Terms of Service

Updated on: 25thMarch 2020

 

Article 1: Scope 

 

The terms of service (TOS) define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the “Member” and Lomads Technologies Private Limited, a company incorporated under the Companies Act, 2013 (India) and having its registered office at BKC, Mumbai (“LOMADS”).

 

1.1 Conflicting Rules

 

These TOS determine the main rules of use for the Application. They are supplemented by the Privacy Policyin order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy. 

 

1.2 Independence of Provisions

 

Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance. 

 

 

Article 2: Amendments to the TOS

 

2.1 Updates

 

LOMADS reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services. 

The Member will be informed of updates to the TOS via the Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.

It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.

Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.

Should the Member not agree with changes made to the TOS, he or she has the option to end the Services and delete his or her Account.

 

2.2 Immediate Effect

 

All new versions of the TOS shall be effective immediately for all Members.

 

 

Article 3: Dispute Resolution

 

3.1 Dispute Resolution

 

In the case of dispute, the Member agrees to contact LOMADS directly in writing (by email or letter, to the email or postal address provided in article 16 hereof) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

In the case of failure, the Member is informed that he or she may choose to have recourse to mediation, free of charge. Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOS or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts. 

 

 

Article 4: Registration

 

4.1 Application Download Options

 

The Application is available on the Apple and Google official download platforms. It can be downloaded free-of-charge from the Apple App Store and the Google Play Store. 

 

4.2 Member’s Rights when Registering

 

Provided that the required conditions for Member status are met, LOMADS shall assign the Member a personal Account, which includes:

·      A feed of relevant groups and events

·      Messaging Platform

·      Agenda/Calendar 

·      Profile Page

A Member may only have one Account.

 

4.3 Obligations of the Member when Registering

 

The Member must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date. 

Registration can be done in two ways:

1. via the Facebook/Instagram: social network enables LOMADS to use the Member’s profile photo, first name, age calculated based on date of birth, sex, interests and contact list in order to create a “profile” page.  Consequently, the Member must check the accuracy of his or her information before registering with the Service.

2. via a cell phone number/Email: in this case only Member’s contacts will be automatically retrieved by LOMADS. For rest of the information it is the Member’s responsibility to supply personal information such as first and last name, sex, date of birth as well as other additional information if desired and one or more personal photos at the time of registration. 

 

Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfil his or her obligations, and particularly those set out in the Member Code of Conduct defined in Article 8 of these TOS.

 

 

Article 5: Services and Features

 

5.1 Purpose of the Service

 

The Application provides LOMADS Members with a user-friendly setting in which to search for people, events and activities in the same area in order to set up real-life connections and experiences. In addition, LOMADS also provides recommendations of things to go to, activities to participate in and people to meet based on the Member’s location and interests. 

The Services offered by LOMADS may in no case be likened to a dating service. The  sole aim of the Application is to facilitate real-life meet-ups between Members to do something together or attending events and activities based on user localisation and interests. 

 

5.2 Services for Members

 

Some of LOMADS’s services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TOS, including:

 

                       Viewing events and activities recommended by LOMADS based on Member location and interest

                       Receiving notifications

                       Configuring his or her search criteria

                       Send/Accept connections with other Members to do something together

                       Send messages to Members once the connection has been accepted by the two parties

                       Plan meetings through the chat platform 

                       Create Activity based events (closed or open) on the platform  

                       Viewing Members’ profiles with mutual interests

                       Confidentially blocking all Members whose conduct justifies such an action.

                       Confidentially reporting all Members whose conduct is contrary to the TOS or applicable law.

                       Inviting friends.

                       Consulting the FAQ and Tutorials.

                       Completing his or her profile in compliance with the TOS.

                       Deleting Messages.

Charged services provided via the Application are available to Members after purchasing a Pack or a LOMADS Premium subscription, the conditions of which are set out in article 9.1. 

 

 

Article 6: Protection of Personal Data

 

LOMADS is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and our Confidence Charter carefully to better understand how we process your personal data, available by clicking on the following links: 

• Privacy Policy

 

 

Article 7: LOMADS’s Obligations and Liability

 

7.1 Technical Resources and Security

 

LOMADS agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 8 or higher, and Android Smartphone running version 5 or higher.

LOMADS cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Application and the device. 

In addition, every effort is made to ensure that the risks of fraudulent access to LOMADS’s system are minimised. 

LOMADS is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond LOMADS’s control which might interrupt or have an adverse effect on access to LOMADS Services.

The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud. 

LOMADS shall also endeavour to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by LOMADS. 

 

7.2 Illegal Conduct  

 

LOMADS and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:

• All types of scams, 

• All activities of a commercial or professional nature,

• Prostitution,

• Identity theft,

• An infringement of a third-party intellectual property right,

• An infringement of personal rights, such as image rights and the respect of the right to privacy. 

 

7.3 Reporting and Community Moderation System

 

As a hosting provider, LOMADS has no legal obligation to monitor the content sent or stored via the Application.

However, as a hosting provider, LOMADS must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.

In such case and after due verification by Customer Service, LOMADS commits to promptly remove the said content. The knowledge of illicit content is deemed effective when the hosting provider is notified of following:

• The notification date

• The content transmitter’s identity

• The description of the facts in contention (possibly with screen shots of the content)

• As well as the reasons for which the content must be removed.

LOMADS has therefore equipped the Application with a reporting and community moderation system, allowing Members to report the content if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.

 

Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, LOMADS’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.

Hence, when the content published by a Member is reported, the transmitter’s account can be suspended or terminated based on the proof given by the report’s author and is made in order to ensure the withdrawal of the content in compliance with LOMADS’s legal obligations.

The Member having originally published the reported content will be informed of such a decision to suspend or terminate the Account via the Application and/or by email at the address given.  He or she will in no case be informed of the identity of the report’s author.

Outside the scope of this reporting system, the Member can decide to block another Member whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her. This action is confidential and enables Members to control the Members with whom they want to keep in touch or not. It is possible, however, to unblock the Member easily and free of charge in order to be in touch with him or her again. 

 

Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination and application of penalties under which damages may have to be paid to victims.

 

7.4 Duty of Caution

 

The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. LOMADS may not be held liable for any problems whatsoever arising from a “real-life” meet-up.

 

7.5 Group Events

 

Using the Application to plan or organise a demonstration in a public place is strictly prohibited. Should such a meeting take place, LOMADS may not be held liable in the case of a public order offense or any damage caused by such meeting.

 

 

Article 8: Member Code of Conduct 

 

8.1 Duty of Fairness and Honesty when Registering

 

In order to become a Member, all of the following conditions must be met:

• Must be minimum of 18 years old on last birthday.

• Must have honestly and truthfully filled out the Facebook/Instagram profile information or directly in the Application in the case of registration via a cell phone number/Email. Failing that, the Member agrees to correct any errors. At the same time, the Member agrees to provide a valid email address.

• Must agree to regularly update the information provided when accessing his or her Account from the Application.

• Must have read these TOS and have accepted them when confirming his or her registration.

LOMADS does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, LOMADS shall investigate as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile. 

For the duration of the investigation, LOMADS reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given by the Member.

Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, LOMADS may terminate the Account of the Member in question. 

The Member agrees to have only one single account. Failing that, LOMADS may terminate the additional accounts. 

 

8.2 Duty of Fairness and Honesty during Use

 

In order to remain a Member, all of the following conditions must be met: 

• Be honest and truthful in his or her statements.

• Only post profile information that allow a Member to be easily identified, excluding information in which third parties or items with no connection to the person or Member appear, such that LOMADS reserves the right to delete, at its discretion, any profile that does not meet these requirements.

• Refrain from posting any confidential information about others such as financial data.

• Refrain from posting any content on the Application which are pornographic or which violate modesty and human dignity.

• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties. 

• Refrain from violating intellectual property or laws on personality rights.

• Refrain from disrupting public order.

• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.

• Comply with current laws and regulations.

• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.

• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.

• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from using robots or tools other than those provided by LOMADS when using the Application to contact other Members.

• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.

• Refrain from using the Application to organise gatherings or demonstrations.

The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the LOMADS application.

  

8.3 Member’s Liability

 

The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.

Should LOMADS be held liable for any failure by the Member to comply with its obligations, the Member shall hold LOMADS harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.

The Member may report unlawful content which violates these TOS using the moderation tools provided by the Application. 

 

8.4 Photos

 

All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account, in addition to any other penalties that may be imposed by the courts.

 

8.5 Real-life Meet-ups

 

LOMADS advises Members who wish to arrange “real-life” meet-ups to be vigilant.  Members are solely responsible for verifying the identity of those with whom they meet. “Real-life” meet-ups are arranged independently of LOMADS and are the sole responsibility of Members. LOMADS cannot be held liable for any acts or problems of any type which have been committed or caused by Members and/or former Members when such events occur following use of the Application.  In this respect, one of the intended benefits of the LOMADS messaging service, again to ensure that Members remain safe and free from harassment, is to enable Members to decide which people should be allowed to see their profiles and talk to them. 

As regards the people with whom the Member has agreed to exchange Messages, it is recommended that Members do not too readily reveal information which is not included in the profile such as a phone number, address or surname.  For safety reasons, LOMADS strongly advises that real-life meetings be arranged only in busy public places or that a friend or relative be informed of the meeting and that Members disclose their contact information only after a reasonable period of time.

 

8.6 Account Management

 

The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold LOMADS harmless against any communication, use or declaration made using his or her Account.

 

8.7 Equipment

 

The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member.  The Member is solely responsible for the hardware used to access the Service.

 

Article 9: Communication with the Member 

 

9.1 Notifications

 

The Member may receive notifications through the Application to notify him or her of important events, activities or people

 

9.2 Advertising and Promotional Messages

 

LOMADS is free to post, within the scope of execution of the contract and through the Application, advertising and promotional messages from advertisers and any other partner.

 

 

Article 10: Intellectual Property

 

10.1 Prerogatives related to Trademark Law

 

The LOMADS trademark is exclusively owned by LOMADS. LOMADS holds all of the related rights. The LOMADS trademark has been registered with various national and international offices.

Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without LOMADS’s prior, express and written authorisation, and may give rise to legal proceedings. 

 

10.2 Prerogatives related to Copyright

 

The original works provided by LOMADS are exclusively owned by LOMADS. LOMADS holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without LOMADS’s prior, express and written authorisation, and may give rise to legal proceedings.

 

10.3 License

 

The usage rights granted by LOMADS to the Member are restricted to private and personal use. Any other use by the Member is prohibited without LOMADS’s prior, express and written authorisation. 

The Member grants LOMADS and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component that it may provide through the Application for the non-exclusive purpose of communicating with other Members. LOMADS shall use this license in a manner which respects the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits LOMADS to ensure that these components are compatible with its technical performance. These rights are granted on an international basis and throughout the performance of these TOS between the Member and LOMADS. 

The Member shall retain ownership of any content and personal data that he or she provides.

The Member shall hold LOMADS harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold LOMADS harmless against any claims or damages which may result from it including, but not limited to, requests for compensation. 

 

 

Article 11: Counterfeiting, Unfair Competition and Parasitism

 

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. LOMADS reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.

Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties. 

 

Article 12: Termination 

 

12.1 Deactivation of the Account by the Member

 

The Member may deactivate his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

Once the profile has been deactivated:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

 

12.2 Uninstallation of the Application by the Member

 

The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.

Once the application has been uninstalled:

• The Member’s profile will be made invisible to other Members in the past, present and future.

• There will be no change to the legal obligation for data retention.

• In the event of an Account being reactivated during the one-year period following the uninstallation of Application, the details kept will be reallocated to the profile, which will be visible again.

However, it is recommended that you log out of the Application before uninstalling it. By default, the Member’s profile remains accessible for the 24 hours following uninstallation.

 

12.3 Deletion of the Account by the Member

 

The Member may decide, at any time and without notice, to permanently delete his or her Account using one of the following means:

• By deleting it of his or her own accord from the Application, by going to the Settings of the application (Hamburger menu on the Home Screen) > Settings > Privacy > Delete my account.

• By sending a letter or email to LOMADS. 

Consequently, the Member’s profile will be permanently deleted. 

Should the Member wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon LOMADS, and shall be permanently deleted thereafter.

The Member cannot reactivate his or her old Account. 

 

12.4 Suspension/Termination of the Account by LOMADS in case of breach of TOS

 

In case of breach of TOS by the Member, his or her account can at any time be suspended as a safeguard measure and then terminated as of right by LOMADS.

LOMADS will be entitled to suspend a Member’s account as long as necessary to allow LOMADS’s customer service team to make all investigations necessary following the report as required by Article 7.3 hereof or in case of presumed breach of TOS which may be remediated.

The Member whose Account is suspended will be informed by LOMADS of such a decision by way of a notification on the Application and/or by email. The Member is invited to contact LOMADS customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.

 

If within 30 days following the notification of the account suspension, the Member has not contacted LOMADS customer service, or if the elements given by the Members did not help to remedy the breach, LOMADS will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Application.  Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

Upon Termination of the Account:

• The Member’s profile will be made invisible to other Members

• The Member will not be able to create another account for 6 month period from the notification of the Account termination. 

 

12.5 Termination of Inactive Accounts by LOMADS

 

LOMADS will delete inactive accounts as defined below.

An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

• The Application of the Member did not establish contact with LOMADS’s servers (including because of deactivation of the geolocation process); and

• The Member has not used the Application. 

 

The Member will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

During the period of notice, the Member may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the Member’s profile will then be preserved.

At the end of the period of notice and in the absence of a contrary intention expressed by the Member, the Account will be automatically deleted by LOMADS.

Once the Account has been deleted:

• The Member’s profile will be made invisible to other Members.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon LOMADS, and shall be permanently deleted thereafter.

The Member will not be able to reactivate nor request reactivation of his/her old Account.

 

 

Article 13: Contact 

 

LOMADS may be contacted by mail at 1st Floor, Kagalwala House, Plot No. 175, CST Road, Kalina, BKC, Santacruz East, Mumbai, Maharashtra 400098, India. 

Members may also contact LOMADS by email at the following address: info@lomads.co.

 

 

Article 14: Confidentiality Clause 

 

Neither LOMADS nor the Member are authorised to disclose information about the agreement between them save and except in case of applicable law, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.

 

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