Effective Date: 27/07/2026
1. Introduction
These Terms and Conditions (“Terms”) constitute a legally binding agreement between LUNEXA, a Proprietorship Firm registered under Udyam Registration, having its principal place of business at Ground Floor, Hiranya Complex, Bolwar, Puttur, Dakshina Kannada, Karnataka – 574201 (hereinafter referred to as “LUNEXA”, “Company”, “we”, “our”, or “us”), and every person who accesses, browses, registers on, or otherwise uses the website lunexa.in (hereinafter referred to as the “Platform”) and all associated services made available through the Platform.
The Platform provides comprehensive brand-building and business support services, including, without limitation, brand consulting, brand registration assistance, brand strategy, marketing strategy, e-commerce development, catalogue design, product photography, visual branding and design, startup branding solutions, and other related branding, marketing, intellectual property facilitation, and business development services (collectively referred to as the “Services”).
By accessing, browsing, registering on, or using the Platform, or by engaging LUNEXA for any Service, the User acknowledges that he, she, or it has read, understood, and agrees to be legally bound by these Terms and Conditions, the Privacy Policy, Refund and Cancellation Policy, Cookie Policy, and all other policies published by LUNEXA, as amended from time to time.
If the User does not agree with any provision of these Terms, the User shall immediately discontinue access to and use of the Platform and shall refrain from availing any Services offered by LUNEXA.
These Terms apply to every visitor, customer, client, business entity, startup, entrepreneur, company, partnership firm, limited liability partnership, trust, society, governmental body, organization, and any other person accessing or using the Platform.
Nothing contained on the Platform shall be construed as creating any partnership, joint venture, agency, employment relationship, franchise, fiduciary relationship, or legal representation between LUNEXA and the User except as expressly agreed in writing.
LUNEXA reserves the right, at its sole discretion, to modify, amend, update, replace, or discontinue any part of these Terms or any Service offered through the Platform at any time. Such modifications shall become effective immediately upon publication on the Platform unless otherwise specified. Continued use of the Platform after such publication shall constitute the User’s acceptance of the revised Terms.
2. Definitions
Unless the context otherwise requires:
a) “Platform” means the website lunexa.in, including all webpages, software, interfaces, applications, digital content, communication channels, and related online services owned or operated by LUNEXA.
b) “User” means any individual, startup, proprietor, company, partnership, LLP, trust, society, organization, government entity, or any other person accessing or using the Platform or Services.
c) “Client” means a User who engages or purchases any Service from LUNEXA.
d) “Services” means all branding, consulting, trademark facilitation, business advisory, marketing, design, photography, digital development, startup support, intellectual property assistance, and any allied services offered by LUNEXA.
e) “Content” means all text, graphics, logos, trademarks, service marks, designs, software, photographs, videos, audio, documents, databases, layouts, user interfaces, source code, compilations, and other materials available on or through the Platform.
f) “Intellectual Property Rights” include all present and future rights relating to trademarks, copyrights, patents, industrial designs, trade secrets, domain names, goodwill, know-how, confidential information, and all other proprietary rights recognized under applicable law.
g) “Applicable Law” means all applicable laws, rules, regulations, notifications, circulars, governmental orders, judicial decisions, and statutory provisions in force in the Republic of India.
h) “Business Day” means any day other than a Saturday, Sunday, or public holiday on which banks are open for business in Karnataka, India.
In the next part, I will draft Eligibility, User Obligations, User Accounts, Scope of Services, and Service Engagement, continuing in the same professional legal format.
3. Eligibility
3.1. The Platform and the Services are intended solely for persons who are competent to enter into legally binding contracts under the provisions of the Indian Contract Act, 1872.
3.2. By accessing or using the Platform, the User represents and warrants that:
a) the User is at least eighteen (18) years of age or has otherwise attained the age of majority under the applicable laws;
b) where the User acts on behalf of a company, partnership firm, limited liability partnership, proprietorship, trust, society or any other legal entity, the User possesses full legal authority to bind such entity to these Terms;
c) all information submitted to LUNEXA is true, complete, accurate and up to date;
d) the User shall promptly notify LUNEXA of any change in such information.
3.3. LUNEXA reserves the absolute right to refuse, suspend or terminate access to the Platform or any Service if it reasonably believes that the User is ineligible, has furnished false information, or has violated these Terms or any applicable law.
3.4. The User shall use the Platform only for lawful business purposes and shall not engage in any activity that may damage the reputation, goodwill, security or lawful operations of LUNEXA.
4. User Account and Registration
4.1. Certain Services may require the User to create an account or submit personal and business information through the Platform or by any other communication channel approved by LUNEXA.
4.2. The User shall be solely responsible for maintaining the confidentiality of login credentials, passwords, verification codes and all activities carried out through the User’s account.
4.3. The User agrees to immediately notify LUNEXA of any unauthorized access, security breach or suspected misuse of the User’s account.
4.4. LUNEXA shall not be liable for any loss or damage arising from unauthorized access resulting from the User’s negligence, failure to maintain confidentiality or misuse of account credentials.
4.5. LUNEXA reserves the right to verify the identity of any User and may request additional documents, including identity proof, address proof, business registration certificates, GST registration, Udyam Registration, authorization letters, trademark-related documents or any other information considered necessary for providing the Services.
5. Scope of Services
5.1. LUNEXA provides professional branding, business development and intellectual property support services, which may include, without limitation:
a) Brand consulting;
b) Brand registration assistance;
c) Trademark advisory and filing assistance;
d) Brand strategy and positioning;
e) Marketing strategy and business growth consulting;
f) E-commerce website development and related digital solutions;
g) Catalogue design and product photography;
h) Visual branding, logo design and creative design services;
i) Startup branding packages;
j) Business identity development;
k) Brand audits;
l) Packaging and label design assistance;
m) Digital branding solutions;
n) Business advisory and related professional services; and
o) Any additional services introduced by LUNEXA from time to time.
5.2. LUNEXA may modify, expand, discontinue or replace any Service without prior notice where such modification is necessary for operational, commercial, legal or technical reasons.
5.3. The availability of any Service may vary depending upon geographical location, regulatory requirements, project feasibility, technical limitations or other business considerations.
6. Engagement of Services
6.1. A request submitted by the User through the Platform does not automatically create a contractual relationship between the User and LUNEXA.
6.2. A binding engagement shall arise only upon acceptance of the project by LUNEXA, confirmation of the scope of work, and payment of the applicable fees or such other conditions as may be communicated by LUNEXA.
6.3. LUNEXA reserves the unrestricted right to accept, reject, defer or discontinue any project without assigning any reason, particularly where:
a) the requested Service is unlawful;
b) the proposed brand or content violates applicable law;
c) the User provides inaccurate or misleading information;
d) conflicts of interest arise;
e) regulatory restrictions prevent performance; or
(f) the engagement may expose LUNEXA to legal, commercial or reputational risks.
6.4. Project timelines communicated by LUNEXA are indicative only unless expressly agreed in writing. Delays caused by governmental authorities, statutory bodies, third-party vendors, clients, internet service providers, payment gateways or force majeure events shall not constitute a breach by LUNEXA.
6.5. The User acknowledges that many Services, including trademark registration, intellectual property filings, governmental approvals, domain registrations and similar regulatory matters, are dependent upon decisions of the relevant statutory authorities or third parties, over whom LUNEXA has no control.
7. User Responsibilities
7.1. The User shall provide complete, accurate and lawful information required for the performance of the Services.
7.2. The User shall ensure that all documents, logos, artwork, trademarks, photographs, marketing materials, product information and other content submitted to LUNEXA are lawfully owned or duly authorized for use.
7.3. The User shall be solely responsible for obtaining all licences, approvals, permissions and statutory compliances applicable to its business.
7.4. The User shall cooperate with LUNEXA and provide timely responses, approvals, clarifications and documents necessary for completion of the Services.
7.5. Any delay caused by the User in providing information or approvals may result in corresponding delays in project completion, for which LUNEXA shall bear no responsibility.
7.6. The User shall not upload, transmit or submit any material that is unlawful, defamatory, fraudulent, obscene, infringing, misleading, malicious or otherwise prohibited under applicable law.
7.7. The User agrees to indemnify and keep indemnified LUNEXA against any claim, loss, damage, penalty or legal proceeding arising from inaccurate information, unauthorized content or violation of third-party rights by the User.
The next part will cover Trademark/Brand Registration Services, Brand Consulting, Creative & Design Services, E-commerce Development, and Marketing Strategy Services, with detailed clauses allocating responsibilities, disclaimers, intellectual property ownership, and project deliverables.
8. Trademark and Brand Registration Services
8.2. The User acknowledges and agrees that LUNEXA acts only as a professional service provider and facilitator for preparing, reviewing, filing, prosecuting, and managing intellectual property applications. LUNEXA does not function as a statutory authority and has no power to grant, register, approve, reject, renew, or otherwise determine the outcome of any application.
8.1. LUNEXA may provide professional assistance in relation to trademark, brand name, logo, device mark, copyright, design, domain name, intellectual property strategy, and other related registration or advisory services, either directly or through qualified professionals, associates, consultants, or authorized representatives.
8.3. The User expressly understands that the grant, registration, examination, acceptance, advertisement, opposition, renewal, rectification, cancellation, abandonment, or any other status of a trademark or intellectual property application is solely within the jurisdiction and discretion of the relevant governmental authority, including the Office of the Controller General of Patents, Designs and Trade Marks, the Trade Marks Registry, the Copyright Office, the Designs Office, courts, tribunals, or any other competent authority.
8.4. LUNEXA shall not guarantee:
a) successful examination;
b) absence of objections or oppositions;
c) exclusive rights over any mark;
d) commercial success of any brand;
e) availability of any proposed mark or domain name.
8.5. Trademark availability searches, clearance opinions, legal opinions, registrability assessments, and risk assessments provided by LUNEXA are based upon publicly available records, applicable law, and professional judgment as on the date of such opinion. Such opinions are advisory in nature and shall not constitute a guarantee or legal assurance of registration or enforceability.
8.6. The User shall be solely responsible for the truthfulness, legality, ownership, authenticity, and completeness of all documents, declarations, user claims, dates of use, affidavits, invoices, advertisements, social media evidence, packaging materials, labels, certificates, and any other information supplied to LUNEXA.
8.7. LUNEXA reserves the right to refuse any engagement where the proposed trademark, content, or intended use appears unlawful, deceptive, fraudulent, misleading, offensive, infringing, or otherwise contrary to applicable law or professional ethics.
8.8. Unless expressly agreed in writing, the scope of engagement shall be limited to the services specifically purchased by the User. Appeals, hearings, oppositions, rectifications, renewals, assignments, licensing, enforcement actions, infringement proceedings, litigation, and post-registration services shall constitute separate engagements and may attract additional professional fees.
9. Brand Consulting and Strategy Services
9.1. LUNEXA provides strategic consulting services relating to brand identity, brand positioning, naming strategy, market positioning, customer perception, competitive analysis, brand architecture, growth planning, and related commercial matters.
9.2. All recommendations, reports, presentations, strategies, consultations, and business advice are based upon the information provided by the User, prevailing market conditions, industry practices, and professional assessment.
9.3. Business success depends upon numerous factors beyond the control of LUNEXA, including market demand, consumer behaviour, competition, financial resources, execution, government policy, technological developments, and economic conditions.
9.4. Accordingly, LUNEXA does not warrant or guarantee increased sales, profitability, market share, customer acquisition, funding, investment, business expansion, or commercial success arising from implementation of any recommendation.
9.5. The User shall independently evaluate all recommendations before implementation and shall remain solely responsible for all commercial decisions.
10. Marketing Strategy Services
10.1. LUNEXA may assist Users in developing marketing strategies, promotional campaigns, branding plans, digital marketing concepts, launch strategies, content planning, customer engagement initiatives, and business growth plans.
10.2. Unless expressly agreed in writing, LUNEXA does not guarantee:
a) any minimum number of customers;
b) sales conversion;
c) website traffic;
d) social media followers;
e) search engine rankings;
f) advertising performance;
g) return on investment (ROI); or
h) revenue generation.
10.3. Marketing outcomes depend upon multiple variables beyond LUNEXA’s control, including third-party advertising platforms, consumer preferences, market competition, budget allocation, algorithm changes, and campaign execution.
11. Visual Branding, Design, Catalogue and Photography Services
11.1. LUNEXA may provide logo design, brand identity design, packaging concepts, catalogue design, brochures, creative artwork, visual branding, product photography, image editing, promotional material, and other creative services.
11.2. Unless otherwise agreed in writing, all concepts, drafts, layouts, sketches, mock-ups, previews, working files, editable files, source files, and preliminary creative materials shall remain the exclusive intellectual property of LUNEXA until full payment of all applicable fees has been received.
11.3. Upon receipt of full payment, ownership of the final approved deliverables shall pass to the User only to the extent expressly agreed in writing. LUNEXA retains ownership of all underlying methodologies, templates, design systems, know-how, software tools, and proprietary processes used in creating the deliverables.
11.4. The User shall carefully review all proofs, artwork, spellings, colours, layouts, dimensions, and specifications before approving the final version. Approval by the User shall constitute acceptance of the deliverables.
11.5. LUNEXA shall not be liable for printing errors, manufacturing defects, commercial losses, or other consequences arising after the User’s approval of the final design.
11.6. Unless prohibited by a written confidentiality agreement, LUNEXA may display completed projects, logos, branding work, or design samples in its portfolio, website, promotional materials, or social media solely for demonstrating its professional experience.
12. E-Commerce Development and Digital Services
12.1. LUNEXA may provide website development, e-commerce store development, UI/UX design, landing pages, integrations, digital branding, hosting assistance, maintenance support, and other technology-related services.
12.2. The User shall timely provide all required content, logos, photographs, product descriptions, licences, legal documents, payment gateway approvals, shipping information, tax details, and other materials necessary for project execution.
12.3. LUNEXA shall not be responsible for delays resulting from incomplete instructions, delayed approvals, third-party software, hosting providers, domain registrars, payment gateway providers, internet service interruptions, cybersecurity incidents, or governmental restrictions.
12.4. Unless specifically included within the agreed scope of work, ongoing maintenance, software updates, security monitoring, search engine optimisation, content management, hosting, domain renewal, technical support, and future modifications shall constitute separate chargeable services.
12.5. The User shall remain solely responsible for ensuring that its website, products, services, advertisements, and business operations comply with all applicable laws, including consumer protection, taxation, intellectual property, advertising, data protection, and e-commerce regulations.
13. Fees, Payments and Taxes
13.1. The fees payable for the Services shall be communicated to the Client through a quotation, proposal, invoice, work order, engagement letter, email, or any other written communication issued by LUNEXA.
13.2. Unless expressly agreed otherwise in writing, all quotations are valid only for the period specified therein and are subject to revision thereafter.
13.3. The Client agrees to pay all professional fees, statutory fees, government fees, filing fees, renewal fees, third-party charges, taxes, duties, levies, and other applicable charges in accordance with the agreed payment schedule.
13.4. All payments shall be made in Indian Rupees (INR) through the payment modes approved by LUNEXA.
13.5. Unless expressly stated otherwise, all fees quoted by LUNEXA are exclusive of applicable Goods and Services Tax (GST) and other statutory taxes, which shall be payable by the Client in addition to the professional fees.
13.6. Government fees, statutory filing fees, search fees, publication charges, courier charges, legalization charges, translation charges, and other third-party expenses are separate from LUNEXA’s professional fees unless specifically included in the quotation.
13.7. LUNEXA reserves the right to suspend, withhold, or discontinue any Service in the event of delayed, incomplete, or non-payment by the Client.
13.8. Any delay in payment may attract interest, administrative charges, recovery costs, or legal proceedings, as permitted under applicable law.
13.9. The Client shall not withhold, deduct, or set off any amount payable to LUNEXA except where required by applicable law.
14. Refund, Cancellation and Modification
14.1. Due to the professional, customized, advisory, and intellectual nature of the Services, fees paid towards consultations, legal opinions, brand strategy, design services, creative work, documentation, filings, advisory services, or any work already commenced shall ordinarily be non-refundable.
14.2. Government fees, statutory fees, filing charges, taxes, and third-party payments are non-refundable unless refunded by the respective authority or third party.
14.3. Where a refund is approved by LUNEXA at its sole discretion or is otherwise required under applicable law, such refund shall be processed within a reasonable period after deduction of applicable charges, taxes, bank charges, third-party costs, and the value of Services already rendered.
14.4. Any request for cancellation, modification, rescheduling, or change in the scope of work shall be subject to LUNEXA’s written approval and may attract additional charges.
14.5. LUNEXA reserves the right to cancel or refuse any engagement if the Client provides false information, fails to cooperate, violates applicable law, breaches these Terms, or engages in abusive, fraudulent, or unethical conduct.
15. Intellectual Property Rights
15.1. Unless otherwise expressly agreed in writing, all intellectual property rights relating to the Platform, including its software, source code, content, layout, design, graphics, logos, trademarks, service marks, trade names, databases, documents, templates, forms, reports, methodologies, workflows, compilations, photographs, videos, illustrations, and all other proprietary materials are and shall remain the exclusive property of LUNEXA or its licensors.
15.2. Nothing contained in these Terms shall be construed as transferring or assigning any ownership rights in the intellectual property of LUNEXA to the User.
15.3. Subject to full payment of applicable fees, the Client shall receive only those rights in the final deliverables as expressly agreed in writing. All underlying concepts, methodologies, frameworks, know-how, templates, software, reusable elements, and proprietary processes shall remain the exclusive property of LUNEXA.
15.4. The User shall not copy, reproduce, distribute, modify, adapt, reverse engineer, decompile, commercially exploit, publish, sublicense, create derivative works from, or otherwise use any content or intellectual property belonging to LUNEXA without prior written permission.
15.5. Any unauthorized use of the intellectual property of LUNEXA may result in civil, criminal, and equitable remedies available under applicable law.
16. User Content
16.1. The User represents and warrants that all trademarks, logos, brand names, photographs, artwork, text, designs, videos, product information, business information, documents, and other materials submitted to LUNEXA are lawfully owned by the User or used with valid authorization.
16.2. The User grants LUNEXA a limited, non-exclusive, royalty-free licence to use such materials solely for the purpose of providing the requested Services.
16.3. The User shall remain solely responsible for ensuring that the submitted content does not infringe the intellectual property, privacy, publicity, contractual, or other legal rights of any third party.
16.4. LUNEXA reserves the right to refuse or remove any content that appears unlawful, misleading, offensive, defamatory, fraudulent, or infringing.
17. Confidentiality
17.1. LUNEXA recognizes that Clients may disclose confidential business information during the course of the engagement.
17.2. Subject to applicable law, LUNEXA shall use reasonable measures to protect confidential information from unauthorized disclosure and shall use such information solely for providing the Services.
17.3. Confidential information shall not include information which: (a) is publicly available without breach of these Terms; (b) is independently developed; (c) is lawfully obtained from a third party; (d) is required to be disclosed pursuant to law, judicial order, governmental direction, or regulatory requirement.
17.4. The Client shall likewise maintain the confidentiality of proprietary methodologies, pricing structures, legal strategies, proposals, documents, reports, templates, software, and confidential information belonging to LUNEXA.
17.5. The obligations contained in this Clause shall survive the termination of these Terms.
18. Privacy and Data Protection
18.1. LUNEXA respects the privacy of its Users and processes personal data in accordance with its Privacy Policy and the applicable laws of India, including the Digital Personal Data Protection Act, 2023, to the extent applicable.
18.2. By using the Platform, the User consents to the collection, storage, processing, use, disclosure, and retention of personal data for the purposes of providing the Services, complying with legal obligations, improving the Platform, preventing fraud, resolving disputes, and other legitimate business purposes.
18.3. The User shall ensure that any personal data of third parties shared with LUNEXA has been collected and disclosed lawfully with all necessary consents.
18.4. LUNEXA may engage trusted third-party service providers, including payment gateways, hosting providers, communication service providers, cloud infrastructure providers, analytics providers, and technology vendors for providing the Services.
18.5. While LUNEXA adopts commercially reasonable security measures, no electronic transmission or storage system is completely secure. Accordingly, LUNEXA does not warrant absolute security of electronic data.
19. Disclaimer of Warranties
19.1. The Platform and all Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.
19.2. LUNEXA expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, uninterrupted availability, accuracy, non-infringement, or error-free operation.
19.3. LUNEXA does not warrant that the Platform will operate continuously without interruption, delay, virus, cyberattack, technical malfunction, or compatibility issues.
19.4. Professional advice provided through the Platform is based upon the information available at the relevant time and shall not constitute legal, financial, taxation, accounting, or investment advice unless expressly agreed in writing by a qualified professional.
19.5. The User acknowledges that all business decisions shall be taken at the User’s own discretion and risk.
20. Limitation of Liability
20.1. To the maximum extent permitted by applicable law, LUNEXA, its proprietor, employees, consultants, associates, representatives, contractors, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or economic damages, including loss of profits, goodwill, reputation, business opportunities, anticipated savings, data, contracts, or business interruption.
20.2. LUNEXA shall not be liable for any delay, rejection, abandonment, refusal, opposition, cancellation, or other decision made by any governmental authority, statutory body, registrar, court, tribunal, payment gateway, domain registrar, hosting provider, or third-party service provider.
20.3. To the fullest extent permitted by law, the aggregate liability of LUNEXA arising out of or relating to any particular engagement shall not exceed the professional fees actually received by LUNEXA from the Client for the specific Service giving rise to the claim.
20.4. Nothing contained in these Terms shall exclude liability where such exclusion is prohibited under applicable law.
The remaining sections (Indemnity, Suspension and Termination, Force Majeure, Governing Law, Arbitration, Notices, Severability, Entire Agreement, Amendments, and Contact Information) will complete the Terms and Conditions. These final clauses are essential for a comprehensive legal framework.
21. Indemnification
21.1. The User agrees to defend, indemnify and hold harmless LUNEXA, its proprietor, employees, consultants, affiliates, representatives, contractors, licensors and service providers from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to:
a) the User’s breach of these Terms;
b) any false, inaccurate or misleading information or document submitted by the User;
c) infringement or alleged infringement of any intellectual property or other legal rights of any third party by the User;
d) violation of any applicable law, regulation or governmental direction by the User;
e) misuse of the Platform or the Services;
f) any negligence, fraud, wilful misconduct or unlawful act or omission of the User; or
g) any claim arising from the User’s products, services, advertisements, business activities or commercial representations.
21.2. The obligations contained in this Clause shall survive the expiry or termination of these Terms.
22. Suspension and Termination
22.1. LUNEXA reserves the right, at its sole discretion and without prejudice to any other legal remedy, to suspend, restrict or terminate the User’s access to the Platform or Services at any time where:
a) the User violates these Terms;
b) any information supplied by the User is false, misleading or incomplete;
c) the User engages in fraudulent, abusive, illegal or unethical conduct;
d) continued provision of the Services would violate applicable law or expose LUNEXA to legal, regulatory, financial or reputational risk;
e) the User fails to make payments when due; or
f) LUNEXA discontinues or modifies any Service.
22.2. Termination shall not affect any rights, obligations or liabilities accrued prior to the effective date of termination.
22.3. Upon termination, the User shall immediately cease using the Platform and all licences or permissions granted under these Terms shall automatically terminate.
22.4. LUNEXA may retain records, communications and documents relating to the engagement for such period as required under applicable law or its internal record retention policies.
23. Force Majeure
23.1. LUNEXA shall not be liable for any delay, interruption, failure or inability to perform any obligation arising from events beyond its reasonable control, including but not limited to:
a) acts of God;
b) natural disasters;
c) floods, earthquakes, cyclones or storms;
d) fire or explosion;
e) epidemic or pandemic;
f) war, invasion, terrorism, civil unrest or riots;
g) strikes, lockouts or labour disputes;
h) governmental actions, judicial orders or regulatory restrictions;
i) failure of telecommunications, internet, cloud infrastructure, electricity or utilities;
j) cyberattacks, hacking, ransomware, malware or denial-of-service attacks;
k) failure of third-party vendors, payment gateways, hosting providers or domain registrars; or
l) any other event beyond the reasonable control of LUNEXA.
23.2. During the continuance of a Force Majeure event, the obligations of LUNEXA shall stand suspended to the extent affected by such event.
24. Third-Party Services
24.1. The Platform may integrate with or provide access to third-party products, software, payment gateways, hosting providers, cloud service providers, courier partners, governmental portals, social media platforms or other external websites.
24.2. Such third-party services are governed by their respective terms, privacy policies and operating practices.
24.3. LUNEXA neither owns nor controls such third-party services and shall not be responsible for their availability, security, functionality, content, pricing, accuracy or performance.
24.4. The User’s dealings with third parties shall be solely between the User and such third parties.
25. Electronic Communications
25.1. The User consents to receive communications electronically from LUNEXA through email, SMS, WhatsApp, telephone calls, notifications, or other electronic means.
25.2. Electronic communications shall constitute valid legal communications and shall satisfy any requirement that such communications be in writing, to the extent permitted by applicable law.
26. Governing Law
26.1. These Terms and all disputes arising out of or relating to the Platform or Services shall be governed by and construed in accordance with the laws of the Republic of India.
26.2. The rights and obligations of the Parties shall be interpreted in accordance with the applicable statutory provisions, judicial precedents and regulatory requirements in force from time to time.
27. Dispute Resolution and Arbitration
27.1. The Parties shall endeavour to resolve any dispute, controversy or claim arising out of or relating to these Terms through good faith negotiations.
27.2. If the dispute is not resolved amicably within thirty (30) days from the date of written notice, the dispute shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
27.3. The arbitration shall be conducted by a sole arbitrator appointed by LUNEXA and the Client by mutual consent. In the absence of mutual agreement, the appointment shall be made in accordance with the Arbitration and Conciliation Act, 1996.
27.4. The seat and venue of arbitration shall be Puttur/Mangaluru, Karnataka, India, unless otherwise mutually agreed in writing.
27.5. The arbitration proceedings shall be conducted in the English language.
27.6. Subject to the arbitration provisions contained herein, the competent courts having territorial jurisdiction over Puttur/Mangaluru, Dakshina Kannada, Karnataka, shall have exclusive jurisdiction in respect of matters not capable of arbitration or for enforcement of arbitral awards.
28. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable by any competent court or authority, such provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
29. Waiver
Failure or delay by LUNEXA in exercising any right, power or remedy under these Terms shall not constitute a waiver of such right, power or remedy, nor shall any partial exercise prevent any further exercise thereof.
30. Assignment
The User shall not assign, transfer, sublicense or otherwise dispose of any rights or obligations under these Terms without the prior written consent of LUNEXA.
LUNEXA may assign or transfer its rights and obligations under these Terms to any affiliate, successor, purchaser or other lawful entity without requiring the User’s prior consent.
31. Entire Agreement
These Terms, together with the Privacy Policy, Refund and Cancellation Policy, Cookie Policy, Disclaimer, Intellectual Property Policy and all other policies published on the Platform, constitute the entire agreement between the User and LUNEXA with respect to the use of the Platform and supersede all prior oral or written communications relating thereto.
32. Amendments
LUNEXA reserves the right to amend, modify, update or replace these Terms at any time. The revised Terms shall become effective immediately upon publication on the Platform unless otherwise specified. Continued use of the Platform after such publication shall constitute acceptance of the revised Terms.
33. Contact Information
For any questions, complaints, legal notices or communications regarding these Terms or the Services, Users may contact:
LUNEXA
Ground Floor, Hiranya Complex,
Bolwar, Puttur,
Dakshina Kannada, Karnataka – 574201
Website: lunexa.in
Email: contact@lunexa.in
Telephone: +91 7411711286
