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 -
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;
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:-
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
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:
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-
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 34001 India
Contact Us-
Email:
gsjshownsell@gmail.com
Phone: +91-7230003072
Time: Mon - Sat (10:00 -
18:00)