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Agreement

This Agreement is made and entered into on this 01 day of October 2013 by and between
Lucas Indian Service Limited .having its registered office at 11 Patullo Road Chennai 600002 and
represented herein by its, VP(F) Mr. K.Sureshbabu (hereinafter referred to as the Company,
which expression shall unless it be repugnant to the context or meaning thereof be deemed to
mean and include its successors and assigns) of the First Part;
And
M/s Green Power Solutions represented herein by its Proprietor, Mr.Bobby Varghese (hereinafter
referred to as the Customer which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include its successors and assigns) of the Second Part;
(The Company and Customer are hereinafter referred to as the Party individually and collectively
as Parties)

WITNESSETH:

Whereas, the company has set up its website lucas-service.in( hereinafter referred to as Site)
according to its own design and specifications, and proposes to offer the use of this website to its
customers.
Whereas, the customer is dealing with the Company and is purchasing materials/services from the
company.
Whereas, the customer is interested in making use of the Site.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein for
good and valuable consideration, both parties hereto agree as follows:
1

By registering on lucas-service.in , the customer explicitly understands and agrees that


The Customer is not disabled by any law from entering into a contract.
The Customer has gone through the Terms and Conditions and agrees to be bound by
them

The lucas-service.in website is owned by Lucas Indian Service Limited. The Site is intended
to provide data in order to facilitate transaction of business between the Company and its
customers and vendors.

The Customer may access and use the Site solely in accordance with this Agreement.

The Site is intended for facilitating business between the Customer and the Company, and
may not be used in connection with any commercial endeavors, including providing links to
other websites. The Company reserves the right to cancel the registration of and obliterate
any non-individual membership from the Site and take appropriate civil or criminal
proceedings against such registrants.
The Customer will not:a. Engage in any unsolicited advertising, solicitation, buying / selling of any products or
services through the Site.
b. Transmit any chain letters or junk email

User Accounts and business transacted:


a. The Company maintains certain non-public portions of the Site which are accessible
to and intended solely for the use of the Companys customers, other contractual
partners and other authorized users. If the Customer is entitled to access to such
user password-protected portions of the Site, the Customer will receive a password.
Any business transacted through this Site shall be so transacted through such user
account.
b. The customer shall use the Site in consonance with the instructions given or
circulated by the Company from time to time.

c. The customer undertakes and agrees that he shall be solely responsible for
any transactions made or services availed under his account. The customers
availing services under the Site shall be fully responsible for any orders raised and
requests made through their account and any communications sent to the Site/the
Company by them.
d. The Customer shall take reasonable steps to prevent the unauthorized use and
disclosure of any password or user ID. The Customer shall, immediately, upon
discovery, notify the Company of any unauthorized use of any password or user ID
and take any steps within the Customers control to prevent any further unauthorized
use. The Customer is responsible for all acts attributable to any person using any of
the Customers passwords or user IDs. The Company shall not bear responsibility for
any security breach of any kind. The Company cannot and will not be liable for any
loss or damage arising from the Customers failure to comply with this section
6

License Fee
A license fee ( including any taxes as may be applicable ) shall be payable by the Customer
for registering with the Site . The Company reserves the right to revise such fee amount as
and when the Company deems it necessary to do so.

Orders placed through the Site shall be recorded on to the Companys system and
immediately linked to the supply chain. Thereby, the orders once placed will not be
cancelled.

Content Posted on the Site


a. The Company will endeavor to keep the information up-to-date and correct. However
, the Company makes no representations or warranties of any kind, express or
implied, about the completeness, accuracy, timeliness, reliability, suitability or
availability with respect to any information contained therein.
b. In using this Site, the Customer agrees that its information and services are provided
as is, as available without warranty, express or implied, and that the Customer uses
this Site at the Customers own risk. Any reliance the Customer places on such
information is therefore strictly at the Customers own risk.
c. In no event will the Company be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or damage
whatsoever arising from loss of data or profits arising out of, or in connection with the
use of this Site.
d. The information provided in the Site will be updated to the Companys system
periodically . If there be any technical default due to which the Site is not updated,
the Customer may contact the Companys Head Office at Chennai [ Phone 04422255032 /34] to get any information.
e. Every effort is made for the smooth functioning of the Site. However the Company
takes no responsibility for, and will not be liable for the Site being temporarily
unavailable due to routine maintenance or due to technical issues beyond the
Companys control nor shall the Company be liable for any misuse of the information
given to access the Site and the details involving the Customers transaction with the
Company .

The Company shall not be responsible for facilitating configurations/requirements for the
Customer to access the Site. The Company shall not be responsible for facilitation or
provision of any electronic equipment for accessing the client side/ front end of the Site. This
is the responsibility of the customer.
The Company shall not be responsible for arranging any internet bandwidth or access
facilities for the customer.

Any and all problems or issues relating to hardware-software requirements will be handled
by the customer.
10 Confidentiality
The Customer acknowledges that the services provided to the Customer under the Site may
contain information which is designated confidential by the Company and agrees to maintain
such information with utmost confidentiality and not to disclose such information under any
circumstances unless the Company has provided the Customer prior written consent with
regard to the same.
The Customer shall take commercially reasonable precautions to safeguard the
confidentiality of all the confidential information of the Company, including, at a minimum,
those precautions taken by the Customer to protect the Customers own confidential
information of a similar nature. The Customer will be responsible for any breaches of this
section including by the Customers employees, contractors and agents.

The Customer acknowledges that any breach of the Customers obligations under this
section may cause irreparable injury to the Company and/or its third party licensors or
contractors, which injury may be inadequately compensable in damages. Accordingly, the
Company or such other party may seek and obtain, without the posting of any bond or
security, equitable relief against the breach or threatened breach of the Customers
obligations hereunder.
11 In no event shall the Company be liable for unauthorized access to or alteration, theft or
destruction of the contents of the Customers account through accident, fraudulent means or
devices or any other method.
12 Unless previously authorized in writing by the Company, the Customer shall not provide in
any webpage/ portal any link or multiple links to the Site.
13 Proprietary Rights in Content on lucas-service.in
The Company owns and retains the proprietary rights in the Site. The Site contains the
copyrighted material, trademarks, patents and other proprietary information of the Company
and its associates / licensors whether registered or not. The Customer shall not copy,
modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
14 Copyright Policy
All content included on this site, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of the Company or
its content suppliers and protected by Indian Copyright Act, 1957 and international copyright
laws. All software used on this site is the property of the Company or its software suppliers
and protected by Indian Copyright Act, 1957 and international copyright laws.
15 The following is an illustrative list of content that is strictly prohibited on the Site. The
Company will investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision and publishes any of the following, including without
limitation removing the offending communication from the Site and terminating the
membership of such violators without any refund of license fees and the Company is not
obligated to give prior notice for the removal of such content. The Company reserves the
right, in its sole discretion, to determine whether or not any content is prohibited on the Site.
It is hereby clarified that the following list is not an exhaustive list and only a illustrative one:
i.
is patently offensive to the online community, such as Content that promotes racism,
bigotry , hatred or physical harm of any kind against any group or individual; harasses or
advocates harassment of another person;

ii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or
"spamming";
iii. promotes information that the Customer knows is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
iv. promotes an illegal or unauthorized copy of another person's copyrighted work, 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;
v. contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page) ;
vi. displays pornographic or sexually explicit material of any kind;
vii. provides material that exploits people under the age of 18 in a sexual or violent
manner or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful
purposes from other users; and
x. engages in commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising and pyramid schemes.
16 Privacy Policy
The Company respects the privacy of the Customer and is committed to its protection.
The following shall not be deemed to infringe the privacy of the Customer:
The Company through its various advertising campaigns collects information about the
customers. This information is provided by the customer and is collected in the database of
the Site. The information collected in the database through these campaigns refers to
personal details, email address and name of any user of the Site. For such campaigns, the
Site uses third-party advertising companies to display/serve their ads on various other
internet sites. The data so collected and the data in the Content provided by the member is
for the exclusive use of the Site and the Site reserves its right to allow access to its clients
for the purposes of business only.
17 The Customer must use the service under the Site in a manner consistent with any and all
applicable local/state regulations and the laws of India.
18 Disclaimers
a. The Company is not responsible for any incorrect or inaccurate content posted on
the Site or in connection with its service, whether caused by customers , vendors,
other users or by any of the equipment or programming associated with or utilized
neither in the service, nor for the conduct of any user of the service provided by the
Site whether online or offline.
b. The Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to or alteration of any communications
between or amongst the members. The Company is not responsible for any
problems or technical malfunction of any telephone network or lines, computer online-systems, servers or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on the Internet or at
any website or combination thereof, including injury or damage to the Customer or
to any other person's computer related to or resulting from participating or
downloading materials in connection with the Site and/or in connection with the
service under the Site.
c. Under no circumstances will the Company be responsible for any loss or damage
resulting from anyone's use of the Site or the services under the Site and/or any
content posted on the Site or transmitted to the Customer.

d. The Company reserves the right to change any content or information in the Site
without prior intimation of the same.
e. The Company shall have full authority to give or remove the access to the Site to the
Customer at any time without assigning any reason .
f. By using the site or downloading materials from the site, the Customer agrees to
abide by the terms and conditions set forth in this notice.
g. The Customer may print copies of the information on this site for the Customers
personal use and store the files on the Customers computer for personal use. The
Customer may not distribute text or graphics from this site to others without the
express written consent of the Company. Also, the Customer may not, without the
permission of the Company, copy and distribute this information on any other server,
or modify or reuse text or graphics on this or any another system.
h. No reproduction of any part of the site may be sold or distributed for commercial
gain, nor shall it be modified or incorporated in any other work, publication or site,
whether in hard copy or electronic format, including postings to any other site. The
Company reserves all other rights.
i. The information on this site has been included in good faith and is for general
purposes only. It should not be relied upon for any specific purpose and no
representation or warranty is given as regards its accuracy or completeness.
j. The Company, including its officers, employees or agents shall not be liable for any
loss, damage or expense arising out of any access to or use of this site or any site
linked to it, including, without limitation, any loss of profit, indirect, incidental or
consequential loss.
19 In the event where the Site is not available for doing business due to any technical reasons,
the Company shall not be responsible for the same and the Customer shall conduct
business by resorting to other methods of business as provided and accepted by the
Company.
20 Termination
Termination: The Customer agrees that the Company, in its sole discretion, with or without
cause, may terminate the Customers password, or use of the Site.
Suspension of authorized users: The Company may, at any time, in its sole discretion,
temporarily limit or suspend in whole or in part the Customers access to the Site.
Effect of Termination: Upon any termination of this Agreement, all rights granted to the
Customer hereunder shall cease, the Customer shall immediately discontinue use of the Site.
21 Limitation on Liability
Except as provided under the laws of India, in no event will the Company be liable to the
Customer or any third person for any indirect, consequential, exemplary, incidental, special
or punitive damages, including also lost profits arising from the Customers use of the Site or
the service under the Site, even if the Site has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein, the liability of the Site
to the Customer for any cause whatsoever and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by the Customer to the Company , for the
service under this Site.
22 Dispute Resolution
Any and all disputes/differences whatsoever arising out or in relation to this subscription
order/contract or order of Service shall be referred for resolution to a sole arbitrator, so
appointed by the Company at its sole discretion. The said Arbitration shall be conducted in
terms of the Arbitration and Conciliation Act 1996 together with all statutory amendments
made thereto. The Award made in pursuance thereof shall be final and binding on all the
parties. The seat and venue of Arbitration shall be Chennai and shall be governed by the

applicable laws of India. This Agreement shall be subject to the exclusive jurisdiction of the
Courts at Chennai.
23 Indemnity
The Customer agrees to defend, indemnify and hold the Company , its subsidiaries,
affiliates, officers, agents and other partners and employees, harmless from any loss,
liability, claim or demand, including reasonable attorney's fees, made by any third party due
to or arising out of the Customers use of the service under this Site in violation of this
Agreement and/or arising from a breach of these Terms of Use and/or any breach of the
Customers representations and warranties set forth above.
24 Other
By using the Site, the Customer agrees to receive certain specific emails, calls for feedback
and promotional offers from the Site. This terms and conditions, accepted upon use of the
Site and further affirmed by availing service under the Site, contains the entire agreement
between the Customer and the Company regarding the use of the Site and/or the service
under the Site. If any provision of this terms and conditions is held invalid, the remainder of
this agreement shall continue in full force and effect.
25 Survival
All provisions that by their nature are intended to survive, including but not limited to
disclaimers of warranties, confidentiality obligations and limitations of liability provisions,
shall survive the termination of this Agreement. All other provisions shall be of no further
force or effect upon termination; provided that all such provisions shall survive to the limited
extent necessary to complete any transaction commenced prior to termination.

IN WITNESS WHEREOF THE PARTIES HAVE SIGNED THIS AGREEMENT ON THE DAY,
MONTH AND YEAR FIRST ABOVE WRITTEN:
Signed and Delivered
For and on behalf of

Signed and Delivered For and on behalf of


M/s

Lucas Indian Service Limited

By:
Title:

1. Witness :

By:
Title:

2. Witness :