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Terms

Use of the eLocals Platform/eLocals Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the eLocals website located at eLocals.in, and all associated sites linked to eLocals.in, or the eLocals mobile application or any similar platform (hereinafter collectively, the eLocals Platform run by Locals Digital Services Private Limited, having its registered office at 125, Kautilaya Nagar, Patna- 800014 and/or any of its affiliates (here in after collectively, eLocals ) on any device and/or before availing any services offered by eLocals on the eLocals Platform which may include services such as recharge or bill payment, digital products, semi-closed pocket money service and marketplace service or any other service that may be offered by eLocals on the eLocals Platform (hereinafter individually, and collectively, the eLocals Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all eLocals Services, whether offered by eLocals or its affiliates.

Acceptance

By registering on, accessing, browsing, downloading or using the eLocals Platform for any general purpose or for the specific purpose of availing any eLocals Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each eLocals Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any eLocals Service or any future service that may be offered by eLocals on the eLocals Platform. By registering on, accessing, browsing, downloading or using (as applicable) the eLocals Platform or availing any eLocals Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the eLocals Platform and immediately terminate Your availing the eLocals Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the eLocals Platform or a customer or beneficiary of the eLocals Services, and eLocals. All services are rendered by eLocals through the eLocals Platform under the brand name eLocals (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, eLocals, regarding Your use of eLocals digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi closed pocket money service, the marketplace service or any such other services which may be added on the eLocals Platform and which will henceforth be a eLocals Service, from time to time. The eLocals Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, eLocals grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the eLocals Platform and/or avail the eLocals Services.

Eligibility

The eLocals Services are not available to persons under the age of 18 or to anyone previously suspended or removed by eLocals from availing the eLocals Services or accessing the eLocals Platform. By accepting the T&Cs or by otherwise using the eLocals Services on the eLocals Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by eLocals, or disqualified for any other reason, from availing the eLocals Services or using the eLocals Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, eLocals reserves the right to suspend or permanently prevent You from availing eLocals Services or using the eLocals Platform.

Other Terms and Conditions

Additional terms and conditions may apply in order for You to avail specific eLocals Services and to specific portions or features of the eLocals Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the eLocals Platform or for any eLocals Service offered on or through the eLocals Platform, the latter terms shall control with respect to Your use of that portion of the eLocals Platform or the specific eLocals Service. eLocals may make changes to any eLocals Services offered on the eLocals Platform, or to the applicable terms for any such eLocals Services, at any time, without notice. The materials on the eLocals Platform with respect to the eLocals Services may be out of date, and eLocals makes no commitment to update the materials on the eLocals Platform with respect to such eLocals Services.

Communication Policy

By accepting the T&Cs, You accept the following:

  • eLocals may send alerts to the mobile phone number provided by You while registering with the eLocals Platform for the SSOID service or on any updated mobile number subsequently provided by You on the eLocals Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in mode to receive the SMS, in case of e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the user has enabled the receipt of such notifications. If the mobile phone is in mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then You may not get the alert at all or get delayed messages.
  • eLocals will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from eLocals as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the eLocals Platform or availing any eLocals Services. eLocals shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold eLocals liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
  • The SMS/e-mail alert/push notification service provided by eLocals is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, eLocals shall be immediately informed about the same by You and eLocals will make best possible efforts to rectify the error as early as possible. You shall not hold eLocals liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
  • The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depend on many factors including the infrastructure and connectivity of the service provider. eLocals shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • You will indemnify and hold harmless eLocals and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorneys fees which eLocals or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from eLocals and/or the SMS/e-mail service provider.
  • You will receive information via SMS, e mail and phone call regarding what eLocals perceive to be of Your interest based on Your usage history and browsing history (which information may be shared by eLocals with its affiliates). This includes providing information relating to offers, discounts and general information by eLocals. In case You do not want such information, You have to explicitly ask to be excluded.

Use of eLocals Platform

You understand that except for information, products or services clearly indicated as being supplied by eLocals, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that eLocals cannot and does not guarantee or warrant that files available for download through the eLocals Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

Prohibited Conduct

By accessing or using the eLocals Platform or by availing eLocals Services, You agree not to:

  • violate the T&Cs
  • impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the eLocals Services, perform any other similar fraudulent activity or otherwise avail eLocals Services with what we reasonably believe to be potentially fraudulent funds
  • infringe our or any third party's intellectual property rights, rights of publicity or privacy
  • se the eLocals Services if You are under the age of 18 years without a parental sponsor or, in any event, use the eLocals Services if You are under the age of 13 years old even with a parental sponsor and in accordance with applicable law
  • post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
  • post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to eLocals
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the eLocals Services and the eLocals Platform or features that enforce limitations on the use of the eLocals Services or the eLocals Platform
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards eLocals Services or eLocals Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law
  • use the eLocals Services or the eLocals Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the eLocals Services or the eLocals Platform in an automated manner
  • modify, adapt, translate or create derivative works based upon the eLocals Services and the eLocals Platform or any part thereof, except and only to the extent that that this is permissible by applicable law
  • intentionally interfere with or damage operation of the eLocals Services or the eLocals Platform or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
  • use any robot, spider, other automatic device, or manual process to monitor or copy the eLocals Platform without prior written permission
  • interfere or disrupt the eLocals Platform or networks connected to the eLocals Platform
  • any action that imposes an unreasonably or disproportionately large load on eLocals infrastructure/network
  • use any device, software or routine to bypass the eLocals Platform's robot exclusion headers, or interfere or attempt to interfere, with the eLocals Services
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the eLocals Platform or to manipulate Your presence on the eLocals Platform
  • sell the eLocals Services, information, or software associated with or derived from it
  • use the facilities and capabilities of the eLocals Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
  • breach this Agreement, the SSOID Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs
  • provide false, inaccurate or misleading information
  • use the eLocals Platform to collect or obtain personal information, including without limitation, financial information, about other users of the eLocals Platform, except and only as expressly provided in the T&Cs
  • avail eLocals Services with what eLocals reasonably believes to be potentially fraudulent funds
  • use the eLocals Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to eLocals, a third party or You
  • use the eLocals Services in a manner that eLocals or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
  • take any action that may cause eLocals to lose any of the eLocals Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers
  • send automated request of any kind to the eLocals Platform without express permission in advance from eLocals.

Termination; Agreement Violations

You agree that eLocals, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the eLocals Services/eLocals Platform and remove and discard on the eLocals Platform all or any part of Your account, Your user profile, or Your recipient profile, including Your SSOID, at any time. eLocals may also in its sole discretion and at any time discontinue providing access to the eLocals Services, or any part thereof, with or without notice. You agree that any termination of Your access to the eLocals Services/eLocals Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that eLocals will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies eLocals may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the eLocals Services/eLocals Platform.

Indemnification

You agree to indemnify, save, and hold eLocals, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the eLocals Services or of the eLocals Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. eLocals reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify eLocals, including rights to settle, and You agree to cooperate with eLocals defence and settlement of these claims. eLocals will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, eLocals and its third-party partners, licensors and suppliers disclaim all warranties or guarantees whether statutory, express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from eLocals or through the eLocals Services or the eLocals Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term eLocals includes eLocals officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that eLocals is a reseller of mobile recharges and is not liable for any third party (telecom companies, mobile operators or suppliers) obligations due to rates, quality and all other instances, whether to any such telecom companies subscribers or otherwise. You expressly agree that use of the eLocals Services on the eLocals Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. eLocals does not warrant that the eLocals Services will be uninterrupted or error-free or that defects in the site will be corrected. The eLocals Services and the eLocals Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on is and available,with all faults basis and without warranties or representations of any kind either express or implied. eLocals, and its third party suppliers, licensors, and partners do not warrant that the data, eLocals software, functions, or any other information offered on or through the eLocals Services/eLocals Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. eLocals and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the eLocals Services/eLocals Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the eLocals Services/eLocals Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will eLocals be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the eLocals Platform.

Ownership; Proprietary Rights

The eLocals Services and the eLocals Platform are owned and operated by eLocals and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the eLocals Services and the eLocals Platform provided by eLocals (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and eLocals, all Materials, trademarks, service marks, and trade names contained on the eLocals Platform are the property of eLocals and/or third party licensors or suppliers. You agree not to remove, obscure, or alter eLocals or any third partys copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the eLocals Services/eLocals Platform. Except as expressly authorized by eLocals, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. eLocals reserves all rights not expressly granted in this Agreement. If You have comments regarding the eLocals Services and/or the eLocals Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to eLocals, and shall assign to eLocals, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

Modification of this Agreement

eLocals reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the eLocals Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the eLocals Platform, availing the eLocals Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the eLocals Services/eLocals Platform. For certain changes, eLocals may be required under applicable law to give You advance notice, and eLocals will comply with such requirements.Your continued use of the eLocals Platform following the posting of changes will mean that You accept and agree to the changes.

Notice

eLocals may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the eLocals Platform or by any other reasonable means. Except as otherwise set forth herein, notice to eLocals must be sent by courier or registered mail to Locals Digital Services Pvt. Ltd., 125, Kautilaya Nagar, Patna-800014, Bihar.

Waiver

The failure of eLocals to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by eLocals.

Eligibility

The eLocals Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by eLocals from availing the eLocals Digital Services or accessing the eLocals Platform. By accepting the T&Cs or by otherwise using the eLocals Digital Services on the eLocals Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by eLocals, or disqualified for any other reason, from availing the eLocals Bill Payment and Digital Goods Services or using the eLocals Platform. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, eLocals reserves the right to suspend or permanently prevent You from availing eLocals Digital Services or using the eLocals Platform.

Digital Services

eLocals facilitates the payment of certain bills through the eLocals Platform with respect to certain services offered by eLocals business partners who have partnered with eLocals to enable their bills to be paid through the eLocals Platform. Please see the relevant links on the eLocals Platform for more information on eLocals’s bill payment service. Further, eLocals also offers certain digital products which facilitate the purchase of prepaid recharges for mobile, DTH, toll and data card as well as purchase of movie tickets, bus tickets, hotel reservations, flight tickets and purchase of tickets to amusement or theme parks, etc. Other digital products available on the eLocals Platform also include coupon redemption services. The terms and conditions in relation to bill payments and digital products are set out below. The terms and conditions in relation to bill payments and digital products set out below are applicable to and binding on You in conjunction with the SSOID terms and conditions already accepted by You. Each SSOID term or condition is applicable to and binding on You, or any of Your activities on the eLocals Platform, even if such term or condition is not specifically reproduced herein below. The terms Agreement or T&Cs mentioned herein below includes the terms and conditions in relation to bill payments and digital products set out below and the SSOID terms and conditions as well as other service-specific terms and conditions in relation to eLocals Services or eLocals Platform.

eLocals Recharges

eLocals is only a reseller of digital products. eLocals does not provide mobile operator services and is only a reseller of prepaid mobile recharge services which are ultimately provided by telecommunications service providers (hereafter Telco or Telcos) or by other distributors or aggregators of such Telcos. eLocals is not a warrantor, insurer, or guarantor of the services to be provided by the Telcos. Prepaid mobile recharge sold by eLocals to You is sold without recourse against eLocals for any breach of contract by the Telcos. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the mobile prepaid recharge purchased must be handled directly between You (or the recipient of the recharge) and the Telco. The terms and conditions set out in this section are applicable, mutatis, to other prepaid recharge products available on the eLocals Platform including prepaid recharges in relation to DTH, data card and toll tags as well as to other prepaid recharge products that may be offered on the eLocals Platform. eLocals will not be responsible for any failure on the part of any of its recharge partners in effecting a recharge.

Governing Law and Forum for Disputes

Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against eLocals must be resolved by a court having jurisdiction in Bihar, India. You agree to submit to the personal jurisdiction of the courts located within Bihar, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.