LOCALKART is a mobile application that provides USER(s) with information/data on the business promotions of Merchants for beneficial use of the USER (hereinafter referred to as the “Services”).
These Terms & Conditions between the between LOCALKART MARKETING PRIVATE LIMITED (hereinafter referred to as “Company/We/Us/Our”) and its Users (hereinafter referred to as “User/You/Your”) govern the following:
Please read this page carefully. By accessing and using the Application the User accepts and agrees to be bound absolutely, without any exception, limitation, modification, reservation, by the Terms & Conditions, in full. If User does not accept any of the Terms & Conditions stipulated herein, the User must not use the Application.
To access and utilize the Application and its Services, the USER will be required to complete a registration process and establish an account with Localkart (“Account”) or through the USER’s Google Account or the USER’s Facebook Account. The USER represents and warrants that all information provided by him/her to Localkart Marketing Private Limited is accurate and complete, and that he/she shall maintain the accuracy and completeness of such information on a prompt, timely basis.
As a registered user of the Application and its Services, the USER may receive or establish one or more passwords. The USER is solely responsible for maintaining the confidentiality and security of his/her password(s) and Account(s). The USER understands and agrees that he/she is individually and fully responsible for all actions and postings made from his/her Account(s). The USER shall notify Localkart immediately if he/she becomes aware of any unauthorized use of his/her Account(s).
The right to access and use the Application is not assignable or transferable to any person or entity. The Company may, at its sole discretion, amend, modify or revise these Terms & Conditions at any time as and when required and post the same on the Application.
Users are bound by any such amendment modification or revision and should therefore visit the Terms & Conditions page in the Application periodically to review the Terms & Conditions.
Use of the Application, with or without payment/subscription, amounts to User’s consent to all Terms & Conditions stipulated herein or otherwise posted on the Application.
The User affirms that he/she is more than 18 years of age and that he/she is not under any legal or other impediment which limits his/her ability to comply with the Terms & Conditions. The User affirms that he/she is fully able and competent to comprehend the terms, conditions, rights, liabilities, obligations, representations and warranties contained in the Terms & Conditions herein.
In view of the open source nature of the World Wide Web, it has become impossible to prohibit minors from accessing the Application. If User is a minor, his/her acceptance of these Terms & Conditions must be through a Parent or lawful Guardian. In this regard, whenever a User uses the Application, the Company shall have the right to presume that the User has lawfully represented his/her capacity to accept these Terms & Conditions.
The use of this Application by a User under the age of 18 constitutes the consent of such User’s Parent or lawful Guardian to the Terms & Conditions herein.
All the contents of the Application, such as text, graphics, images, audio, video and all other material, as well as the underlying source code of the Application (hereinafter called the "Content") are governed and protected by Intellectual Property Rights under the applicable laws in force, and are owned or controlled by the Company.
Your use of our Application is solely for your personal and non-commercial use. Any use of the Application or its contents other than for personal purposes is strictly prohibited.
The User is prohibited from amending, modifying, publishing, transmitting or involving in the commercial exploitation, transferring, selling, creating derivative works, or in any manner exploit any of the Content, in whole or in parts or publicize, reproduce, display, publicly perform, distribute, or otherwise use the Content in any manner or mode for any commercial or public purposes.
The reproduction, redistribution, retransmission, publication or commercial exploitation of the Content is prohibited except as otherwise specifically permitted by the Company in writing. The User acknowledges that he/she does not acquire any right of Ownership over the Content by downloading the same.
User agrees not to access or use the Application in any manner that could damage, disable, overburden, or impair any of the Company’s servers, computer systems, networks or accounts. The User agrees not to attempt to gain unauthorized access to any parts of the Application or any of the Company’s servers, computer systems or networks. User agrees not to interfere or attempt to interfere with the proper working of the Application or any of the Company’s accounts, computer systems or networks.
User agrees not to use any automated system, including manipulation devices such as "robots," "spiders," "offline readers," that accesses the Application in a manner that produces unduly high performance than a human can reasonably produce using an ordinary web browser.
User shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit Patented, copyrighted or proprietary contents available in the Application, except as expressly permitted by the Company or the respective owner(s) thereof.
The name, LOCALKART MARKETING PRIVATE LIMITED and all related trade names, device marks, display marks, trademarks, service marks and logos displayed on the Application, whether or not registered are owned by the Company. The features, formulae, technologies, methodology and all things that aid/support in the functioning of the Application in pursuance of its expected purpose are owned and patented/proposed to be patented by the Company. The User is prohibited from using those Marks features, formulae, technologies, methodology, etc., without the express, written permission of the Company. All other trademarks that may appear on the Application are the property of their respective Third Party owners and the User is prohibited from using the same without the express written consent of such Third Party Owners.
The Company in its Application may provide links to Third Party sources including websites. Though the Company in its Application, provides verified links to Third Party websites, such links are provided solely for the convenience of User and not as a certification or endorsement by the Company of the contents on such Third Party sources. The Company is not responsible for any of the contents, whatsoever provided by such linked Third Party sources. The Company does not make any representations regarding the content or accuracy thereof on such Third-Party websites and is not responsible or liable for the availability of the same, advertising, products or other materials contained thereon. The Company exercises no control whatsoever over such other websites and web-based resources.
The Company shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by a User in connection therewith. User acknowledges that the use of these Third Party websites is at User’s sole risk.
Our Application provides Users with access to compiled educational information and related sources. Such information is provided on an “As Is basis” and we assume no liability for the accuracy or completeness or use or non obsolescence of such information. The Company shall not be liable to update or ensure continuity of such information contained on the Application.
We would not be responsible for any errors, which might appear in such information, which is compiled from Third Party sources or for any unavailability of such information.
The User represents warrants and covenants as follows:
The Company and/or its directors, employees, employees, affiliates, associates, agents, Third Party licensors and suppliers shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever to the User 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 this Application, the delay or inability to use this Application, the provision of or failure to provide services, or for any information, software, products, services and related contents graphics obtained through the Application, whether based on contract, civil tort, strict liability or otherwise, even if Application or any of its Third Party Vendors/service providers have been sufficiently informed of the probability and possibility of such damages.
If User is dissatisfied with any portion of the Application, or with any of the Terms & Conditions, the only recourse available to the User is to discontinue his/her use of the Application.
The Company shall, under no circumstances, be liable to any User arising from and out of User's use of the Application. Such exclusion of liability shall have the effect providing the Company, its Directors, Employees, representatives, an absolute immunity from recovery of any and all damages, direct, indirect, incidental, consequential, special and exemplary damages arising from any use of the Application, including any damages that may be incurred by Third Parties.
The Company reserves the right to disclose any information as and when necessary to comply with any applicable laws, regulations, legal process or statutory request made by any Authorities, or to amend or edit, refuse to post or to remove any Content, in whole or in part from the Application.
The Company values User information and is committed to maintaining User privacy. The Company does, however, gather certain information that User provides to the Application. The Company believes that by collecting this information it will be able to provide User with a better personalised web experience, and to assist its own promotions and advertisements in efficiently reaching the appropriate audience. The information which the Company requests is the minimum that is necessary for this purpose. The Company may use the information it obtains from the User, including User IP address, name, mailing address, email address and use of the Application, for its internal business and marketing purposes and may disclose the information to authorized Third Parties for such purposes. For further details on the Company’s Privacy policies for using User information, please read our Privacy Policy attached to the Application.
The Company shall have the right to stipulate separate Terms and Conditions of use to govern the usage and access of certain selected aspects or portions of the Application and may do so as and when required. The Company reserves the right to determine, from time to time, the criteria for provision of various aspects or portions of the Application to the different classification/categories of Users based on its policies. The registrations to the Application do not automatically entitle the User to any and all aspects or portions of the Application provided by the Company and the Company shall have the sole discretion in providing access to and in determining continuity of certain aspects or portions of the Application. The Company reserves the right to provide access, modify, continue, extend, cancel, withdraw or discontinue any of aspects or portions of the Application at its sole discretion at any point of time.
The Company’s Application is compatible only with certain electronic devices, hardware, tablets or instruments. The Company shall not be obligated to provide compatible Application for devices that are not compatible with the Company’s Application. The Company reserves the right to upgrade the nature, technology and type of compatible devices as required from time to time.
The Company shall have not have any responsibility, whatsoever for performance or non performance, if any, of the hardware or software of the resulting from the User’s access or use of the Application.
User agrees to defend, indemnify and hold harmless the Company, its Directors, affiliates, associates, employees, agents and their officers from and against any claims, liability, demands or actions, whatsoever, arising from out of or in connection with any use of the Application and any Content therein, by User or through User's account or by User's breach of the Terms & Conditions.
The Company reserves the right to send the Users, email(s) for the purpose of informing Users of changes or additions to the Application, the Terms & Conditions herein, other Policies and any other service provided by the Company.
User agrees and consents to receive auto-dialed or pre-recorded calls and text messages from the Company or its Third Party Service Providers to the telephone number that the User has provided to the Company. The Company may place such calls or text messages for the following purposes: (i) to notify the User regarding his/her account; (ii) to troubleshoot problems with the User’s account; (iii) to resolve any dispute; (iv) to record the User’s opinions through surveys or questionnaires; (vii) to inform the User of the offers and promotions; or (vi) to do all acts that are morefully required to deal with the User’s account or to enforce the Company’s Terms & Conditions, policies, applicable laws, or any other agreement that the Company may enter with the User at any point of time.
The Company may, in its discretion and without prior notice or information, monitor or record telephone conversations with the User or anyone acting on behalf of the User with the Company or any of its employees, associates, affiliates, authorized agents, etc for the purposes of quality control, training and safety.
The company offers free trial prior to purchase of any subscription plans. So there is no refund on purchases made on subscription and plans. However, if the user faces any technical problem on purchases or services, tthey are asked to contact the helpline number or support email provided in order to resolve the problem/issues.
The Company shall not be liable to the User for any failure to perform any obligation under the Terms & Conditions herein or any other Agreement which is due to an event beyond the Company’s control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic or any other natural or man-made eventuality that are out of the Company’s control, which causes the disruption in access to the Application, nor which could have been reasonably foreseen.
All the legal issues/disputes/claims arising from or related to the use of the Application shall be governed by and dealt with in accordance with the laws of India applicable to agreements entered into and performed within the State of Tamil Nadu.
The sole and exclusive jurisdiction for any disputes, claims, legal issues or causes of action arising out of use of Application shall lie within Hosur, Krishnagiri District, Tamil Nadu. The User hereby irrevocably waives, to the extent permitted by law, any objection which User may have in present or in future to the jurisdiction hereby reserved.
In the event that any provision or clause of the of the Terms & Conditions herein is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such clause or provision may be severed from the Terms & Conditions and the remaining provisions of this the Terms & Conditions shall remain in full force and effect.
The Terms & Conditions constitute the entire Agreement between User and the Company with respect to the use of Application.
The Terms & Conditions constitute an Electronic Record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011, as amended from time to time.
Corporate Office
M/s. Localkart Marketing Private Limited,
Plot No.25, Door No. 3/420-A, 1st Floor,
Thrisul Nagar, Near Nallu RTO Checkpost,
Bagalur Road, Hosur,
Krishnagiri, Tamil Nadu,
India - 635109.
Helpline
(+91) 76391 76392
(+91) 7 639 639 555
Email Address
info@localkart.app