NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
Lokaly is a fully owned product and service delivery platform of Verve Systems Pvt. Ltd. Any mention of Lokaly, Lokaly.in (the domain and site), Verve, or Verve Systems actually means and implies Verve Systems Pvt. Ltd. For the purpose of this agreement and in this agreement only.
To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help Sellers and Buyers to create a marketplace to allow ease of transaction between them. Lokaly gets you the local business at your doorstep.
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
1.1. DOs and DON’Ts;
1.2. Complaints Regarding Content Posted on the Lokaly Website; and
You own the information you provide Lokaly under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Lokaly a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Lokaly, including, but not limited to, any user-generated content, ideas, concepts, techniques or data to the services, you submit to Lokaly, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Lokaly profile information accurate and updated. Lokaly (or Verve System Pvt Ltd) will not be responsible in any way for any claims made by you or any third party for the information posted by you not being suitable, accurate or updated and free from any copyright or non-disclosure.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:
(1) are 13 years of age or older;
(2) are not currently restricted from the Services, or not otherwise prohibited from having a Lokaly account,
(3) are not a competitor of Lokaly or are not using the Services for reasons that are in competition with Lokaly;
(4) will only maintain one Lokaly account at any given time;
(5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(6) will not violate any rights of Lokaly, including intellectual property rights such as copyright or trademark rights; and
(7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to:
(1) Keep your password secure and confidential;
(2) not permit others to use your account;
(3) refrain from using other Users’ accounts;
(4) refrain from selling, trading, or otherwise transferring your Lokaly account to another party; and
(5) refrain from charging anyone for access to any portion of Lokaly, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please write to us at Lokaly’s support page
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by
(1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
(2) any content you submit to the Services, and
(3) any activity in which you engage on or through Lokaly.
If you purchase any services that we offer for a fee, or on a one-time or subscription basis (“Premium Services”), you agree to Lokaly storing your payment card/account information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Lokaly’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. In case you have to, or you decide to act contrary to this agreement, you will stop using Lokaly and all its services in all ways before actually acting so.
For purposes of service messages and notices about the Services to you, Lokaly may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Lokaly to an email address associated with your account, even if we have other contact information. You also agree that Lokaly may communicate with you through your Lokaly account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Lokaly account or services associated with Lokaly. Please review your Settings to control what kind of messages you receive from Lokaly. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact, other information or not regularly checking your emails, messages or other contact mediums, including, but not limited to, your failure to receive critical information about the Service.
Lokaly may offer the Services through applications built using Lokaly’s platform (“Lokaly Applications”). Examples of Lokaly Applications include its smartphone applications (Lokaly for Android or Lokaly for iPhone), and Lokaly’s “Register Store” buttons and other interactive plugins distributed on websites across the web. Lokaly Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a Lokaly Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Lokaly plugins that load in your browser may be communicated to us.
Further, by importing any of your Lokaly data through the Lokaly Application, you represent that you have authority to share the transferred data with your mobile carrier or other access providers. In the event you change or deactivate your mobile account, you must promptly update your Lokaly account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Lokaly through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Lokaly offers various features such as Lokaly Seller Offers, Find and invite people you can refer, etc. Lokaly also enables sharing of information by allowing users to post their buying updates, including links to Stores and other information sources like news, product recommendations, and other content to their profile and other parts of the site.
Please note that ideas you post and information you share may be seen and used by other Users, and Lokaly cannot guarantee that other Users will not use the ideas and information that you share on Lokaly. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Lokaly Group, into your Network Updates, or elsewhere on Lokaly. LOKALY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY LOKALY COMMUNITY FORUMS SUCH AS THE LOKALY BLOG, STORES OR OFFERS.
Your use of Lokaly services, including our software, is subject to exports and re-exports control laws and regulations of India. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate Government authorities. You also warrant that you are not prohibited from receiving Indian origin products, including services or software.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Lokaly through its suggestion or feedback webpages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) Lokaly is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) Lokaly shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Lokaly may have something similar to the Contributions already under consideration or in development;
(e) you irrevocably assign to Lokaly all rights to your Contributions; and
(f) you are not entitled to any compensation or reimbursement of any kind from Lokaly under any circumstances.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in this agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub-licensable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Lokaly or its Users), view information and use the Services that we provide on Lokaly webpages and in accordance with this Agreement. Any other use of Lokaly contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Lokaly commercially unless expressly authorized by Lokaly) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Lokaly and all related items, including any and all copies made of the Lokaly website.
For as long as Lokaly continues to offer the Services, Lokaly shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Lokaly as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Lokaly, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Lokaly further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Lokaly to be contrary to this Agreement. For the avoidance of doubt, Lokaly has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
The Lokaly App is a platform available for Registered Users like Sellers who manage their own ledgers and Buyers who place orders. However, Lokaly is not and cannot be party to or control in any manner towards the transactions between th4e Sellers and Buyers.
Lokaly does not, at any point of time during any transaction between Sellers and Buyers on the App, come into or take possession of any of the products or services offered by Sellers nor does it at any point gain title to or have any rights or claims over the products or services offered by Sellers to Buyers.
Lokaly is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Lokaly also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Lokaly account, that application or website can access information on Lokaly related to you and your connections.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Lokaly, our Users or the public.
You are solely responsible for your interactions with other Users. Lokaly may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Lokaly reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if Lokaly determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Lokaly nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Lokaly Affiliates”) shall be cumulatively liable for (a) any damages or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Lokaly. This limitation of liability is part of the basis of the bargain between the parties and without it, the terms and prices charged would be different. This limitation of liability shall:
1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
2. Not apply to any damage that Lokaly may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
3. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
You may terminate this Agreement, for any or no reason, at any time, with notice to Lokaly pursuant to Section 9.C. This notice will be effective upon Lokaly processing your notice. Lokaly may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For the avoidance of doubt, only Lokaly or the party paying for the services may terminate your access to any Premium Services. Termination of your Lokaly account includes disabling your access to Lokaly and may also bar you from any future use of Lokaly.
Lokaly may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Lokaly messaging services; creating multiple or false profiles; using the Services commercially without Lokaly’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in this agreement, or any other behavior that Lokaly, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Lokaly has adopted a policy of terminating accounts of Users who, in Lokaly’s sole discretion, are deemed to be repeat infringers.
Upon the termination of your Lokaly account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Gujarat, India & laws of India regardless of your country of origin or where you access Lokaly, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Lokaly agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Ahmedabad, Gujarat, India, except as otherwise agreed by the parties. You and Lokaly agree to submit to the personal jurisdiction of the courts located within Ahmedabad, Gujarat, India for the purpose of litigating all such claims. Notwithstanding the above, you agree that Lokaly shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.lokaly.in. You may contact us here.
Or via mail or courier at:
Verve Systems Pvt. Ltd.
Attn: Legal Department (for Lokaly)
904 Venus Atlantis,
Ahmedabad, Gujarat 380 015 INDIA
Additionally, Lokaly accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lokaly services, third-party content or third-party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Lokaly Affiliate shall be deemed legally binding on any Lokaly Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Lokaly.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Lokaly that Lokaly owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Lokaly for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside INDIA.
As a condition to access Lokaly, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
1.1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
1.2. Provide accurate information to us and update it as necessary;
1.4. Review and comply with notices sent by Lokaly concerning the Services; and
1.5. Use the Services in a professional manner.
2.1. Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to Lokaly;
2.2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
2.3. Create a user profile for anyone other than a natural person;
2.4. Harass, abuse or harm another person, including sending unwelcomed communications to others using Lokaly;
2.5. Invite people you do not know to join your network;
2.6. Upload a profile image that is not your likeness or a head-shot photo;
2.7. Use or attempt to use another’s account without authorization from the Company, or create a false identity on Lokaly;
2.8. Upload, post, email, invite, transmit or otherwise make available or initiate any content that:
2.8.a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
2.8.b. Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
2.8.c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Lokaly);
2.8.d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2.8.e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
2.8.f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Lokaly invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Lokaly to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
2.8.g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Lokaly or any User of Lokaly;
2.8.h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
2.9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
2.10. Duplicate, license, sub-license, publish, broadcast, transmit, distribute, perform, display, sell, re-brand, or otherwise transfer information found on Lokaly (excluding content posted by you) except as permitted in this Agreement, Lokaly’s developer terms and policies, or as expressly authorized by Lokaly;
2.11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
2.12. Utilize or copy information, content or any data you view on and/or obtain from Lokaly to provide any service that is competitive, in Lokaly’s sole discretion, with Lokaly;
2.13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Lokaly unless you have entered into a written agreement with Lokaly (this includes, but is not limited to, representing yourself as an accredited Lokaly trainer if you have not been certified by Lokaly as such);
2.14. Adapt, modify or create derivative works based on Lokaly or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Lokaly’s developer program;
2.15. Rent, lease, loan, trade, sell/re-sell access to Lokaly or any information therein, or the equivalent, in whole or part;
2.16. Sell, sponsor, or otherwise monetize a Lokaly feature or any other service or functionality of Lokaly, without the express written permission of Lokaly.
2.17. Remove any copyright, trademark or other proprietary rights notices contained in or on Lokaly, including those of both Lokaly and any of its licensors;
2.18. Remove, cover or otherwise obscure any form of advertisement included on Lokaly;
2.19. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Lokaly except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
2.20. Share information of non-Users without their express consent;
2.21. Infringe or use Lokaly’s brand, logos and/or trademarks, including, without limitation, using the word “Lokaly” in any business name, email, or URL or including Lokaly’s trademarks and logos or as expressly permitted by Lokaly;
2.22. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
2.23. Use bots or other automated methods to access Lokaly, add or download contacts, send or redirect messages, or perform other activities through Lokaly, unless explicitly permitted by Lokaly;
2.24. Access, via automated or manual means or processes, Lokaly for purposes of monitoring Lokaly’s availability, performance or functionality for any competitive purpose;
2.25. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Lokaly’s website;
2.26. Attempt to or actually access Lokaly by any means other than through the interfaces provided by Lokaly such as its mobile application or by navigating to www.lokaly.in using a web browser. This prohibition includes accessing or attempting to access Lokaly using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Lokaly;
2.27. Attempt to or actually override any security component included in or underlying Lokaly;
2.28. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Lokaly’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Lokaly personnel, attempting to gain unauthorized access to Lokaly, or transmitting or activating computer viruses through or on Lokaly;
2.29. Interfere with or disrupt or game Lokaly or the Services, including, but not limited to, any servers or networks connected to Lokaly, in particular Lokaly’s search algorithms.
We built Lokaly to help Sellers and Buyers be more connected, and to help them leverage technology. For achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Lokaly provides a process for submission of complaints concerning content posted by our Users.