mean a payment option offered to Customers holding Valid Credit/ debit Cards of the respective Issuing Bank to pay Customer Charges with respect to Products purchased on the Merchant Site using EMI. 
(c)“EMI” shall mean equated monthly instalments. 
(d) “EMI Transaction” shall mean a Transaction wherein the Customer opts to make payment through EMI Facility using his Valid Credit/ debit Card. 
(e)“Merchant Discount” shall mean any discount offered by the Lukewarm on purchase of a Product on the Lukewarm site, upon making payment through the EMI payment plan scheme of a specific Issuing Bank and such discount is approved by the Payment gateway, and the Issuing Bank. 
(f)“Valid Credit/ Debit Card” shall mean a valid credit/ debit card issued by the respective Issuing Bank.  

Scope 

Lukewarm will provide EMI Facility through Payment gateways to be offered to the Customers wherein the Customers purchasing a Product on the Lukewarm and making payment of Customer Charge using a Valid Credit/ Debit Card, shall be given the option to make the payment for the purchases in EMI over such period and on such terms and conditions as may be imposed by the respective Issuing Bank.  

To avail EMI Facility of a particular Issuing Bank, the customer must be eligible by the respective Issuing Bank.  

The Customer shall comply with the terms and conditions as may be prescribed by the respective Issuing Bank, for the provision of services under this option, from time to time including but not limited to the rates at which the EMI is to be offered, the Products on which EMI is to be offered, tenure for which EMI is to be offered, the Customers to whom EMI is to be offered. The Customer understands that the Issuing Bank may modify the terms of the EMI offering at any time. Further, the Issuing Bank may at its sole discretion choose to reject or change EMI tenure (e.g. basis on Customer history, amount of transaction, etc.) or withdraw any EMI scheme or make any modifications.  

The Customer shall avail the EMI on the terms and conditions as may be specified by the respective Issuing Bank. The Customer opts to make payment of the Customer Charge through EMI Facility, the Customer shall agree to the terms and conditions for availing EMI Facility as may be informed by the Payment Gateway to Lukewarm from time to time.  

The Customer understands that at the time of making a transaction, if the Customer makes payment through EMI Facility, the Customer may be debited for the full amount of the Transaction initially, however, EMI will be booked later by the respective Issuing Bank. Lukewarm shall maintain a record of Customer’s acceptance of EMI terms & conditions and other supporting documents for a period of up to 1 year after the completion of the EMI tenure agreed to by the Customer. The Customer acknowledges that Payment Gateway or the Acquiring Banks may request Lukewarm to provide EMI Transaction related documents including documents evidencing acceptance of terms and conditions by the Customer. The Customer hereby agrees to have the same shared as being requested.  

The Customer understands that booking or rejection of EMI is at the sole discretion of the respective Issuing Bank or Payment gateway. The payment gateway or the Issuing Bank shall not be liable to the Customer or any third party for any loss, or damage arising due to the cancellation or non-booking of EMI.  

The Customer understands that EMI Transactions once processed cannot be cancelled/reversed by the Customer.  

The Customer understands that Lukewarm, Payment gateway, and the Issuing Bank shall not be responsible to the Customer for any disputes arising due to non-conversion of a Transaction to EMI Transaction and/or rates at which EMI is approved and/or tenure of EMI and/or informing the Customer about EMI rejection. The Customer shall be responsible to inquire about the status of their EMI request directly from the respective Issuing Bank.  

The Customer undertakes that the Customer continues to be responsible and liable for all / any disputes raised by any third party under this payment option, against Payment gateway/Issuing Banks/Acquiring Banks/Nodal Banks, for reasons including but not limited to, delivery, services, suitability, merchantability, availability, quality, of the Product under the terms & conditions. The Customer hereby agrees to indemnify Lukewarm, Payment gateways, Acquiring Banks, Nodal Banks, and Issuing Banks for any loss being incurred under this payment option.  

Disclaimer 

Notwithstanding anything stated under this Agreement, the Customer acknowledges that the services provided by the Payment Gateway (EMI) and the Issuing Banks under this Terms, may not be uninterrupted or error-free. The Issuing Banks may withdraw, reject, cancel, change the rate of interest, etc. of an EMI scheme, or reject an EMI Transaction. Further Issuing Bank may cancel its consent for the provision of EMI Facility to the customer, at any time. The EMI shall be booked solely at the discretion of the Issuing Bank. The Issuing Bank may refuse to offer an EMI facility to a particular Customer or for a particular transaction at its discretion. Payment gateway, Lukewarm, or the Issuing Bank shall not be liable for any liabilities arising due to Chargebacks, refunds etc. of the EMI Transactions processed under these Terms & Conditions. 

Grievance Redressal: 

 Contact the undermentioned for any grievances: 

Name: Prateek Banerjee 
Designation: Grievance Officer - Customer Services 
PRNCA Healthcare Private Limited 
MANO FELICITY, Sy.no.68/2, Site No.13- 14/1, 1st Cross (Old 8th Cross), Parappana Agrahara Main Road, Parappana Agrahara, Electronic City Post, Bangalore - 560100. 
WhatsApp Us : + 91-7204342233 (IN), hi@lukewarm.care /admin@lukewarm.care