• TERMS AND CONDITIONS
• Last updated January 01, 2023

 

• 1. AGREEMENT TO TERMS
• 2. INTELLECTUAL PROPERTY RIGHTS
• 3. USER REPRESENTATIONS
• 4. USER REGISTRATION 
• 5. PROHIBITED ACTIVITIES
• 6. USER GENERATED CONTRIBUTIONS
• 7. CONTRIBUTION LICENSE
• 8. GUIDELINES FOR REVIEWS
• 9. MOBILE APPLICATION LICENSE
• 10. SUBMISSIONS
• 11. THIRD-PARTY WEBSITE AND CONTENT
• 12. ADVERTISERS
• 13. SITE MANAGEMENT
• 14. COPYRIGHT INFRINGEMENTS
• 15. TERM AND TERMINATION
• 16. MODIFICATIONS AND INTERRUPTIONS
• 17. GOVERNING LAW
• 18. DISPUTE RESOLUTION
• 19. CORRECTIONS
• 20. DISCLAIMER
• 21. LIMITATIONS OF LIABILITY
• 22. INDEMNIFICATION
• 23. USER DATA
• 24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
• 25. MISCELLANEOUS
• 26. CONTACT US

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ANCESTOR LOCALSS PRIVATE LIMITED, doing business as LOCALSS ("LOCALSS," “we," “us," or “our”), concerning your access to and use of the http://www.localss.in website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in India and have our registered office at Vill: Dharmapur, P.O: Bhara, Bishnupur, West Bengal 722157. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

 

3. USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

 

4. USER REGISTRATION

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

 

5. PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

 

6. USER GENERATED CONTRIBUTIONS

 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

 

7. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

 

8. GUIDELINES FOR REVIEWS

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

 

9. MOBILE APPLICATION LICENSE

 

Use License

 

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

 

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

 

10. SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

11. THIRD-PARTY WEBSITE AND CONTENT

 

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

 

12. ADVERTISERS

 

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

 

13. SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

 

14. COPYRIGHT INFRINGEMENTS

 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

15. TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 

16. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

 

17. GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of India. ANCESTOR LOCALSS PRIVATE LIMITED and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

 

 

 

 

18. DISPUTE RESOLUTION

 

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the India courts. ANCESTOR LOCALSS PRIVATE LIMITED shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

 

 

19. CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

 

20. DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

21. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

22. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

23. USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

 

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

About Local Sales and Services and its Operating Process:

 

• The Website/Application is owned by Ancester Localss Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Vill – Dharampur, PO – Bhora, Bhora, Bankura, West Bengal, 722157, India (hereinafter referred to as "Local Sales and Services").
• The Application and the Website at www.localss.in ("Website") (collectively, "Website/Application") are operated by Ancester Localss Private Limited ("Company").
• The Company’s role is limited to the managing Application and Websites and associated marketing, facilitating payment collections, fulfilment, order management, enquiry management and other incidental services to enable the transactions between the Service Provider (refer to “Seller”, “Professionals”, “Wholesalers”, “Local Shop”, “Supplier”) and the User.
• Product and Services are made available on the Website and to avail the same, Users are required to install the Application.

When are these Terms applicable and binding on User?

• The Terms and Conditions is applicable to any person when they install, download or even merely visit or access any part of the Website/Application or utilise the Services, such persons are referred to as users, which include without limitation users who are browsers, purchaser or contributors of content (collectively, "User").
• The Terms and Conditions between User, Service Providers and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Terms and Conditions are updated, creating a legally binding arrangement between the User and the Company.
• If the User does not agree with the terms of the Terms and Conditions, the User is advised to refrain from using the Website/Application. By accessing or using the Website/Application, the user irrevocably accepts the Terms and Conditions and agrees to abide by the same (as updated from time to time).

 Does a User necessarily need to create an account on the Website/Application?

• Company does not permit Users to avail the Services on the Website/Application without prior registration. Users may access the Websites or Application by registering to create an account and become a registered User on the Website/Application. The registration is limited for the purpose of buying or selling products, providing and booking service is subject to this Terms and Conditions and strictly not transferable.

Eligibility Criteria for use of Website/Application:

• The Services on the Website/Application shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.
• The Company reserves the right to terminate the Users account and / or deny access to the Website/Application if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Website/Application represent and warrant that they have the right to access or use the Website/Application.

Specific requirements for registering an account on Website/Application and its Uses:

• The Users are required to enter a valid phone number and valid email address while registering on Website/Application. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. It is the responsibility of the Users to provide correct mobile number and email address so that the Company can communicate with the Users via SMS or Emails. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively. It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
• Having an account on the Website/Application gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all payments made by such User.
• Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.
• User acknowledges and agrees that having an account on thisWebsite/Application does not grant it any rights on Website/Application not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and perform to the benefit of the Company.
• On registration, the Users may receive a password protected account and an identification. The Users agree to:

1. maintain the confidentiality of their password, if applicable;
2. take full responsibility for all activities by Users accessing the Website/Application through their account;
3. immediately notify the Company through telephonic or by mail of any unauthorised use of their account or any other breach of security that they become aware of; and
4. ensure that they exit from their account at the end of each session.

User/Service Provider/Seller/Wholesaler/Supplier account registered on Website/Application be suspended or terminated if:

• As a User:
• The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Website/Application including blocking any amounts due to the User and associated account without any prior notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
• Any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or

 

• In Company’s notice, the User has:

 

• charged an unreasonably high price for products and services;
• unreasonable instances of product returns and/or cancellations of booking service initiated;
• engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.
• failed or is suspected to have failed to comply with any term or provision of the Terms and Conditions or applicable law.
• User is found to be non-compliant with the Terms and Conditions.
• Further, where the violation of the Terms and Conditions gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.
• Without prejudice to the above stated rights of the Company, in case of alleged fraud of this Terms and Conditions by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.
• User should not use the Website/Application to host, display, upload, download, modify, publish, transmit, update or share any information which:
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website/Application or to the profiles, blogs, communities, account information, or other areas of the Websites/Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• interferes with another User’s use and enjoyment of the Website/Application or any third-party user’s enjoyment of similar services;
• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website/Application or any other website, contains content that would be prohibited or violates the spirit of these Terms;
• violates any law for the time being in force and impersonates another person;
• contains software viruses or other computer programming routing that may damage, detrimentally interfere with, reduce value of, unintentionally disengage or expropriate any system, data or personal information; and
• directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable laws, rules, regulations or guidelines for the time being in force.

 

• When accessing or using the Website/Application or availing the Services, the User has to comply and ensure the following:
• All registration information submitted by User is truthful, lawful and accurate;
• User's use of the Website/Application shall be solely for their use and they shall not authorize others to use the account;
• User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
• All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Terms and Conditions, all Trademarks, Copyrights, Patents, Trade Secrets, Privacy and Publicity Rights and / or other Proprietary Rights contained in any content that User’s submit, post, upload, distribute or otherwise transmit or make available;
• User will not use Website/Application in any way that is unlawful, or harms to the Company or any other person or entity;
• User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website/Application or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Website/Application;
• User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
• User will not or attempt to delete or modify any content of Websites/Application, including but not limited to, disclaimers or proprietary notices such as Copyright or Trademark Symbols, Logos;
• User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
• User shall not access Website/Application without authority or use Website/Application in a manner that damages, interferes or disrupts, any part of Website/Application or any equipment or any network on which Website/Application is stored or any equipment of any third party;
• User shall not attempt to gain unauthorized access to any portion or feature of the Website/Application, or any other systems or networks connected to the Website/Application by any means. User shall not probe, scan or test the vulnerability of Website/Application nor breach the security or authentication measures on Website/Application or any network connected to Website/Application.
• User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Website/Application or any transaction being conducted on Website/Application, or with any other person’s use of Website/Application. User may not use Website/Application or any of its content for any purpose that is unlawful or prohibited by this Terms and Conditions.
• User shall at all times ensure full compliance with the applicable laws, as amended from time to time, including that of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Website/Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Terms and Conditions, applicable to use of Website/Application and for provision of Services.
• Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Terms and Conditions. Company shall have all the rights to take necessary action and claim damages that may occur due to User's involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

 

• As a Seller/Wholesaler/Supplier:

At no point you can’t Sale/Wholesale/Supply the following Products on the Website/Application either as a Seller/Wholesaler/Supplier:

• Animals and Wildlife products – examples include Animals (Live or Dead), Birds (Live or Dead) Mountain Specimens, Reptile skins, and Tusk.
• Adult products and pornographic materials (including child pornography) in any form (Printed, Audio/Visual, Multimedia Messages, Images, Photographs, etc.)
• Alcohol, Tobacco and Drugs.
• Electronic Surveillance Equipment prohibited by law.
• Embargoed goods from prohibited countries.
• Endangered species of animals and plants, whether Alive or Dead.
• Firearms, Weapons, and Knives – examples include Pepper Spray, Replicas, and Stun Guns.
• Any Financial services.
• Food and healthcare items without holding requisite permits.
• Black market products.
• Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the army, etc.)
• Hazardous, Restricted, or regulated materials – examples include Batteries, Fireworks, Fire Crackers.
• IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights.
• Medicines, drugs and drug paraphernalia that require a registered medical practitioner's prescription;
• Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985.

• Offensive material which is likely to offend the sentiments of people whether on the grounds of Religion, Race, Caste, Sex or Place of Birth, Ethnicity, or Culture.
• Radioactive Materials.
• Sex Determination Kit.
• Stocks and Securities / Real Estate / Stolen Property.
• Any other Sanctioned or Prohibited items or Services as per Applicable Laws; and
• Any other item deemed unfit by Company.

The listing description of each item uploaded in the platform must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the User. You agree not to list a single product in multiple quantities across various categories on the Platform. Local Sales and Services reserves the right to delete such multiple listings of the same product listed by you in various categories.

As a Seller/Wholesaler/Supplier abide by in addition to this Terms and Conditions:

1. Seller/Wholesaler/Supplier, in addition to this Terms and Conditions are also bound by applicable laws of India, including without limitation, the following laws:
   1. The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
   2. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);
   3. Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
2. As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Seller/Wholesaler/Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Seller/Wholesaler/Supplier shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.

 

 

25. MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

26. CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

ANCESTOR LOCALSS PRIVATE LIMITED
Vill: Dharmapur, P.O: Bhara
Bishnupur, West Bengal 722157
India
Phone: 9682598366
localsshelp@gmail.com

 

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