Welcome to My Local Adda. This document is an
electronic record in terms of the amended Information Technology Act, 2000 and
rules and regulation made thereunder. 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 domain name
[www.mylocaladda.com], including the related mobile site and mobile application
of shopper as well as the seller application and delivery application
(hereinafter referred to as “Platform”) which are owned and operated by GSJ SHOWNSELL
ONLINE PRIVATE LIMITED, a Company incorporated under the Companies Act, 2013
having its Registered Office at “50 K, “Ratan Jatan Kutir”, Banthia Chowk, Near
Mohta Chowk, Bikaner, Rajasthan, 334001 India and Operational Business Office
at 344, Vijay Shopping Mall, Kotegate, Bikaner, Rajasthan 334001 India.
Your use of the Platform and services and
tools are governed by the following terms and conditions ("Terms of
Use") as applicable to the Platform including the applicable policies
which are incorporated herein by way of reference. If You transact on the
Platform, You shall be subject to the policies that are applicable to the
Platform for such transaction. By mere use of the Platform, You shall be
contracting with My Local Adda and these terms and conditions including the
policies constitute Your binding obligations, with My Local Adda.
For the purpose of these Terms of Use,
wherever the context so requires "You"or "User” shall mean any
natural or legal person who has agreed to avail Our services in any capacity on
the Platform by providing Registration Data while registering on the Platform
as Registered User using the computer systems or any electronic device. The
term "We", "Us", "Our" shall mean “My Local
Adda.”
Further, it is to be noted that words
referring to masculine include the feminine and the singular include the plural
and vice versa as the context admits or requires; and Words importing persons
includes individuals, bodies corporate and unincorporated.
When You use any of the services provided by
Us through the Platform, You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, and they shall be
deemed to be incorporated into this Terms of Use and shall be considered as
part and parcel of this Terms of Use.
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. My Local Adda assumes right to also
suspend the operation of its Platform for some hours for support or technical
upgradation, maintenance work, in order to update the content or for any other
reason.
It is Your responsibility to review these
“Terms of Use” periodically for updates / changes. Your continued use of the
Platform following the posting of changes will mean that You accept and agree
to the revisions. As long as You comply with these Terms of Use, We grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use
the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE
PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE
TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By
impliedly or expressly accepting these Terms of Use, You also accept and agree
to be bound by My Local Adda Policies (including but not limited to Privacy
Policy, other policies and terms) as amended from time to time.
PART A- GENERAL TERMS:
1. Registration Eligibility:
1.Transaction on the Platform is available
only to persons who can form legally binding contracts under Indian Contract
Act, 1872. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including un-discharged insolvents
etc. or the User who is suspended and blocked by My Local Adda from accessing
the Platform for any reason whatsoever are not eligible to use the Platform.
2. My Local Adda reserves the right to refuse
access to the Platform, at any time to new Users or to terminate or suspend
access granted to existing Users at any time without according any reasons for
doing so.
3.If You are a minor i.e. under the age of 18
years, You may use the Platform or access content on the Platform only under
the supervision and prior consent/ permission of a parent or legal guardian.
As a minor, if You wish to transact on the
Platform, such transaction on the Platform may be made by Your legal guardian
or parents. We reserve the right to terminate Your registration and/ or refuse
to provide You with access to the Platform if it is brought to Our notice or if
it is discovered that You are under the age of 18 years and transacting on the
Platform.
4. You shall not have more than one active
Account on the Platform. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your Account to another party or
impersonating any other person for the purposing of creating an account with
the Platform.
2. Registration/ Your Account:
You shall be permitted to access the
Platform, avail Our Services only upon creating an Account and obtaining a
registration on the Platform. Your ability to continue using the Platform, Our
Services are subject to Your continued registration on the Platform. You will
be required to enter Your personal information including Your name, contact
details, and other relevant information while registering on the Platform (as
asked by My Local Adda).
As a part of the registration, You may be
required to undertake a verification process to verify Your personal
information and setting up the Account.
We shall have the right to display the
information, feedback, ratings, reviews etc. provided by You on the Platform.
You agree and accept that as on the date of Your registration on the Platform,
the information provided by You is complete, accurate and up-to-date.
You acknowledge and accept that My Local Adda
has not independently verified the information provided by You. My Local Adda
shall in no way be responsible or liable for the accuracy or completeness of
any information provided by You.
If You provide any information that is
untrue, inaccurate, not current or incomplete, or My Local Adda has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, My Local Adda reserves the right to suspend or terminate Your
Account and refuse any and all current or future use of the Platform (or any
portion thereof) at any time.
We reserve the right to not provide You Our
services or cancel Your registration or edit content at anytime without giving
You prior notice, if we suspect that Your intention of using Our services is
deceptive, unfaithful, troubling us in bad faith or the services that You are
offering via our Platform is not genuine, incomplete, inaccurate, illegal,
misleading, includes some unlawful activity or is offensive on moral,
religious, racial or political grounds or of an abusive, indecent, obscene,
defamatory or menacing nature.
3. User Responsibility related to Account:
If You use Our Platform, You are solely
responsible for maintaining the confidentiality of Your account and password
and for restricting access to Your computer or any device to prevent
unauthorised access to Your account. You agree to accept responsibility for all
activities that occur under Your account or password. You should take all the
necessary steps to ensure that the password is kept confidential and secure and
use “Forgot password” immediately if You have any reason to believe that Your
password has become known to anyone else, or if the password is being, or is likely
to be, used in an unauthorised manner.
Please ensure that the details You provide Us
with are correct, up-to-date and complete. You can access and update much of
the information You provided us with in the My Profile area of the Platform.
4. User Information:
You are solely responsible for and in control
of the information You provide to Us. Compilation of User Accounts and User
Account bearing contact number, e-mail addresses and other information are
owned by My Local Adda. Further, You understand and agree that certain
information will be case sensitive and must be handled with a prudent care.
In the case where the Platform is unable to
establish unique identity of the User against a valid mobile number or e-mail
address, the Account shall be indefinitely suspended. My Local Adda reserves
the full discretion to suspend a User's Account in the above event and does not
have the liability to share any Account information whatsoever.
5. Communications:
When You use the Platform or send emails or
other data, information or communication to Us, You agree and understand that
You are communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as and
when required. We may communicate with You by email or by such other mode of
communication, electronic or otherwise.
6. Services Offered:
My Local Adda is a next generation online
facilitator in the digital space that is committed to facilitate multiple
services and providing an online Platform to the Users under one umbrella.
Thus, it provides–
1) a Platform for the sellers to display,
show, advertise, exhibit, make available various new Products (including but
not limited to mobile and electronics; appliances; household utilities; home
supplies; men, women and kids’ fashion merchandise; accessories etc.) on the
Platform for other Users (who are Buyers/Customers) (Sellers’ Terms and
Conditions mentioned separately in Seller Terms of Use);
2) a Platform for such other Users
(Buyers/Customers) to view the new Products displayed by the Sellers and
connect with them on the Platform to buy the same and to make payments to the
Sellers for the purchase of the new Products displayed on the Platform;
3) a Platform for the Users to display, show,
advertise, exhibit, make available various old or second hand Products or
pre-owned products (including but not limited to mobile and electronics;
appliances; household utilities; home supplies; men, women and kids’ fashion
merchandise; accessories etc.) on the Platform for other Users (who are Buyers
/Customers);
4) a Platform for such other Users
(Buyers/Customers) to view the various old or second hand Products or pre-owned
products which are displayed, showed, advertised, exhibited and make available
by the Users on the Platform and to make payments to them for the same;
5) a Platform to facilitate pick up and drop
off services where one can send packages from one location to the other through
the Delivery Partner ("Pick Up and Drop Off Services") (Terms and
Conditions mentioned separately);
6) a Platform to access and become member of
a rich collection of Local Online Business Directory. (Terms and Conditions
mentioned separately);
7) a Platform to facilitate the display of
immovable property (Residential, Commercial and Industrial) where the Sellers
of the immovable property (Residential, Commercial and Industrial) can sell
their property to the potential Buyers and the Buyers of such property can
purchase immovable property without paying any brokerage subject to the terms
and conditions. (Terms and Conditions mentioned separately);
8) a Platform which can facilitate owners of
immovable property and tenant to find each other without paying any brokerage.
(Terms and Conditions mentioned separately);
9) such other services as are incidental and
ancillary thereto. The Services are offered to the Users through various modes
which may include issue of local coins, cash coins, coupons, rewarding points,
vouchers etc. that can be redeemed for various Products and Services.
7. Privacy:
Please review Our Privacy Policy, which also
governs Your visit to My Local Adda, to understand Our practices. The personal
information/ data provided to Us by You during the course of usage of My Local
Adda will be treated as strictly confidential and in accordance with the
Privacy Policy and applicable laws and regulations. If You object to Your
information being transferred or used, please do not use the Platform.
8. Access to My Local Adda:
We will do Our utmost to ensure that
availability of the Platform will be uninterrupted and that transmissions will
be error-free. However, due to the nature of the Internet, this cannot be
guaranteed. Also, Your access to the Platform may also be occasionally
suspended or restricted to allow for repairs, maintenance, or the introduction
of new facilities or services at any time without prior notice. We will attempt
to limit the frequency and duration of any such suspension or restriction.
9. Platform for Transaction and
Communication:
My Local Adda is a Platform for Users to meet
and interact with one another for their transactions. Thus, My Local Adda is
only a facilitator and is not and cannot be a party to or control in any manner
any transaction between the Platform's Users.
10. Obligations of User:
a) The accuracy of the Registration Data
given to My Local Adda for the Services shall be the sole responsibility of the
User;
b) Any licenses, permits, consents, approvals
and intellectual property or other rights as may be required for using the
Service shall be obtained by the User at his own cost;
c) The User will ensure compliance with all
notices or instructions given by My Local Adda from time to time to enable the
use of the Services;
d) The User understands and agrees that User
is responsible for all applicable taxes and for all costs that are incurred in
using My Local Adda Services;
e) The User shall be solely responsible for
all information retrieved, stored and transmitted through the Services by him;
f) The User shall keep confidential and not
disclose to any person the User's password and User identification and all
activities and transmission performed by the User through his User
identification and shall immediately change its password through “Forgot
password” in case of any un-authorized use of the User's account or any other
breach of security known to the User;
g) My Local Adda in its sole discretion shall
reserve the right to edit, modify and alter the content. The User will
indemnify My Local Adda for any action or claim committed/made by any third
party resulting from any information posted on the Platform by the User or/and
anybody else on his behalf;
h) My Local Adda does not accept any
responsibility towards the data entered in Our Platform. The User who has
entered the data is fully responsible for any wrong data entered and be liable
for any and all action taken by third party (whether civil/criminal). My Local
Adda however will endeavour to use the best industry practice of weeding out
all wrong data/ false data entered and undertakes to withdraw all such data
with its capacity;
i) The User agrees that any data entered into
herein can and shall be saved, used and commercially exploited by My Local Adda
and User hereby warrants and covenants that all data entered into the Platform
is true and correct and belongs exclusively to him and not to any other third
party.
11. Prohibited Actions/Conduct of User:
a) The User undertakes not to resell or
assign his/her rights or obligations under these Terms & Conditions. User
also agrees not to make any unauthorized commercial use of the Services;
b) The User shall use the Service only for
the purpose for which it is registered;
c) The User shall comply with all applicable
laws (and shall not contravene any applicable law) of India relating to the
Services, including any regulation made pursuant thereto;
d) The User shall not print, download,
duplicate or otherwise copy, delete, vary or amend or use any data or personal
information posted by any User on My Local Adda except such data and
information which is posted by the particular User himself.;
e) The User shall not share the Service with
any person without the prior written approval of My Local Adda;
f) The User shall not use the Service for any
unlawful purpose including without limitation criminal purposes;
g) The Service shall not be used to send or
receive any message, which is offensive on moral, religious, racial or
political grounds or of an abusive, indecent, obscene, defamatory or menacing
nature;
h) The User shall be prohibited if they
persistently send messages or make postings on My Local Adda to Us, any other
User or third party who access My Local Adda without reasonable cause or for
causing any threat or/and harassment or/and annoyance or/and anxiety or/and any
other inconvenience whatsoever caused to Us or any person;
i) The User shall not infringe on any
intellectual property rights of any person or/and retain information in any
computer system or otherwise with an intention to do so;
j) The User shall give out to My Local Adda a
non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through
multiple tiers) right to exercise all copyright and publicity rights, in any
existing or future media, known or unknown, over the material or User Data
displayed in Your listings. For the purpose of this Agreement, "User
Data" shall mean all information (if any) submitted by the User to My Local
Adda with the exception of trading data, credit card numbers, checking account
numbers, etc. "Individually Identifiable User Data" shall mean that
subset of "User Data" which can be reasonably used to identify a
specific individual such as their name, address, phone number, etc. The User
Data shall be deemed to be the property of My Local Adda. The User shall take
all reasonable efforts to ensure that it is accurate and complete and not
misleading in any way;
k) User agrees not to make use of anyone else's
Information other than as necessary to complete any transactions in which You
are involved;
l) The User shall not violate, or attempt to
violate the security of My Local Adda and/or any web sites linked to My Local
Adda or gain un-authorized access of any information regarded as private by
other Users or persons, including but without limitation to accessing data and
information not intended for them or logging onto a server or account which the
User is not authorized to access, attempting to probe, scan or test the
vulnerability of a system or network or attempting to breach security or
authentication;
m) The User shall be prohibited to introduce,
post or transmit any information or software, which contains a virus, worm or
other harmful component into the internet or My Local Adda network system.
n) In the event that the User breaches any of
the above mentioned covenants, My Local Adda shall have the right to delete any
material relating to the violations. My Local Adda reserves the unilateral right
to suspend or/and deactivate the User's access to My Local Adda the Service
and/or any other related facility in case of violation of Terms of Use. In
addition to the right to indemnity available to My Local Adda, My Local Adda
shall have the right to any legal remedy, against the User to recover the loss
suffered by My Local Adda and the harm caused to the reputation of My Local
Adda, due to such violation by the User;
o) The Users shall avail the Services through
My Local Adda or any other related site for lawful purposes alone. Transmission
or/and distribution or/and storage of material or/and conduct in violation of
any applicable local or/and state or/and Central or/and foreign law or/and
regulation is prohibited. This includes without limitation any unauthorized use
of material protected by patent or/and copyright or/and trademark or/and other
intellectual property right, material that is obscene or/and defamatory or/and
libelous or/and constitutes an illegal threat, or/and violates rights of privacy
or publicity, or/and violates export control laws. The User may use the
information on/through Our Platform only to the extent necessary to facilitate
the related transactions;
p) My Local Adda strongly opposes SPAM (also
transmission of "junk mail", "chain letters", or
unsolicited mass mailing), which floods the Internet with unwanted and
unsolicited email and deteriorates the performance and availability of the My
Local Adda Platform. All forms of SPAM, or any other activities that have the
effect of facilitating SPAM, are strictly prohibited;
q) My Local Adda also prohibits the use of
another Internet service to send or post SPAM to drive visitors to Your site
hosted on or through My Local Adda Platform, whether or not the messages were
originated by You, under Your direction, or by or under the direction of a
related or unrelated third party;
r) You agree that You shall not host,
display, upload, modify, publish, transmit, update or share any information on
the Platform, that -
Belongs to another person and to which You do
not have any right to;
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;
Harm minors in any way;
Harasses or advocates harassment of another
person;
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;Promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libellous;
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];
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 products;
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 file
etc;
Contains restricted or password-only access
pages, or hidden pages or images (those not linked to or from another
accessible page);
Provides material that exploits people in a
sexual, violent or otherwise inappropriate manner or solicits personal
information from anyone;
Provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
Contains video, photographs, or images of
another person (with a minor or an adult);Tries to gain unauthorized access or
exceeds the scope of authorized access to the Platform or to profiles, blogs,
communities, account information, bulletins, friend request, or other areas of
the Platform or solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
Engages in commercial activities and/or sales
without Our prior written consent such as contests, sweepstakes, barter,
advertising, schemes etc. Throughout this Terms of Use, My Local Adda's prior
written consent means a communication coming from My Local Adda's Legal
Department, specifically in response to Your request, and specifically
addressing the activity or conduct for which You seek authorization;
Solicits gambling or engages in any gambling
activity which We, in Our sole discretion, believes is or could be construed as
being illegal;
Interferes with another USER's use and
enjoyment of the Platform or any other individual's User and enjoyment of
similar services;
Refers to any Platform or URL that, in Our
sole discretion, contains material that is inappropriate for the Platform or
any other Platform, contains content that would be prohibited or violates the
letter or spirit of these Terms of Use;
Violates any law for the time being in force;
Deceives or misleads the addressee about the
origin of such messages or communicates any information which is grossly
offensive or menacing in nature;
Impersonate another person;
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 value of, surreptitiously
intercept or expropriate any system, data or personal information;
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 cognisable offence
or prevents investigation of any offence or is insulting any other nation
Any Content and/ or comment/information
uploaded by User/You on the Site which is non-compliant with The Information
Technology Act, 2000, Rules and regulations, guidelines made thereunder, User
agreement and Privacy Policy, as amended/re-enacted from time to time, for
access or usage of My Local Adda's Services/Site/computer resource or Platform,
My Local Adda has the right to immediately terminate the access or usage rights
of the User to the said Services and Site and remove/disable all information
including the non-compliant information. Furthermore, My Local Adda shall have
the right to take recourse to such remedies as would be available to the My
Local Adda under the applicable laws;
shall not be false, inaccurate or misleading;
i) shall not, directly or indirectly, offer,
attempt to offer, trade or attempt to trade in any item, the dealing of which
is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force;
ii) shall not create liability for Us or
cause Us to lose (in whole or in part) the services of Our internet service
provider ("ISPs") or other suppliers;
You shall not use any "deep-link",
"page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Platform or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any Content, to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Platform. We reserve Our right
to bar any such activity;
You shall not attempt to gain unauthorized
access to any portion or feature of the Platform, or any other systems or
networks connected to the Platform or to any server, computer, network, or to
any of the services offered on or through the Platform, by hacking, password
"mining" or any other illegitimate means;
You shall not probe, scan or test the
vulnerability of the Platform or any network connected to the Platform nor
breach the security or authentication measures on the Platform or any network
connected to the Platform. You may not reverse look-up, trace or seek to trace
any information on any other User of or visitor to Platform, or any other
Customer, including any account on the Platform not owned by You, to its
source, or exploit the Platform or any service or information made available or
offered by or through the Platform, in any way where the purpose is to reveal
any information, including but not limited to personal identification or
information, other than Your own information, as provided by the Platform;
You shall not make any negative, denigrating
or defamatory statement(s) or comment(s) about Us or the brand name or domain
name used by Us including the terms “My Local Adda”, “mylocaladda.com”, or
otherwise engage in any conduct or action that might tarnish the image or
reputation, of My Local Adda or Sellers on Platform or Delivery Partners or
otherwise tarnish or dilute any My Local Adda's trade or service marks, trade
name and/or goodwill associated with such trade or service marks, trade name as
may be owned or used by Us. You agree that You will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the Platform or My Local Adda's systems or networks, or any systems or
networks connected to My Local Adda;
You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Platform or any transaction being conducted on the Platform, or with any other
person's use of the Platform;
You may not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message or
transmittal You send to Us on or through the Platform or any service offered on
or through the Platform. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity;
You may not use the Platform or any content
for any purpose that is unlawful or prohibited by these Terms of Use, or to
solicit the performance of any illegal activity or other activity which
infringes the rights of My Local Adda and / or others;
You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000 and
rules there under as applicable and as amended from time to time and also all
applicable Domestic laws, rules and regulations (including the provisions of
any applicable Exchange Control Laws or Regulations in Force) and International
Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding Your
use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services etc. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force;
Solely to enable Us to use the information
You supply Us with, so that we are not violating any rights You might have in
Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to
exercise the copyright, publicity, database rights or any other rights You have
in Your Information, in any media now known or not currently known, with
respect to Your Information. We will only use Your information in accordance
with the Terms of Use and Privacy Policy applicable to use of the Platform;
From time to time, You shall be responsible
for providing information relating to the Products or Services or Property
proposed to be displayed by You on the Platform. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such Products or
Services or Property so as to mislead other Users in any manner;
You shall not engage in advertising to, or
solicitation of, other Users of the Platform to buy or sell any products or
services or property, including, but not limited to, products or services or
property related to that being displayed on the Platform or related to Us. You
may not transmit any chain letters or unsolicited commercial or junk email to
other Users via the Platform. It shall be a violation of these Terms of Use to
use any information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
another person other than Us without Our prior explicit consent. In order to
protect Our Users from such advertising or solicitation, We reserve the right
to restrict the number of messages or emails which a User may send to other
Users in any 24-hour period which We deem appropriate in its sole discretion.
You understand that We have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Platform) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any
information about You to law enforcement or other government officials, as we,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but has no obligation,
to monitor the materials posted on the Platform. My Local Adda shall have the
right to remove or edit any content that in its sole discretion violates, or is
alleged to violate, any applicable law or either the spirit or letter of these
Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect My
Local Adda views. It is to be noted that the admin panel of My Local Adda just
checks the attributes of picture posted by the Seller (whether it is clear,
visible or not etc. and as per the dimensions of the policies of My Local Adda)
and thus approves the request of the Seller. Further, My Local Adda is not
bound to necessarily check all the content posted by the Seller. Thus, In no
event shall My Local Adda assume or have any responsibility or liability for
any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Platform. You hereby represent and
warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
1. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Platform, including payment and delivery of related products or services, and
any other terms, conditions, warranties or representations associated with such
dealings, are solely between You and such advertiser. We shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
the Platform.
2. It is possible that other Users (including
unauthorized Users or "hackers") may post or transmit offensive or
obscene materials on the Platform and that You may be involuntarily exposed to
such offensive and obscene materials. It also is possible for others to obtain
personal information about You due to Your use of the Platform, and that the
recipient may use such information to harass or injure You. We do not approve
of such unauthorized uses, but by using the Platform You acknowledge and agree
that We are not responsible for the use of any personal information that You
publicly disclose or share with others on the Platform. Please carefully select
the type of information that You publicly disclose or share with others on the
Platform.
3. My Local Adda shall have all the rights to
take necessary action and claim damages that may occur due to Your
involvement/participation in any way on Your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
4. If You choose to browse or transact on the
Platform using the voice command-based shopping feature, You acknowledge that
My Local Adda and/or its affiliates will collect, store and use Your voice
inputs on this feature to customize Your experience and provide additional
functionality as well as to improve My Local Adda’s and/or its affiliates’
products and services. My Local Adda’s and/or its affiliates’ use of Your voice
data will be in accordance with the My Local Adda Privacy Policy. You accept
that Your use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. My Local Adda reserves the right to change, enhance,
suspend, or discontinue this feature, or any part of it, at any time without
notice to You. Your continued use of this feature constitutes Your acceptance
of the terms related to this feature.
12. Contents Posted on Platform:
1. All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music and artwork
(collectively, "Content"), is a third party User generated content
and My Local Adda has no control over such third party User generated content
as My Local Adda is merely a facilitator for the purposes of this Terms of Use.
2. Except as expressly provided in these
Terms of Use, no part of the Platform and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including "mirroring") to any
other computer, server, Platform or other medium for publication or
distribution or for any commercial enterprise, without My Local Adda's express
prior written consent.
3. You may use information on the products
and services purposely made available on the Platform for downloading, provided
that You (1) do not remove any proprietary notice language in all copies of
such documents, (2) use such information only for Your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or warranties
relating to such documents.
4. You shall be responsible for any notes,
messages, emails, reviews, ratings, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or
information posted or transmitted to the Platform (collectively, "Content").
Such Content will become Our property and You grant Us the worldwide, perpetual
and transferable rights in such Content. We shall be entitled to, consistent
with Our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not
limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be
used by Us, consistent with Our Privacy Policy and Rules of Conduct on Site as
mentioned herein, and You are not entitled to any payment or other compensation
for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT
BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO,
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY
CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION
BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
13. Claims against Objectionable Content:
As My Local Adda is a facilitator of multiple
services from different spheres and disciplines under one umbrella to its Users
on its Platform and hosts many thousands of comments, thus, it is not possible
for Us to be aware of the contents of each product listed for sale, each
property listed for rent or sale, or about any comment or review or information
that is displayed on the Platform for different services delivered.
Accordingly, My Local Adda operates on a "notice and takedown" basis.
If You believe that any content on the Platform is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous,
obscene, pornographic, pedophilic or menacing; ethnically objectionable,
disparaging; or is otherwise injurious to third parties; or relates to or
promotes money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security or
sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses, ("Objectionable Content"), please
notify Us by filling this Notice for reporting Objectionable Content
immediately and send Us gsjshownsell@gmail.com. Once this procedure has been
followed, My Local Adda will make all reasonable endeavours to remove such
Objectionable Content complained about within a reasonable time.
14. Disclaimer of Warranties and Liabilities:
All the Services (related to display of new
goods, second-hand goods; display of immovable property for sale/purchase/rent
purposes; information provided by Local Online Business Directory; Pick up and
drop off Services by Delivery Partner etc.) on or otherwise made available to
You through this/ on this Platform are provided on "as is" and
"as available" basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to
the forgoing paragraph, My Local Adda does not warrant that:
1. This Platform will be constantly
available, or available at all; or
2. The information on this Platform is
complete, true, accurate or non-misleading;
My Local Adda will not be liable to You in
any way or in relation to the Contents of, or use of, or otherwise in
connection with, the Platform. My Local Adda does not warrant that any
information, content, materials, product (including software), property or
services included on or otherwise made available to You through the Platform;
their servers; or electronic communication sent from Us are free of viruses or
other harmful components;
15. Intellectual Property Rights:
Platform is controlled and operated by My
Local Adda which is a brand owned and controlled by GSJ SHOWNSELL ONLINE
PRIVATE LIMITED and all the services here are offered by respective third
parties to the Users. The Platform and process, and their selection and
arrangement, including but not limited to, all texts, images, videos, graphics,
user interfaces, visual interfaces, sounds and music (if any), artwork,
algorithm, button icon, digital downloads, data compilations and computer code
(and any combination thereof), except any third party software available on the
Platform, is owned by My Local Adda (“My Local Adda Property”) and the design,
structure, selection, co-ordination, expression, look and feel and arrangement
of such My Local Adda Property is protected by copyright, patent and trademark
laws, and various other intellectual property rights. You are not permitted to
use My Local Adda Property without the prior written consent of My Local Adda.
The trademarks, logos and service marks
displayed on the Platform ("Marks") are the property of My Local
Adda, except any trademark, logos and service marks of third parties available
on the Platform. You are not permitted to use the Marks without the prior
consent of My Local Adda or such third party as may be applicable.
Further, in case You feel that Your
Intellectual Proprietary Right is infringed then You can notify My Local Adda
for the same by filling Notice/ Form for claim of IP infringement and send us
at gsjshownsell@gmail.com for deleting the said item from Our Platform. If Your
claim of IP infringement proves out to be wrong, false or misleading then My
Local Adda shall be having all the rights to start civil/ criminal action
against You.
16. Trademark:
MY LOCAL ADDA is a registered Trademark of
GSJ SHOWNSELL ONLINE PRIVATE LIMITED. My Local Adda’s trademark and trade dress
may not be used in connection with any product or service that is not My Local
Adda's, in any manner that is likely to cause confusion among Customers, or in
any manner that disparages or discredits My Local Adda. All other trademarks
not owned by My Local Adda that appear on this Platform are the property of
their respective owners, who may or may not be affiliated with, connected to,
or sponsored by My Local Adda.
17. Disclaimer:
You further acknowledge and undertake that
You will use the Platform to avail services facilitated on My Local Adda
Platform only for Your personal use and not for business purposes (unless You
have registered Yourself as Seller or Provider of Services or for the business
purposes). We shall neither be liable nor responsible for any actions or
inactions of Sellers or Manufacturers or Service Providers or any User nor any
breach of conditions, representations or warranties by the Sellers or
Manufacturers or any User of the Products/Services or Seller/Landlord or any
User of Property and hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between You and the Sellers or Manufacturers or Service Providers
or any User of the product/Property/Service.
We further expressly disclaim any warranties
or representations (express or implied) in respect of quality, suitability,
accuracy, reliability, completeness, timeliness, performance, safety,
merchantability, fitness for a particular purpose, or legality of the products
listed or displayed or transacted or the content (including product or pricing
information and/or specifications) on the Platform. While We have taken
precautions to avoid inaccuracies in content, this Platform, all content,
information (including the price of products), software, products, services and
related graphics are provided as is, without warranty of any kind. We do not
implicitly or explicitly support or endorse the sale or purchase or renting or
tenancy of any products/property or any services offered on the Platform. At no
time shall any right, title or interest in the products sold/property
sold/services availed through or displayed on the Platform vest with My Local
Adda nor shall My Local Adda have any obligations or liabilities in respect of
any transactions on the Platform. IT IS TO BE NOTED THAT MY LOCAL ADDA IS JUST
A FACILITATOR WHO ALLOWS YOU TO DISPLAY AND SHOW YOUR PRODUCTS, SERVICES,
PROPERTY ON THE PLATFORM AND THUS MY LOCAL ADDA EXPRESSLY DISCLAIMS ANY
WARRANTIES OR REPRESENTATIONS (EXPRESS OR IMPLIED) FOR THE TRANSACTION AND CONTENT
TAKEN PLACE ON THE PLATFORM.
18. Indemnity and Release:
You shall indemnify and hold harmless My
Local Adda, its owner, directors, licensee, affiliates, subsidiaries, and their
respective officers, proprietor, agents, and employees, etc. from any claim or
demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of Your breach of this Terms of
Use, Privacy Policy and other Policies/Terms, or Your violation of any law,
rules or regulations or the rights (including infringement of intellectual
property rights) of a third party.
You hereby expressly release My Local Adda
and/or its affiliates and/or any of its directors, officers and representatives
etc. from any cost, damage, liability or other consequence of any of the
actions/inactions of the vendors/service providers etc. and specifically waiver
any claims or demands that You may have in this behalf under any statute,
contract or otherwise.
19. Losses:
We will not be responsible for any business
loss (including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential loss
that is not reasonably foreseeable to both You and Us when You commenced using
the Platform.
20. Limitation of Liability:
In no event shall My Local Adda be liable for
any indirect, punitive, incidental, special, consequential damages or any other
damages resulting from:
1. the use or the inability to use the
Services Our Platform facilitates;
2. unauthorized access to or alteration of
the User's transmissions or data;
3. breach of condition, representations or
warranties related to display of new goods, second-hand goods; immovable
property for sell/purchase/rent; information provided by Directory; Pick up and
drop off Services by third party Delivery Partner on the Platform etc.);
4. any other matter relating to the services
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
Platform or Service. My Local Adda shall not be held responsible for
non-availability of My Local Adda during periodic maintenance operations or any
unplanned suspension of access to the My Local Adda. The User understands and
agrees that any material and/or data downloaded at My Local Adda is done
entirely at Users own discretion and risk and they will be solely responsible
for any damage to their mobile or loss of data that results from the download
of such material and/or data. To the maximum extend that is permissible under
law, My Local Adda shall not be liable for any dispute or disagreement between
Users.
Thus, It is to be noted by the Users that We
are just a displayer and facilitator which is providing a Platform where
sellers can sell new products by displaying their items on Platform and Buyers
can buy such products accordingly by viewing such products displayed by them on
the Platform; users can display their old/second-hand/pre-owned products on the
Platform which can be bought by users by viewing them, sellers can display any
immovable property or any immovable property be rented as well by displaying
the details of the same on the Platform and potential Buyers can buy such
immovable property and potential tenant can find suitable immovable property as
the case may be; service in which goods/items/packages can be picked up from
one location and dropped off to another location through third party Delivery
Partner; online directory can be accessed etc. Thus, We shall not be liable for
any breach of Terms of Use/ Privacy Policy or any law of land by the
Seller/Delivery Partners or any Service Provider who uses Our Platform to
fulfil User’s demands or any expectation. My Local Adda shall be under no
obligation if any damages occur or if any harm or injury of any type be it
financial or mental etc. is caused by any third party to Users or vice versa
while using Our Platform.
21. Termination:
My Local Adda may suspend or terminate Your
use of the My Local Adda or any Service if it believes, in its sole and
absolute discretion that You have infringed, breached, violated, abused, or
unethically manipulated or exploited any term of these Terms of Use or anyway
otherwise acted unethically. Notwithstanding anything in this clause, these
Terms of Use will survive indefinitely unless and until My Local Adda chooses
to terminate them.
a) If You or My Local Adda terminates Your
use of the Platform or any Service, My Local Adda may delete any content or
other materials relating to Your use of the Service and My Local Adda will have
no liability to You or any third party for doing so. However, Your transactions
details may be preserved by My Local Adda for purposes of tax or regulatory
compliance etc.
b) My Local Adda may unilaterally terminate
Your account on any event as mentioned in the Terms Of Use. Any credits or
reward points or coins etc. earned through different schemes and programs etc.
as conducted/organised by My Local Adda in this case shall be forfeited.
Further, any pending refunds etc. if any will be forfeited in such case as
well. However, Returns/Refund for such Users shall be at the sole discretion of
the Seller as the case may be.
c) If You use any false Mobile no. and e-mail
address or use the portal for any unlawful and fraudulent purposes, which may
cause annoyance and inconvenience and abuses any policy and rules of My Local
Adda or mislead My Local Adda by sharing multiple addresses and phone numbers
or transacting with malafide intentions then My Local Adda reserves the right
to refuse access to the portal, terminate accounts including any linked
accounts without notice to You.
22. Governing Law:
These terms shall be governed by and constructed
in accordance with the laws of India without reference to conflict of laws
principles and disputes arising in relation hereto shall be subject to the
exclusive jurisdiction of courts, tribunals, fora, applicable authorities at
Bikaner. The place of jurisdiction shall be in Bikaner.
23. Alteration of Service or Amendments to
the Condition:
We reserve the right to make changes to Our
Platform, Policies, and these Terms of Use at any time whenever We deem fit.
You will be subject to the Policies and Terms of Use in force at the time that
You use the Platform or You use the services displayed and facilitated to You
on My Local Adda Platform, unless any change to those Policies or these Terms
is required to be made by law or government authority (in which case it will
apply to orders previously placed by You). If any of these terms is deemed
invalid, void, or for any reason unenforceable, that term will be deemed
severable and will not affect the validity and enforceability of any remaining
terms.
24. Events beyond Our reasonable control
(Force Majeure):
We will not be held responsible for any delay
or failure to comply with Our obligations under these terms if the delay or
failure arises from any cause which is beyond Our reasonable control. This term
does not affect Your statutory rights.
Further, Seller shall be prevented from
effecting deliveries of the Goods or any of them by reason of either an act of
god, insurrection, riot, war hostilities, terror attacks, warlike operations,
piracy, arrests, pandemic, restraints or detainments by any competent
authority, strikes or combinations or lock- out of workmen, fire, floods,
droughts, earthquakes, permanent or temporary delay or inability to obtain
labor, material or services through Seller’s usual and regular sources, or any
other circumstances (whether of a nature similar to those specified, or not)
beyond the absolute control of the Seller, then, in each such cases, the
obligation of the Seller to effect deliveries hereunder shall be suspended
until after such prevention shall cease to continue. Should any deliveries
under this Contract be suspended under this clause as per the Selling policy of
the Seller– either party may withdraw from this Contract and be relieved from
any liability; provided however, that Buyer shall nevertheless accept delivery
and pay for such Goods once the Seller is able to deliver in accordance with
the period(s) of shipment named in this Contract or Selling Policy of the
Seller. Seller shall not be liable for, and be relieved from, any loss or
damages of any kind resulting from the causes mentioned herein above.
In case, the order has been generated and the
Delivery Partner of My Local Adda has picked up the product from Seller’s Shop
for effecting delivery to the Buyer and in between (before reaching the Buyer’s
destination) some events occur (mentioned in above paragraph) which are beyond
control of Delivery Partner, in such cases- if the amount of the same has
already been paid by the Buyer then such amount shall be refunded to him and
50% would be borne by the Seller and 50% would be borne by My Local Adda’s
Delivery Partner (only after examining situation of the event). In case, no
payment has been done by the Buyer to the Seller for the Product, under such
circumstances the product shall be delivered back to Seller (as the situation
mandates).
25. Waiver:
If You breach these Terms of Use and We take
no action, We will still be entitled to use Our rights and remedies in any
other situation where You breach these terms.
26. Payment:
Payment of goods and services by Buyer to
Seller after purchasing goods or availing services as the case may be is a
BIPARTITE CONTRACTUAL OBLIGATION BETWEEN SELLER AND BUYER. IT IS IMPORTANT TO
NOTE THAT MY LOCAL ADDA IS ONLY AN ONLINE FACILITATOR AND DISPLAYER OF SELLER’S
PRODUCTS ON ITS PLATFORM AND FACILITATES BUYER-SELLER ENGAGEMENT ON ITS
PLATFORM THUS IT HAS NO ROLE IN THE PAYMENT TRANSACTIONS BETWEEN SELLER AND
BUYER.
27. Programs and Schemes:
a) Gift-Coupon Wheel: Gift-Coupon Wheel is only
for Entertainment purpose and to increase User Engagement in Our Platform. It
is available for Shoppers and Sellers both.
b) Reward Points: These Reward Points are
based on User’s Engagement Behaviour, No. of Purchases on My Local Adda
Platform. The more User’s engagement and number of purchases, the more will be
User’s chance to gain these Reward Points. Further, at a given time (based on
User’s purchases on the Platform), these Reward Points will be converted into
Coins and Schemes which the User can use for his/her further purchases or
benefits on the Platform.
c) My Coupons: Coupons are generally
generated and provided by Seller of the Products. However, in many cases
Coupons upon qualifying Products may be provided by My Local Adda as well
according to its discretion.
Further the terms related to Coupons are as
follows:-
The coupon applies only to qualifying items
or Products displaying the coupon offer on the product detail page.
If You do not purchase the qualifying items
or Products added to to Your Cart, then the coupon will not be applicable and
discount will not be given to You.
If You return any of the items or products
purchased with a coupon, the coupon discount or value may be subtracted from
the return credit.
Applicable shipping and handling charges will
still apply to all the Products having coupon on them.
The coupon may only be used on My Local Adda
Platform.
My Local Adda has no obligation for payment
of any tax in conjunction with the distribution or use of any coupon.
Void where prohibited.
Coupons are void if restricted or prohibited
by law.
My Local Adda reserves all the right to
discontinue the coupon offer according to its discretion.
28. Severability:
If any provision of this Agreement is
unenforceable or invalid, this Agreement shall be interpreted and enforced to
the greatest extent possible as if the unenforceable provision or portion had
never been a part thereof.
29. Our Details:
My Local Adda is a brand owned and operated
by GSJ SHOWNSELL ONLINE PRIVATE LIMITED, a Company incorporated under the
Companies Act, 2013 having its Registered Office at “50 K, “Ratan Jatan Kutir”,
Banthia Chowk, Near Mohta Chowk, Bikaner, Rajasthan, 334001 India and Operational
Business Office at 344, Vijay Shopping Mall, Kotegate, Bikaner, Rajasthan
334001 India.
30. Contact Us:
Please contact Us at (+91-7230003072) for any
questions or comments or queries regarding this Platform.
31. Grievance Officer:
In accordance with Information Technology Act
2000 and other applicable rules, the name and contact details of the Grievance
Officer are provided below:
Mr. Mohit Banthia
My Local Adda
344, Vijay Shopping Mall, Kotegate, Bikaner,
Rajasthan 34001 India
Contact Us-
Email: gsjshownsell@gmail.com
Phone: +91-7230003072
Time: Mon - Sat (9:00 - 18:00)
PART B- TERMS OF SALE:
THESE TERMS OF SALE IS A LEGALLY BINDING
DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL
THE PRODUCTS BY LISTING AND DISPLAYING THE SAME ON THE PLATFORM AND BUYER HAS
ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON
THE PLATFORM. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER
UPON SELLER'S ADVERTISING, EXHIBITING AND DISPLAYING THE PRODUCT ON THE
PLATFORM, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING
TO PURCHASE THE PRODUCTS SO LISTED AND DISPLAYED BY THE SELLER. IT SHALL BE
NOTED THAT THESE TERMS OF SALE IS APPLICABLE TO ALL THE SELLERS.
In these Terms of Sale, a User who purchases
various Products (as defined below) from the Seller from the URL
www.mylocaladda.com including mobile site and mobile application under the name
and style "My Local Adda" (hereinafter called “Platform”) is referred
to as "Buyer" and “Shopper” as well and the Seller is referred to as
an individual or any legal entity who list, display, advertise, exhibit, offers
to sell, make available, market, sale and deliver any Products through the
Platform to the Buyer (referred to as "Seller"). These Terms of Sale
describe, inter alia, the terms of offer for sale/sale, acceptance of offer for
sale by Buyer and the purchase of goods and services "Products" or
“Items” through the Platform from the Seller. These Terms of Sale also contains
certain statements and disclaimers made by My Local Adda which shall be binding
on Buyer and Seller, as the case may be. In this “Terms of Sale”, “You” shall
mean “Buyer” sometimes and sometimes “Seller” as well as the context and
circumstances of the Terms demand. Sometimes both Buyer and Seller are
collectively referred to as "You" or “User” with its grammatical
variations and cognate expressions. Further, “We”, “Our” and “Us” here shall
mean “My Local Adda.”
Further, it is to be noted that words referring
to masculine include the feminine and the singular include the plural and vice
versa as the context admits or requires; and Words importing persons includes
individuals, bodies corporate and unincorporated.
PLEASE READ THESE TERMS OF SALE CAREFULLY
BEFORE LISTING/DISPLAYING ANY PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE
TERMS OF SALE ARE IN ADDITION TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY,
TERMS OF USE AND ALL OTHER POLICIES OF THE PLATFORM. FURTHER, SELLER IS
MANDATORILY REQUIRED TO READ AND ACCEPT SELLER TERMS OF USE AS WELL WHICH SETS
OUT THE TERMS AND CONDITIONS OF SELLER TO LIST OR DISPLAY THEIR PRODUCTS/ITEMS
ON MY LOCAL ADDA PLATFORM. SELLER TERMS OF USE STIPULATES RELATIONSHIP OF MY
LOCAL ADDA WITH SELLER AND INCLUDES ALL THE TERMS AND CONDITIONS THAT HE NEEDS
TO FOLLOW TO LIST OR DISPLAY HIS PRODUCTS ON MY LOCAL ADDA PLATFORM. IF A
SELLER DOES NOT AGREE WITH THESE TERMS OF SALE ALONG WITH SELLER TERMS OF USE,
PLEASE DO NOT LIST OR AGREE TO DISPLAY OR MAKE ANY OFFER FOR SALE OF ANY
PRODUCTS ON THE PLATFORM AND IF A BUYER DOES NOT AGREE TO THESE TERMS OF SALE
AND ADDITIONAL TERMS OF SALE, PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT
LISTED ON THE PLATFORM.
BY CLICKING ON THE "I ACCEPT" BUTTON,
YOU ACCEPT THIS TERMS OF SALE AND AGREE TO BE LEGALLY BOUND BY THE SAME.
These Terms of Sale are subject to revision
at any time and hence both Buyers and Sellers are requested to carefully read
these Terms of Sale from time to time before listing or displaying any Product
or before making any purchase of the Products. The revised Terms of Sale shall
be made available on the Platform. If such a facility is provided, You may
determine when these Terms of Sale were last modified by referring to the "Last
Updated" legend provided above.
You are requested to regularly visit the
Platform to view the most current Terms of Sale. It shall be Your
responsibility to check these Terms of Sale periodically for changes. Your
continued use of the Platform following such changes and modifications to the
Platform or these Terms of Sale will constitute Your acceptance of such changes
or modifications.
1. Registration Eligibility:
a) Transaction on the Platform is available
only to persons who can form legally binding contracts under Indian Contract
Act, 1872. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including un-discharged insolvents
etc. or the User who is suspended and blocked by My Local Adda from accessing
the Platform for any reason whatsoever are not eligible to use the Platform.
b) My Local Adda reserves the right to refuse
access to the Platform, at any time to new Users or to terminate or suspend
access granted to existing Users at any time without according any reasons for
doing so.
c) If You are a minor i.e. under the age of
18 years, You may use the Platform or access content on the Platform only under
the supervision and prior consent/ permission of a parent or legal guardian.
d) As a minor, if You wish to buy on the
Platform, such transaction on the Platform may be made by Your legal guardian
or parents. We reserve the right to terminate Your registration and/ or refuse
to provide You with access to the Platform if it is brought to Our notice or if
it is discovered that You are under the age of 18 years and transacting on the
Platform.
e) You shall not have more than one active
Account on the Platform. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your Account to another party or
impersonating any other person for the purposing of creating an account with
the Platform.
2. Registration/Your Account:
a) In order to use the Platform and avail My
Local Adda Services, You will have to register on the Platform and create an
account with a unique user identity and password ("Account"). If You
are using the Platform on a compatible mobile or tablet, You will have to
install the application and then proceed with registration. You will be
responsible for maintaining the confidentiality of the Account information, and
are fully responsible for all activities that occur under Your Account. You
agree to (i) immediately change your password by using “Forgot your password”
if you suspect any unauthorized use of Your Account information or any other
breach of security, and (ii) [ensure that You exit from Your Account at the end
of each session.] My Local Adda cannot and will not be liable for any loss or
damage arising from Your failure to comply with this provision. You may be held
liable for losses incurred by My Local Adda or any other User of or visitor to
the Platform due to authorized or unauthorized use of Your Account as a result
of Your failure in keeping Your Account information secure and confidential.
Use of another User’s Account information for using the Platform is expressly
prohibited.
b) You as a Buyer or Shopper shall be
permitted to access the Platform, avail My Local Adda Services and connect with
Sellers and Delivery Partners on the Platform only upon creating an Account and
obtaining a registration on the Platform. Similarly, as a Seller, if You want
to list or display Your Products on My Local Adda Platform, You require to
register on Our Platform as Seller. Your ability to continue using the
Platform, My Local Adda Services is subject to Your continued registration on
the Platform. You will be required to enter Your personal information including
Your name, contact details, valid phone number, address etc. while registering
on the Platform (as asked by Us). As a part of the registration, You may be
required to undertake a verification process to verify Your personal
information and setting up the Account.
c) My Local Adda shall have the right to
display the information, feedback, ratings, reviews etc. provided by You on the
Platform. You agree and accept that as on the date of Your registration on the
Platform, the information provided by You is complete, accurate and up-to-date.
In the event of any change to such information, You shall be required to
promptly inform My Local Adda of the same. My Local Adda shall in no way be
responsible or liable for the accuracy or completeness of any information
provided by You. If You provide any information that is untrue, inaccurate, not
current or incomplete, or My Local Adda has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, My Local
Adda reserves the right to suspend or terminate Your Account and refuse any and
all current or future use of the Platform (or any portion thereof) at any time.
3. Buying/Selling Services:
I. The Platform provides You with the
following services in connection with Buying and Selling:
1. It allows Buyer to Connect with the Seller
and Seller with the Buyer;
2. It allows Buyer to view the Products/items
listed or displayed on the Platform by the Seller;
3. It allows You to purchase Products/Item(s)
from the Sellers listed or displayed on the Platform and allows You to get the
Products/Items delivered to You through Delivery Partners/Sellers ("Purchase
Services");
4. It allows You to give ratings, write
comments and reviews about Delivery Partners and Sellers;
5. It facilitates improvement in the quality
of the services provided by My Local Adda on the Platform based on User
ratings, reviews and feedbacks provided on the Platform;
6. Once the order is generated and Our
Delivery Partner is ready to pick-up Your Product from the Seller to drop-off
the same on Your location, Our Delivery Boy will intimate You about his arrival
and will take Your confirmation regarding Your address and other details;
7. My Local Adda may, at its absolute sole
discretion, add, modify, upgrade, extend, withdraw or alienate any of the My
Local Adda Services listed above from time to time. My Local Adda does not
provide any guarantee to You that My Local Adda Services will be made available
to You at all times;
8. You hereby agree and acknowledge that My
Local Adda is only a facilitator and displayer of the listings/ items as
displayed by the Seller on the Platform and does the work of bridging the gap
between the Buyers, Sellers and Delivery Partners (as the case maybe). My Local
Adda only provides You with access to the Platform to connect with each other
to initiate transactions on the Platform. You hereby agree and acknowledge that
My Local Adda will not be a party to any of the transactions that are initiated
by You through the Platform and My Local Adda shall not be liable in any manner
or incur any liability with respect to the services performed by the Sellers or
the Delivery Partners, as the case may be.
9. Further, You hereby agree and acknowledge
that My Local Adda shall not be liable for the conduct, acts and omissions of
the Sellers (including their employees and consultants) and Delivery Partners
in the course of providing their services to the Buyers, or for any loss or
damage to the Item or otherwise caused to You as a consequence of or in
relation to the services being provided to You by the Sellers or the Delivery
Partner, as the case may be.
10. In case of Purchase Services, it is the
duty of the Sellers to share the updated Item list along with its prices on the
Platform. My Local Adda shall not be responsible for any inaccurate Item
listing on the Platform. Further, You hereby agree and acknowledge that for
certain Items (Items that are perishable in nature or Item whose price varies
periodically), it may not be possible for the Sellers to list out the exact
price or prices of such Items on the Platform all the time. It is to be noted
that prices of such Items may vary according to the time.
11. You shall not initiate any transaction
for any Item on the Platform which is illegal, immoral, unethical, unlawful,
unsafe, contains harmful substance and is in violation of Terms of Use and
applicable laws. You are requested to read “Terms of Use” to understand the
Prohibited Actions/Conduct of User and other details. You specifically agree
that You shall not initiate any transaction on the Platform for the purchase or
delivery of any alcoholic beverages, narcotic drug or psychotropic substance,
etc. Further, You hereby acknowledge and agree that My Local Adda shall not be
liable for any indirect, direct damage or loss, cost, expense incurred by You
in relation to the transactions initiated by You on the Platform.
12. It is not obligatory for My Local Adda to
check or verify the packages that are being delivered to You by the Delivery
Partner, and therefore My Local Adda shall have no liability with respect to
the same. However, if it comes to the knowledge of My Local Adda that You have
packaged any illegal or dangerous substance or prohibited item, My Local Adda
shall have the right to report You to the government authorities and take other
appropriate legal actions against You apart from blocking/suspending and
terminating Your Account.
13. You hereby acknowledge that My Local Adda
shall not be liable for any damages of any kind arising from Your use of the My
Local Adda Services, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages.
14. My Local Adda shall be entitled at any
time without giving You any reason to terminate Your request for any My Local
Adda Service.
15. You hereby agree that My Local Adda shall
not be liable for any conduct or misbehaviour or actions of Delivery Partner
with respect to any transactions initiated on the Platform. Further, You agree
that My Local Adda has no control over the Items provided to You by the Sellers
and therefore, My Local Adda shall not incur any liability with respect to such
Items. However, keeping in mind the interests of the Buyers, We have informed
Our Sellers to ensure that Items are packaged properly to avoid any form of
spillage or damage to the Item or any issues related to packaging.
16. You hereby agree that scheduling and
rescheduling a transaction on the Platform depends upon the availability of
Delivery Partners around Your area at the time of such scheduling and
re-scheduling a transaction. You should choose to reschedule a transaction on
the Platform at a later point of time, You shall cancel the current transaction
on the Platform (if initiated) and initiate a new transaction on the Platform,
as per Your convenient time.
17. If a transaction initiated by You on the
Platform cannot be completed, My Local Adda shall notify You on the Platform.
18. You agree to provide as much information
as possible on the Platform with respect to the Items/services You wish to
purchase/avail, using the Platform.
19. My Local Adda shall use Your location
based information that is captured by My Local Adda through global positioning
system when You are using Your mobile device to request My Local Adda Service
on its mobile-app. Such location based information shall be used by My Local
Adda only to facilitate and improve My Local Adda Services being offered to
You.
20. We can’t fulfil any tasks which are
immoral or unlawful in nature. My Local Adda reserves the right to refuse to
perform any tasks on the grounds of such tasks being
immoral/unethical/unlawful/banned either by My Local Adda’s internal policies
or as per the independent discretion of My Local Adda. My Local Adda may also
refuse to perform any task on the grounds that such task is prohibited under
any contract to which we are party or prohibited by any law of India.
21. You understand and acknowledge that My
Local Adda by itself does not sell or provide any such Products/Items. My Local
Adda is not responsible for the quality, merchantability or fitness of such
Items. Accordingly, in the event of any grievances arising from the transaction
initiated by You on the Platform pertaining to purchase or sale of any product
from any Seller, You may directly contact the Seller or Buyer as the case may
be. Although, in case you need any assistance from My Local Adda’s support
team, you can contact us as well for the same. However, My Local Adda shall not
be any party to redress your grievance as My Local Adda is just a platform and
online facilitator of Seller- Buyer engagement.
22. You hereby acknowledge that if You have
any complaint with respect to the My Local Adda Services, You will first inform
My Local Adda in writing within 24 (twenty four) hours of using such My Local Adda
Services and would send to gsjshownsell@gmail.com.
II. Platform for Laundry
Laundry Houses & Services Classification
Our laundry services are provided through different categories of houses,
depending on their size and service capacity:
- Mini Houses: R1 Services, LK Services
- Big Houses: GSJ Company, Mangalvaani Enterprises
Based on the type of house, the nature and range of laundry services provided
may vary. Customers acknowledge that allocation of their orders to a particular
house is subject to operational feasibility, capacity, and service
availability.
By availing of our laundry services,
customers acknowledge that they have read, understood, and agreed to these
terms and conditions in their entirety.
1. The pricing for designer wear will be
determined individually, taking into account the intricacy of the garment. This
information will be conveyed to the customer after our expert at the processing
center has assessed it.
2. We thoroughly inspect each garment upon
receipt at our warehouse and promptly inform the customer of any observed
damage. Nevertheless, we cannot guarantee that every instance of damage will be
identified prior to processing.
3. All garments, linens, or fabrics are
treated with the utmost care. However, due to the condition of the items or
undetectable defects in the material, there is a potential risk of
discoloration or shrinkage. Therefore, garments with such characteristics are
cleaned at the owner's risk, and the company assumes no responsibility for any
resulting issues.
4. If the customer cannot tolerate the loss
of any garment, we kindly request that they refrain from leaving it in our
care.
5. In the event of any loss, misplaced or if
a garment is mistakenly torn, the Company may reimburse up to 10 times the
product's service charge, with a maximum cap of Rs 1000/-, provided the
customer will furnish the original purchase bills for the affected items.
However, if the article is older than 12 months, the Company will not be able
to proceed with any reimbursement.
6. If the customer is notified that their
order is "Ready to collect" but fails to collect it within 3 days,
the Company will not be held responsible for any issues or deterioration of the
items thereafter.
7. The Company is not liable for any loss or
damage caused by natural events or unforeseen circumstances, such as floods,
earthquakes, or heavy rains. For instance, if garments are delayed or damaged
due to weather conditions beyond our control, the Company will not be
responsible for any resulting issues.
8. Customers are kindly asked to inspect the
articles upon delivery and notify the delivery personnel of any missing items.
The company cannot be held responsible for any claims regarding missing
articles once the delivery has been accepted and signed for by the customer.
9. Customers must provide accurate and
complete instructions for laundry service requests. Orders are confirmed upon
receipt of payment or as otherwise agreed upon between the parties.
10. The Company guarantees the quality of its
laundry services. If customers are dissatisfied with the service provided, they
must notify the Company within 24 hours, and reasonable efforts will be made to
rectify the issue.
11. The Company shall not be liable for any
failure or delay in the performance of its obligations under these terms and
conditions due to circumstances beyond its reasonable control, including but
not limited to acts of nature, labor disputes, or government regulations.
12. The company will endeavor to maintain a
high standard of quality in its washing, drying, and folding services through
reasonable efforts.
13. Due to time constraints, the company does
not routinely review manufacturer-recommended care instructions or
washing/drying labels. Therefore, the company cannot be held responsible for
garments labeled as "hand wash only" or "dry clean only."
14. While the Company exercises due care in
handling garments, it shall not be liable for any damage resulting from
pre-existing conditions, improper garment care instructions provided by the
customer, or normal wear and tear. The company retains the right to decline
cleaning any garment at its discretion.
15. While stain removal is a standard part of
our process, we cannot guarantee the complete removal of stains. Any attempts
at stain removal will be undertaken at the customer's risk.
16. Customers may receive regular updates
(via calls, SMS, email, or app notifications) from the company, which may
include transactional and marketing communications. If a customer wishes to opt
out of these updates, they must submit a request to the Customer Care
Department of the company.
17. No deductions will be made from the
billed amount, nor can any claims be initiated for delays.
18. Dry-Clean Only Items: If your product is
categorized under "Wash & Fold" or "Wash & Iron"
but can only be processed through dry cleaning, we will inform you about this.
If you agree, we will proceed with dry cleaning for the item. Otherwise, the
item will be returned to you as we cannot process it under "Wash &
Fold" or "Wash & Iron.
These terms and conditions shall be governed
by and construed in accordance with the laws of Bikaner Jurisdiction. Any
disputes arising out of or relating to these terms and conditions shall be
subject to the exclusive jurisdiction of the courts of Bikaner..Some
process/items may require additional period to process.
The above mentioned information is liable to
change at any time without any prior notice. Company shall not be liable for
any loss incurred.
Payment terms:-
1. Company does not provide printed bills,
and invoices will be display on your order list at My Local Adda App.
2. Customers will be charged shipping fees
based on their selected delivery slot and the average order value.
3. We accept UPI and Cash on Delivery (COD)
payments. Card and cheque payments are not accepted.
Cancellation/ Refund policy:-
1. Any extra amount paid by customer for
retail order can be refunded by the company if customer asks.
2. User can cancel at any time before their
item pick-up. No cancellation charges will be levied. Once order is processed,
order can’t be cancelled.
III. Platform for Pharmaceutical
Products/Medicines:
1. Through the Platform, My Local Adda
facilitates the purchase of drugs and other pharmaceutical products, and
services as well offered for sale by Third Party Pharmacies or Medical Stores
(“Pharmaceutical Goods and Services”). You understand and agree that My Local
Adda is merely providing hosting and displaying services to You and persons
browsing / visiting the Platform. All items offered for sale on the Platform,
and the content made available by the Third Party Pharmacies, are third party
user generated contents and third party products. My Local Adda has no control
over such third party user generated contents and/ Pharmaceutical/Medical Goods
and Services and does not - originate or initiate the transmission, or select
the sender/recipient of the transmission, or the information contained in such
transmission. The authenticity and genuineness of the Pharmaceutical/Medical
Goods and Services made available by the Third Party Pharmacies/Medical Stores
through the Platform shall be the sole responsibility of the Third Party
Pharmacies. You understand and agree that My Local Adda shall have no liability
with respect to the authenticity of the Pharmaceutical/Medical Goods and
Services being facilitated through the Platform.
2. You understand and agree that all
commercial / contractual terms, with respect to the sale/ purchase/ delivery
and consumption of the Pharmaceutical/Medical Goods and Services are offered by
and agreed to between You and the Third Party Pharmacies/Medical Stores and the
contract for purchase of any of the Pharmaceutical Goods and Services, offered
for sale on the Platform by the Third Party Pharmacies/Medical Stores shall
strictly be a bipartite contract between the Third Party Pharmacies/Medical
Stores and You.
3. The commercial / contractual terms include
without limitation - price, shipping costs, payment methods, payment terms,
date, period and mode of delivery, warranties and other things related to
Pharmaceutical/Medical Goods and Services offered for sale by the Third Party
Pharmacies, and after sales services related to such Pharmaceutical/Medical
Goods and Services. My Local Adda does not have any control over, and does not
determine or advise or in any way involve itself in the offering or acceptance
of, such commercial/contractual terms offered by and agreed to, between You and
the Third Party Pharmacies/Medical Stores.
4. It is mandatory for all the third party
Pharmacies and Medical Stores to obtain license for the same and upload it on
My Local Adda’s application. They shall be entitled to list or display
Pharmaceutical/Medical Goods and Services on the Platform only when they have
obtained License of selling the same. Further, all the Pharmacies and Medical
Stores shall compulsorily follow all the government rules and regulations which
are applicable to them to list/display Pharmaceutical/Medical Goods and
Services and would be required to deliver such Pharmaceutical/Medical Goods and
Services to Buyer only after receiving the Prescription of Doctor from them.
IT IS TO BE NOTED THAT MY LOCAL ADDA SHALL
ONLY PROVIDE A PLATFORM TO THESE PHARMACIES AND MEDICAL STORES TO
SUPPLY/LIST/SHOW THEIR PHARMACEUTICAL/MEDICAL GOODS AND SERVICES ON ITS
PLATFORM AND EXPECTS THAT THESE PHARMACIES AND MEDICAL STORES WILL FOLLOW ALL
THE GOVERNMENT AND MY LOCAL ADDA RULES AND REGULATIONS WHICH THEY NEED TO
FOLLOW. IN NO EVENT, MY LOCAL ADDA SHALL BE HELD LIABLE OR RESPONSIBLE FOR ANY
DISCREPANCY ON THEIR PART AND THUS WOULD NOT BE HELD LIABLE FOR THE SAME TO
EITHER PARTY IN ANY SITUATION.
4. Offer and Acceptance of the Product:
The Seller hereby makes an offer to sell the
Products by listing or displaying it on the Platform and the Buyer upon
agreeing to purchase the Products so listed or displayed by the Seller.
ACCORDINGLY, THE CONTRACT FOR SALE OF THE PRODUCT IS A BIPARTITE CONTRACT
BETWEEN BUYER AND THE SELLER. MY LOCAL ADDA IS NOT A THIRD PARTY BENEFICIARY
UNDER SUCH BIPARTITE CONTRACT. IT SHALL BE NOTED THAT MY LOCAL ADDA IS JUST A
FACILITATOR AND DISPLAYER OF LISTINGS OF ALL THE INDIVIDUALS OR ORGANISATIONS
OR ANY LEGAL ENTITY WHO HAS AGREED TO DISPLAY, LIST, ADVERTISE, EXHIBIT, OFFERS
TO SELL, MAKE AVAILABLE, MARKET, SALE AND DELIVER ANY PRODUCTS THROUGH THE
PLATFORM TO THE BUYER OR SHOPPER. The Buyer understands and agrees that the
offer for sale of the Product by the Seller is not an absolute or an
un-conditional offer. Such offer to sale by the Seller is subject to repudiation
by the Seller at any time before the delivery of the Product to the Buyer and
without any obligation to assign or provide any reason for such repudiation and
without any consent from the Buyer and without any liability or any obligation
towards the Buyer. The Seller and Buyer understand and agree that My Local Adda
has the right to cancel any sale transaction, listing or acceptance (i) for any
reason in accordance with the Seller Terms of Use, these Terms of Sale,
Platform Terms of Use, Privacy Policy or under any contract or policy between
My Local Adda on one hand and the Seller or the Buyer on the other hand, or
(ii) under an order or instruction from any statutory, quasi-judicial or
judicial authority. (iii) in accordance with the discretion of My Local Adda.
5. Your Information:
You are solely responsible for and in control
of the information You provide to Us. Compilation of Your Accounts and Your
Account bearing contact number and e-mail addresses are owned by My Local Adda.
Further, You understand and agree that certain information will be case
sensitive and must be handled with a prudent care.
In the case where the Platform is unable to
establish unique identity of Your Account against a valid mobile number or
e-mail address, the Account shall be indefinitely suspended. My Local Adda
reserves the full discretion to suspend a Your Account in the above event and
does not have the liability to share any Account information whatsoever.
6. Product(s):
My Local Adda is not liable for any infringement
of intellectual property rights arising out of materials posted on or
transmitted through the Platform, or items advertised/listed/displayed on the
Platform, by end-users or any other third parties. Though, My Local Adda
respects the intellectual property rights of all the entities. If You believe
that Your intellectual property rights have been violated in any manner, please
reach out to Our legal department on gsjshownshell@gmail.com and submit Your
complaint by filling this notice/form for claim of IP Infringement. My Local
Adda shall endeavour to delete that listing from the Platform. Any incomplete
or improper details regarding infringement of the intellectual property rights
may not be considered. FURTHER, IT IS TO BE NOTED THAT MY LOCAL ADDA IS UNDER
NO OBLIGATION TO TAKE ACTION OR INITIATE ANY CIVIL/CRIMINAL PROCEEDING AGAINST
THE PERSON OR ORGANISATION WHO INFRINGES IP RIGHT OF ANY PERSON/ORGANISATION.
MY LOCAL ADDA ON BEING SATISFIED WITH THE CLAIM OF PERSON/ORGANISATION
REGARDING HIS IP INFRINGEMENT THROUGH THE NOTICE/FORM OF CLAIM SHALL DELETE
SUCH LISTING OR ADVERTISEMENT OF PRODUCT. HOWEVER TAKING ACTION/INITIATING ANY
CIVIL/CRIMINAL PROCEEDING AGAINST SUCH PERSON/ORGANISATION SHALL ENTERILY BE
UPON DISCRETION OF MY LOCAL ADDA. IT IS TO BE NOTED THAT IF YOUR CLAIM PROVES
OUT TO BE FALSE AND INACCURATE THEN MY LOCAL ADDA HAS ALL THE AUTHORITY TO TAKE
ACTION AGAINST YOU.
The availability of the Product under the
offer to sell is subject to change without notice prior to the purchase of the
Product by the Buyer. However, there may be circumstances where the Product may
not be available to be delivered to the Buyer after the purchase transaction.
In such an event, Seller may cancel or instruct My Local Adda to cancel such
purchase transaction without any recourse to Buyer and without any liability to
the Seller or to My Local Adda. If Buyer's order is so cancelled, after the
payment has been processed, the said amount will be reversed / remitted to the
Buyer either to the bank account provided by the Buyer for such reversal, or to
the payment instrument of the Buyer from which payment was made, or to any
pre-paid payment instrument account of the Buyer as agreed between Buyer and
Seller.
With respect to the sale of Product by Seller
to the Buyer, the Seller hereby represents and warrants to the Buyer that:
Seller has the right to display and list
Products so that Buyer can buy it on or through the Platform;
Buyer shall enjoy possession of the Products;
Products shall be free from any charge or encumbrance
in favour of third party;
Buyer shall be entitled to all the warranties
and other collaterals applicable to the Product or as generally made available
by the manufacturer or Seller of the Product;
Product shall meet the description and
specifications as provided on the Platform.
7. Order acknowledgment:
When an Order is placed by Buyer to purchase
a Product through Our Platform, the notification of the same is sent to the
Seller of the respective Product. The Seller has all the right to accept and
reject (as the case may be) the said Order within reasonable time and then the
message or notification of acceptance or rejection of the Order by the Seller
will be sent to the Buyer and when the Product will be ready to pick up from
Seller’s establishment - Delivery Partner will receive notification of the same
who will deliver the consignment from the Seller to the Buyer’s place. (If
Seller chooses My Local Adda’s Delivery Partner)
8. Pricing Information:
The Selling Price of the Product is subject
to change without notice prior to the purchase of the Product by the Buyer. The
Selling Price is provided on the Platform on 'as is' basis as provided by the
Seller. Due to technical reasons there may be errors in Selling Price which may
be corrected by the Seller at any time and any acceptance of offer of sale by the
Buyer of the Products subject to such faulty Selling Price shall, subject to
discretion of the Seller, not be a valid acceptance and such transaction can be
avoided by the Seller.
9. Delivery of the Product:
Delivery of the ordered Products shall be undertaken
either by Seller’s Delivery Partner or by Our Delivery Partner as chosen by
Seller.
a) In the presence of Delivery Partner,
Seller shall pack the Product (the order of which has been generated through My
Local Adda Platform). It shall be the duty of Delivery Partner as well to check
that whether the consignment is in accordance with the order generated by Buyer
and descriptions and specifications of the good or not. The risk of any damage,
loss or deterioration of the Products during the course of delivery or during
transit shall be on the Seller and not on the Buyer. It shall be noted that
Seller represent and warrant that the Products being delivered are not faulty
and are exactly those Products which are listed and advertised by Seller on the
Platform and purchased by the Buyer and meet all descriptions and
specifications as provided on the Platform.
b) Buyer's shipping address, pin code will be
verified with the database of Platform before a Buyer proceed to pay for
Buyer's purchase. In the event Buyer's order is not serviceable by the Delivery
Partner or by Seller or the delivery address is not located in an area that is
covered under the order confirmation form, Buyer may provide an alternate
shipping address on which the Product can be delivered by the Delivery Partner
by the Seller.
c) Please note that there is no guaranteed
dispatch time and any information about the dispatch time is estimate only and
should not be relied upon as such. Therefore, time is not the essence of the
bi-partite contract between the Buyer and the Seller for purchase and sale of
Product on or through the Platform. However, the Product shall not be delivered
to the Buyer unless the Buyer makes the payment of the purchase of Product.
d) Buyer shall be bound to take delivery of
the Products purchased by the Buyer that are said to be in a deliverable state.
Where Buyer neglects or refuses to accept the delivery of the Products ordered
by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and
can further be liable to My Local Adda for any loss of any fee or charges that
My Local Adda and its third parties shall have earned from the Seller if such
delivery or transaction should have been completed (depends upon My Local
Adda’s discretion). Buyer acknowledges that such damages or loss to My Local
Adda and its third parties are not consequential or indirect.
e) The title in the Products and other rights
and interest in the Products shall directly pass on to the Buyer from Seller
upon delivery of such Product and upon full payment of price of the Product.
Upon delivery, the Buyer is deemed to have accepted the Products. The risk of
loss shall pass on to the Buyer upon delivery of Product.
10. Payment:
Payment of goods and services by Buyer to
Seller after purchasing goods or availing services as the case may be is a
BIPARTITE CONTRACTUAL OBLIGATION BETWEEN SELLER AND BUYER. IT IS IMPORTANT TO
NOTE THAT MY LOCAL ADDA IS ONLY AN ONLINE FACILITATOR AND DISPLAYER OF SELLER’S
PRODUCTS ON ITS PLATFORM AND FACILITATES BUYER-SELLER ENGAGEMENT ON ITS
PLATFROM THUS IT HAS NO ROLE IN THE PAYMENT TRANSACTIONS BETWEEN SELLER AND
BUYER.
11. Compliance with Laws:
Buyer and Seller shall comply with all the
applicable laws (including without limitation Foreign Exchange Management Act,
1999 and the rules made and notifications issued there under and the Exchange
Control Manual as may be issued by Reserve Bank of India from time to time,
Customs Act, Information and Technology Act, 2000 as amended by the Information
Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and
the rules made there under, Foreign Contribution Regulation Act, 1976 and the
rules made there under, Income Tax Act, 1961 and the rules made there under,
Export Import Policy of government of India) applicable to them respectively
for using Payment Facility and My Local Adda Platform.
12. Return/ Exchange/ Cancellation of
Products:
Return/Exchange/Cancellation of Products
shall be depended upon Return Policy/Exchange Policy/Cancellation Policy of
every Seller. It is to be noted that while uploading respective Product on My
Local Adda Platform, Seller is required to fill details regarding
Return/Exchange/Cancellation ability of the said Product, thus My Local Adda
has no control over Seller’s Return Policy, Exchange Policy and Cancellation
Policy. However, the Product shall be Returned or Cancelled if the said sold
product of the Seller turns out be-
Defective
Damaged
Irrelevant
Not original (duplicate)
Different in Size
Packaging/Box founds out be already opened
Ordered by mistake
Not good enough in terms of Expected Quality
Further, in case if Address of the Buyer is
invalid, Goods are out of stock, Customer denied receiving the Product or if
the Buyer found out the cheaper price of the same Product then under such
conditions as well the Products can be returned or cancelled.
Any other reason that mandates
return/exchange and cancellation of the sold product
Further, if perishable products/food products
turns out to be spoiled, damaged, decayed, deteriorated, destroyed or different
from its original form due to mistake of Our Delivery Partner and Buyer doesn’t
accept it then the price of such product shall be refunded to the Buyer, and
80% of the amount of such product shall be borne by My Local Adda’s Delivery
Partner and will be paid to the Seller (only after examining the situation with
its sole discretion).
13. Taxes:
You as a Buyer shall be responsible for
payment of all fees/costs/charges associated with the purchase of product
including all the applicable taxes, duties cesses etc.
14. Children:
Use of My Local Adda is available only to
persons who can form a legally binding contract under the Indian Contract Act,
1872. If You are a minor i.e. under the age of 18 years, You may purchase only
with the involvement of a parent or guardian.
15. Communications:
When you visit My Local Adda, You are
communicating with Us electronically. You will be required to provide Your
Personal and Communication details while placing an order with Us. We may
communicate with You by e-mail, SMS, phone call or by posting notices on the
Platform or by any other mode of communication. For contractual purposes, You
consent to receive communications including SMS, e-mails or phone calls from Us
with respect to Your order.
16. Losses:
We will not be responsible for any business
loss (including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential loss
that is not reasonably foreseeable to both You and Us.
17. Governing Law:
These Terms of Sale shall be governed in
accordance with the laws of India without reference to conflict of laws
principles and disputes arising in relation hereto shall be subject to the
exclusive jurisdiction of courts, tribunals, fora, applicable authorities at
Bikaner. The place of jurisdiction shall be in Bikaner. Further, You acknowledge
that these Terms of Sale are solely for Your benefit. It is not for the benefit
of any other person, except for Your successors and permitted assigns.
18. Waiver:
If You breach these Terms of Sale and We take
no action, We will still be entitled to use Our rights and remedies in any
other situation where You breach these terms.
19. Events beyond Our reasonable control
(Force Majeure):
Seller shall be prevented from effecting
deliveries of the Goods or any of them by reason of either an act of god, insurrection,
riot, war hostilities, terror attacks, warlike operations, piracy, arrests,
pandemic, restraints or detainments by any competent authority, strikes or
combinations or lock- out of workmen, fire, floods, droughts, earthquakes,
permanent or temporary delay or inability to obtain labor, material or services
through Seller’s usual and regular sources, or any other circumstances (whether
of a nature similar to those specified, or not) beyond the absolute control of
the Seller, then, in each such cases, the obligation of the Seller to effect
deliveries hereunder shall be suspended until after such prevention shall cease
to continue. Should any deliveries under this Contract be suspended under this
clause as per the Selling policy of the Seller– either party may withdraw from
this Contract and be relieved from any liability; provided however, that Buyer
shall nevertheless accept delivery and pay for such Goods once the Seller is
able to deliver in accordance with the period(s) of shipment named in this Contract
or Selling Policy of the Seller. Seller shall not be liable for, and be
relieved from, any loss or damages of any kind resulting from the causes
mentioned herein above.
In case, the order has been generated and the
Delivery Partner of My Local Adda has picked up the product from Seller’s Shop
for effecting delivery to the Buyer and in between (before reaching the Buyer’s
destination) some events occur (mentioned in above paragraph) which are beyond
control of Delivery Partner, in such cases- if the amount of the same has
already been paid by the Buyer then such amount shall be refunded to him and
50% would be borne by the Seller and 50% would be borne by My Local Adda’s
Delivery Partner (only after examining situation of the event). In case, no payment
has been done by the Buyer to the Seller for the Product, under such
circumstances the product shall be delivered back to Seller (as the situation
mandates).
20. Disclaimer:
MY LOCAL ADDAL'S ROLE IS THAT OF A DISPLAYER
AND FACILITATOR AND IS LIMITED TO MANAGING THE PLATFORM TO ENABLE SELLER TO
EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND
TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL
SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS.
ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE
CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL MY LOCAL ADDA HAVE ANY
OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL MY LOCAL ADDA
HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND
INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY
ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE
HAND AND MY LOCAL ADDA ON THE OTHER HAND.
MY LOCAL ADDA DOES NOT CONTROL, ENDORSE OR
ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT
CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE PLATFORM OR ANY LINKED
SITES. MY LOCAL ADDA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT,
AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR
PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILITY, FITNESS OF A
PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH
SUCH THIRD PARTIES ARE AT BUYER'S OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO
SELLER'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND MY
LOCAL ADDA DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. MY LOCAL ADDA ALSO
DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
MY LOCAL ADDA SPECIFICALLY DISCLAIMS ANY
LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS,
DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM
THE SELLER AND MY LOCAL ADDA SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT
PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER
SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
My Local Adda is in no way responsible or
liable for the offer for sale or sale of the Product by the Seller to the
Buyer, its delivery, the warranty terms (if any) related to the Product and the
return, refund or cancellation of purchase of any Products.
My Local Adda does not warrant that the sale
price provided by the Seller of the Product is accurate, proper and valid. Any
error in the sale price shall be solely attributed to the Seller and not to My
Local Adda. Prices, Product description and availability of the Product are
Seller's responsibility.
Buyer expressly acknowledges that the Seller
selling the defective Product will be responsible to Buyer for any claims that
Buyer may have in relation to such defective Product and My Local Adda shall
not in any manner be held liable for the same.
My Local Adda shall not assume any liability
for the non-availability of the Product, delivery of the Product directly by
the Seller and the installation of the Product where required.
21. Indemnity:
You shall indemnify and hold harmless My
Local Adda its owner, licensee, affiliates, subsidiaries, group companies (as
applicable) and their respective proprietor, officers, directors, agents, and
employees from any claim, demand, or actions including reasonable attorneys'
fees made by any third party or penalty imposed due to or arising out of Your
breach of the Terms of Sale, Seller Terms of Use , Privacy Policy, other Terms
and Policies or Your violation of any law, rules, regulations or the rights
(including infringement of intellectual property rights) of a third party.
22. Severability:
If any provision of this Agreement is
unenforceable or invalid, this Agreement shall be interpreted and enforced to
the greatest extent possible as if the unenforceable provision or portion had
never been a part thereof.
23. Buy and Sale in India only:
Unless otherwise specified, the material on
the Platform is presented solely for the purpose of buy and sale in India. My
Local Adda makes no representation that the material on the Platform is
appropriate or available for use in other locations/countries other than India.
24. Our Details:
My Local Adda is a brand owned and operated
by GSJ SHOWNSELL ONLINE PRIVATE LIMITED, a Company incorporated under the
Companies Act, 2013 having its Registered Office at “50 K, “Ratan Jatan Kutir”,
Banthia Chowk, Near Mohta Chowk, Bikaner, Rajasthan, 334001 India and
Operational Business Office at 344, Vijay Shopping Mall, Kotegate, Bikaner,
Rajasthan 334001 India.
25. Queries/Complaints:
In case of any query, complaint on Your part,
You can communicate to Our Support Team at +917230003072.
26. Grievance Officer:
In accordance with the IT Act, 2000, and the
applicable rules thereunder, the name and contact details of the grievance
officer are provided below:
Mr. Mohit Banthia
My Local Adda
344, Vijay Shopping Mall, Kotegate, Bikaner,
Rajasthan 334001 India
Contact Us-
Email: gsjshownsell@gmail.com
Phone: +91-7230003072
Time: Mon - Sat (10:00 - 18:00)