WITH EFFECT FROM 27.06.2017
The Company owns and operates mobile/web applications, by the trade names “27.06.2017”, “27.06.2017” and “27.06.2017” (the “Apps”) available on the Google Play Store, iOS and other similar platforms and also operates a website 27.06.2017 (the “Website”). The App and the Website shall be together referred to as the “Platform”.
“Personal Information” means any information that relates to a natural person which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
“Services” means the services provided/ proposed to be provided by eLocals through the Platform from time to time including allowing the User to advertise, sell their products to customers and any other services that maybe introduced from time-to-time. [As discussed, please confirm if this covers the full services being offered.]
“Transaction” means availing any Services on or through the Platform;
ACCEPTANCE OF TERMS
SIGNING UP AND ON-BOARDING
Registration as a User and creation of Profile is only a one-time process and if the User has been previously registered, the User shall login / sign into the Profile using the same credentials as provided during the registration process.
The User shall:
Not provide any false Personal Information to eLocals or create any account for anyone other than him/herself without such person's permission;
Not use a username that is the name of another person with the intent to impersonate that person;
Not use a username or Profile that is subject to any rights of a person other than the User without appropriate authorization; or (d) use a username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful;
immediately notify eLocals in writing of any unauthorized use of Your account, or other account related security breach of which the User becomes aware;
The User agrees to receive communications from the Company regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) new product launches and offers for the user (iv) information about the Company and the Services; (v) promotional offers and services from the Company and its third-party partners, and (vi) local and international news of interest (vi) any other matter in relation to the Services.
The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details. The User is solely responsible for maintaining the security and confidentiality of its username and password and agrees to immediately notify the Company in writing at 27.06.2017 of any unauthorized use of its Profile or any other breach of security. The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorized access to a User’s Profile.
KNOW YOUR CUSTOMER POLICY
Users may be required to upload certain information and documents to ascertain their eligibility to use certain features and functionalities of the Services including but not limited to their identification documents (“KYC Documents”). The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and any other document that maybe necessary for accessing certain services on the platform.
The User hereby authorizes the Company and the third-party service providers engaged with or by the Company, or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. It is hereby clarified the permission of use and processing of the KYC Documents by a third-party service provider is concerned, the same shall be governed by the relevant policies of such third-party service provider.
The User further acknowledges that in an event of providing an incorrect or misleading information, the act shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of acceptance of the Terms and the user shall update the documents if there is any change, so the documents continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform.
The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
While the Company uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
eLocals disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of Third-Party Content. If You access or use any Third-Party Content, You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any Third-Party Content offered through or available on the Platform is the Third-Party Content provider or Third-Party Content creator’s (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and You agree that eLocals shall not be liable for any damages that may result from Your use of the Third-Party Content.
The User shall use the Services in any manner as permitted in these Terms. The User may not:
use the Services to transmit any data or send or upload any material that contains viruses, or any other harmful programmes or similar computer code designed to adversely affect the operation of any mobile, computer software or hardware, or any other device;
use any robot, any other automated process or device, or manual process to monitor or copy the Platform or Services or any portion thereof;
Infringe either directly or indirectly any third-party’s rights, including but not limited to copyrights, patents, trademarks, or trade secrets, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;;
use the Services in furtherance of / to engage in any activity or publish content which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
violate applicable laws in any manner in its use of the Platform.
users are expected to ensure that the goods and services they send payment links for are in compliance with all applicable laws; generating payment link for prohibited content may result in the suspension or removal of user’s account. The User shall not use the Services for any sale or supply of prohibited products or services as notified by the laws of the land.
The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India.
The User shall not (directly or indirectly):
take any action that imposes or may impose (as determined by eLocals in its sole discretion) an unreasonable or disproportionately large load on eLocals (or its third-party providers') infrastructure;
interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform or bypass any measures eLocals may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform);
run any form of auto-responder or ‘spam’ on the Platform, use manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any part of the Platform, or harvest or scrape any content (including but not limited to Third-Party Content) from the Platform;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Platform or content (including but not limited to Third-Party Content), except as expressly authorized by eLocals;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
make false or malicious statements against the Platform or eLocals; or
otherwise take any action in violation of eLocals’s guidelines and policies.
The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customers through telephonic calls, text message, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
The User shall be solely responsible for obtaining consent from its customers and the Company shall assume that such consent as required is received by the User, if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
The user before uploading any customer information should undertake the following:
Before creating or uploading the first Transaction Information with respect to user’s customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard to create the profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Company;
With this approval the customers of the user may receive communications from the Company regarding but not limited to: (a) information relating to their transactions recorded on the Platform; (b) requests for payment; (c) information about the Company and the Services; (d) promotional offers and services from the Company and its third-party partners, and (e) any other matter in relation to the Services.
If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers.
All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company. You shall abide by and maintain all copyright notices, information, and restrictions contained in any such content provided by eLocals accessed through the Platform.
The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Company.
The Company may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company. Use, reproduction, distribution or storage of any content provided by eLocals other than for personal, non-commercial use is expressly prohibited without prior written permission from eLocals, or from the copyright holder identified in the copyright notice of the content provided by eLocals, as applicable. User shall not sell, license, rent, or otherwise use or exploit any content provided by eLocals (i) for commercial (whether or not for profit) use, without the prior written consent of eLocals, or (ii) in any way that violates any third party right.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
The User Must:
not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Platform or any of its components;
not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
not make false or malicious statements against the Platform, allied services or eLocals;
not engage in any form of antisocial, disrupting, or destructive acts, including ‘flaming’, ‘Spamming’, ‘flooding’, ‘trolling’, ‘phishing’ and ‘griefing’ as those terms are commonly understood and used on the internet;
not use the Platform or any allied services in a way that could damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with other Users;
not carry out reverse engineering in respect of the hardware or software underlying the Platform or any part thereof; and
comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Platform or allied services, which may include but is not limited to not using the Platform in a country where the use of the Platform or any allied service is unlawful.
All content provided by eLocals is made available as is and without any representations or warranties whatsoever, and eLocals hereby disclaims any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, and non-infringement.
THIRD PARTY CONTENT AND SERVICES
The Services may include services, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third-Party Services is solely at their own risk.
The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
The Company enables payments via payment service providers partners and the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Company never solicits information such as UPI pin or OTP over a call or otherwise.
The Company shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User.
All Third-Party Content on the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. eLocals cannot guarantee the authenticity of any Third-Party Content or data which Users may provide about themselves. The User acknowledges that all Third-Party Content accessed using the Platform is at User’s own risk and User will be solely responsible and liable for any damage or loss to the User or any other party resulting therefrom and eLocals shall have no liability towards You or any other party for any damage or loss resulting from such Third-Party Content.
TERM AND TERMINATION
The Company may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms or the Agreements.
If User wishes to terminate Profile, User may do so by (i) following the instructions on the Platform or (ii) contacting eLocals.
Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding payment due by user in relation to user use of or access to the Services, if any, shall become immediately payable.
DISCLAIMERS AND WARRANTIES
The use of the Services is at User’s sole risk.
User acknowledge and agree that the Company is not engaged in the provision, grant, or disbursement of any financial product. The Company is not and will not be responsible for any claim or for any damages suffered, whether by the Users, the customers of the Users or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by the User or by the customers of the User using the payment link generated using the Platform. The User further agrees and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by applicable law.. The Company does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet user requirements.
To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
User hereby accept full responsibility for any consequences that may arise from user use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the Company, its affiliates, directors, employees and agents and its related parties each disclaim all liability to user for any loss or damage arising out of or due to:
user use of, inability to use, or availability or unavailability of the Services, including any Third-Party Services;
the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Company’s records, programmes, services, server, or other infrastructure relating to the Services; or
the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither the Company nor any of its affiliates or related parties shall have any liability to user or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, user agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
eLocals currently is not a payment aggregator or payment gateway-it is enabling payments for its users via third-party payments service providers. eLocals may levy charges for the usage of service. In case user needs an invoice please email to 27.06.2017.
All liability of eLocals, its shareholders, affiliates, directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of Your use of the Platform or content (including but not limited to Third-Party Content) is expressly excluded to the fullest extent permitted by applicable law, save that, if a court of competent jurisdiction determines that liability of eLocals, its affiliates, directors, employees, agents, representatives, partners, suppliers has arisen, the total of such liability shall be limited in aggregate to One Thousand Rupees (INR 1000).
eLocals will not be liable or responsible for:
Any instance where the transaction is unable to be completed or does not materialize;
Additionally, by using the Platform and allied services, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Platform or any allied services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
To the maximum extent permitted by applicable law, in no event shall eLocals, nor its affiliates, directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not eLocals, its affiliates, directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Platform, allied services or content (including but not limited to Third-Party Content) for: (a) the use or the inability to use the Platform; (b) indirect, remote or consequential losses or damages; (c) loss of actual or anticipated profits; (d) loss of revenue; (e) loss of goodwill; (f) unauthorized access to or alteration of Your transmissions or loss of data; (g) loss of anticipated savings; (h) wasted expenditure; (i) cost of procurement of substitute goods or services; or (j) any other matter relating to the Platform, content or allied service.
Without prejudice to the foregoing, none of the affiliates, directors, employees, agents, representatives, partners, suppliers or content providers of eLocals shall be personally liable for any action in connection with the Platform or allied services.
MAINTENANCE OF RECORDS
User shall maintain the records of all payment transactions on the Platform independently of the Platform (by way physical copies or any other form as may deem fit) and the Company reserves the right to seek copies of such records for their own use including record keeping.
The Company reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996. The tribunal shall consist of 1 (one) arbitrator appointed mutually by the Company and the User. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
CONSENT TO USE DATA
The Company may use information and data pertaining to user use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. User understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
UPI Transactions cannot be cancelled after initiating the transaction. If the User has entered the wrong number/VPA ID, then the Company is not a liable party in the transaction.
All UPI transactions are real-time and if there is any delay in the end of the transaction then the User can check with support team of eLocals at 27.06.2017 after 1 hour of the success of the transaction or with the 3rd party through which the UPI transaction was initiated. UPI transaction cannot be cancelled once initiated. eLocals does not take the ownership of refund of any UPI transaction made by the user.
Currently, the Company have not enabled Debit/ Credit Card transactions in eLocals app. The Company will update the terms of services for this section when the Company enable Debit/ Credit Card transactions.
Modification – The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to user and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event user refuse to accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Notices - All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to 27.06.2017.
In accordance with the Information Technology Act, 2000 and rules made there under and other applicable laws, the name and contact details of the Grievance Officer are provided below: You may write to the Grievance Officer at the following address:
Please contact Grievance Officer for any questions or comments (including all inquiries related to copyright infringement) regarding the Platform.
The Company reserves the right to make changes to these Terms by posting the new/updated version and user continued use and/or non-deletion of the Platform shall indicate user agreement to such changes. Accordingly, the Company encourages user to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.