Welcome to My Local Adda. This document is an electronic record in terms
of the amended Information Technology Act, 2000 and rules and regulation made
thereunder. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3
(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that
require publishing the rules and regulations, Privacy Policy and Terms of
Use for access or usage of domain name [www.mylocaladda.com], including
the related mobile site and mobile application of shopper as well as the seller
application and delivery application (hereinafter referred to as “Platform”)
which are owned and operated by GSJ
SHOWNSELL ONLINE PRIVATE LIMITED, a Company incorporated under the
Companies Act, 2013 having its Registered Office at “50 K, “Ratan Jatan Kutir”,
Banthia Chowk, Near Mohta Chowk, Bikaner, Rajasthan, 334001 India and Operational
Business Office at 344, Vijay Shopping Mall, Kotegate, Bikaner, Rajasthan
334001 India.
Your use of the Platform and services and tools are governed by the
following terms and conditions ("Terms of Use") as
applicable to the Platform including the applicable policies which are
incorporated herein by way of reference. If You transact on the Platform, You
shall be subject to the policies that are applicable to the Platform for such
transaction. By mere use of the Platform, You shall be contracting with My
Local Adda and these terms and conditions including the policies constitute
Your binding obligations, with My Local Adda.
For the purpose of these Terms of Use, wherever the context so
requires "You"or "User” shall mean any natural or
legal person who has agreed to avail Our services in any capacity on the
Platform by providing Registration Data while registering on the Platform as
Registered User using the computer systems or any electronic device. The
term "We", "Us", "Our" shall mean “My
Local Adda.”
Further, it is to be noted that words referring to masculine include the
feminine and the singular include the plural and vice versa as the context
admits or requires; and Words importing persons includes individuals, bodies
corporate and unincorporated.
When You use any of the services provided by Us through the Platform, You
will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
this Terms of Use and shall be considered as part and parcel of this Terms of
Use.
We reserve the right, at Our sole discretion, to change, modify, add or
remove portions of these Terms of Use, at any time without any prior written
notice to You. My Local Adda assumes right to also suspend the operation of its
Platform for some hours for support or technical upgradation, maintenance work,
in order to update the content or for any other reason.
It is Your responsibility to review these “Terms of Use” periodically for
updates / changes. Your continued use of the Platform following the posting of
changes will mean that You accept and agree to the revisions. As long as You
comply with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Platform.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly
accepting these Terms of Use, You also accept and agree to be bound by My Local
Adda Policies (including but not limited to Privacy Policy, other policies and
terms) as amended from time to time.
PART A- GENERAL
TERMS:
1. Registration Eligibility:
1.Transaction on the Platform is available only to persons who can form
legally binding contracts under Indian Contract Act, 1872. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 including un-discharged insolvents etc. or the User who is suspended
and blocked by My Local Adda from accessing the Platform for any reason
whatsoever are not eligible to use the Platform.
2. My Local Adda reserves the right to refuse access to the Platform, at
any time to new Users or to terminate or suspend access granted to existing
Users at any time without according any reasons for doing so.
3.If You are a minor i.e. under the age of 18 years, You may use the
Platform or access content on the Platform only under the supervision and prior
consent/ permission of a parent or legal guardian.
As a minor, if You wish to transact on the Platform, such transaction on
the Platform may be made by Your legal guardian or parents. We reserve the
right to terminate Your registration and/ or refuse to provide You with access
to the Platform if it is brought to Our notice or if it is discovered that You
are under the age of 18 years and transacting on the Platform.
4. You shall not have more than one active Account on the Platform.
Additionally, You are prohibited from selling, trading, or otherwise
transferring Your Account to another party or impersonating any other person
for the purposing of creating an account with the Platform.
2. Registration/ Your Account:
You shall be permitted to access the Platform, avail Our Services only
upon creating an Account and obtaining a registration on the Platform. Your
ability to continue using the Platform, Our Services are subject to Your
continued registration on the Platform. You will be required to enter Your
personal information including Your name, contact details, and other relevant
information while registering on the Platform (as asked by My Local Adda).
As a part of the registration, You may be required to undertake a
verification process to verify Your personal information and setting up the
Account.
We shall have the right to display the information, feedback, ratings,
reviews etc. provided by You on the Platform. You agree and accept that as on
the date of Your registration on the Platform, the information provided by You
is complete, accurate and up-to-date.
You acknowledge and accept that My Local Adda has not independently
verified the information provided by You. My Local Adda shall in no way be
responsible or liable for the accuracy or completeness of any information
provided by You.
If You provide any information that is untrue, inaccurate, not current or
incomplete, or My Local Adda has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, My Local Adda
reserves the right to suspend or terminate Your Account and refuse any and all
current or future use of the Platform (or any portion thereof) at any time.
We reserve the right to not provide You Our services or cancel Your
registration or edit content at anytime without giving You prior notice, if we
suspect that Your intention of using Our services is deceptive, unfaithful,
troubling us in bad faith or the services that You are offering via our
Platform is not genuine, incomplete, inaccurate, illegal, misleading, includes
some unlawful activity or is offensive on moral, religious, racial or political
grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
3. User Responsibility related to Account:
If You use Our Platform, You are solely responsible for maintaining the
confidentiality of Your account and password and for restricting access to Your
computer or any device to prevent unauthorised access to Your account. You
agree to accept responsibility for all activities that occur under Your account
or password. You should take all the necessary steps to ensure that the
password is kept confidential and secure and use “Forgot password” immediately
if You have any reason to believe that Your password has become known to anyone
else, or if the password is being, or is likely to be, used in an unauthorised
manner.
Please ensure that the details You provide Us with are correct,
up-to-date and complete. You can access and update much of the information You
provided us with in the My Profile area
of the Platform.
4. User Information:
You are solely responsible for and in control of the information You
provide to Us. Compilation of User Accounts and User Account bearing contact
number, e-mail addresses and other information are owned by My Local Adda.
Further, You understand and agree that certain information will be case
sensitive and must be handled with a prudent care.
In the case where the Platform is unable to establish unique identity of
the User against a valid mobile number or e-mail address, the Account shall be
indefinitely suspended. My Local Adda reserves the full discretion to suspend a
User's Account in the above event and does not have the liability to share any
Account information whatsoever.
5. Communications:
When You use the Platform or send emails or other data, information or
communication to Us, You agree and understand that You are communicating with
Us through electronic records and You consent to receive communications via
electronic records from Us periodically and as and when required. We may
communicate with You by email or by such other mode of communication,
electronic or otherwise.
6. Services Offered:
My Local Adda is a next generation online facilitator in the
digital space that is committed to facilitate multiple services and providing
an online Platform to the Users under one umbrella. Thus, it provides–
1) a Platform for the sellers to display, show, advertise, exhibit, make
available various new Products (including but not
limited to mobile and electronics; appliances; household utilities; home
supplies; men, women and kids’ fashion merchandise; accessories etc.) on the
Platform for other Users (who are Buyers/Customers) (Sellers’ Terms and
Conditions mentioned separately in Seller Terms of Use);
2) a Platform for such other Users (Buyers/Customers) to view the new Products displayed by the
Sellers and connect with them on the Platform to buy the same and to make
payments to the Sellers for the purchase of the new Products displayed on the
Platform;
3) a Platform for the Users to display, show, advertise, exhibit, make
available various old or second hand Products or pre-owned products (including
but not limited to mobile and electronics; appliances; household utilities;
home supplies; men, women and kids’ fashion merchandise; accessories etc.) on
the Platform for other Users (who are Buyers /Customers);
4) a Platform for such other Users (Buyers/Customers) to view the
various old or second hand Products or pre-owned products which
are displayed, showed,
advertised, exhibited and make available by the Users on the Platform and to
make payments to them for the same;
5) a Platform to facilitate pick
up and drop off services
where one can send packages from one location to the other through the Delivery
Partner ("Pick Up and Drop
Off Services") (Terms and Conditions mentioned separately);
6) a Platform to access and become member of a rich collection of Local
Online Business Directory. (Terms and Conditions mentioned separately);
7) a Platform to facilitate the display of immovable property
(Residential, Commercial and Industrial) where the Sellers of the immovable
property (Residential, Commercial and Industrial) can sell their property to
the potential Buyers and the Buyers of such property can purchase immovable
property without paying any brokerage subject to the terms and conditions.
(Terms and Conditions mentioned separately);
8) a Platform which can facilitate owners of immovable property and
tenant to find each other without paying any brokerage. (Terms and Conditions
mentioned separately);
9) such other services as are incidental and ancillary thereto. The
Services are offered to the Users through various modes which may include issue
of local coins, cash coins, coupons, rewarding points, vouchers etc. that can
be redeemed for various Products and Services.
7. Privacy:
Please review Our Privacy
Policy, which also governs Your visit to My Local Adda, to understand
Our practices. The personal information/ data provided to Us by You during the
course of usage of My Local Adda will be treated as strictly confidential and
in accordance with the Privacy Policy and applicable laws and regulations. If
You object to Your information being transferred or used, please do not use the
Platform.
8. Access to My Local Adda:
We will do Our utmost to ensure that availability of the Platform will be
uninterrupted and that transmissions will be error-free. However, due to the
nature of the Internet, this cannot be guaranteed. Also, Your access to the
Platform may also be occasionally suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities or services at any time
without prior notice. We will attempt to limit the frequency and duration of
any such suspension or restriction.
9. Platform for Transaction and Communication:
My Local Adda is a Platform for Users to meet and interact with one
another for their transactions. Thus, My Local Adda is only a facilitator and
is not and cannot be a party to or control in any manner any transaction
between the Platform's Users.
10. Obligations of User:
a) The accuracy of the Registration Data given to My Local Adda for the
Services shall be the sole responsibility of the User;
b) Any licenses, permits, consents, approvals and intellectual property
or other rights as may be required for using the Service shall be obtained by
the User at his own cost;
c) The User will ensure compliance with all notices or instructions given
by My Local Adda from time to time to enable the use of the Services;
d) The User understands and agrees that User is responsible for all
applicable taxes and for all costs that are incurred in using My Local
Adda Services;
e) The User shall be solely responsible for all information retrieved,
stored and transmitted through the Services by him;
f) The User shall keep confidential and not disclose to any person the
User's password and User identification and all activities and transmission
performed by the User through his User identification and shall immediately
change its password through “Forgot password” in case of any un-authorized use
of the User's account or any other breach of security known to the User;
g) My Local Adda in its sole discretion shall reserve the right to
edit, modify and alter the content. The User will indemnify My Local Adda
for any action or claim committed/made by any third party resulting from any
information posted on the Platform by the User or/and anybody else on his behalf;
h) My Local Adda does not accept any responsibility towards the data
entered in Our Platform. The User who has entered the data is fully responsible
for any wrong data entered and be liable for any and all action taken by third
party (whether civil/criminal). My Local Adda however will endeavour to use the
best industry practice of weeding out all wrong data/ false data entered and
undertakes to withdraw all such data with its capacity;
i) The User agrees that any data entered into herein can and shall be
saved, used and commercially exploited by My Local Adda and User hereby
warrants and covenants that all data entered into the Platform is true and
correct and belongs exclusively to him and not to any other third party.
11. Prohibited Actions/Conduct of User:
a) The User undertakes not to resell or assign his/her rights or
obligations under these Terms & Conditions. User also agrees not to make
any unauthorized commercial use of the Services;
b) The User shall use the Service only for the purpose for which it is
registered;
c) The User shall comply with all applicable laws (and shall not
contravene any applicable law) of India relating to the Services, including any
regulation made pursuant thereto;
d) The User shall not print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information posted by any
User on My Local Adda except such data and information which is
posted by the particular User himself.;
e) The User shall not share the Service with any person without the prior
written approval of My Local Adda;
f) The User shall not use the Service for any unlawful purpose including
without limitation criminal purposes;
g) The Service shall not be used to send or receive any message, which is
offensive on moral, religious, racial or political grounds or of an abusive,
indecent, obscene, defamatory or menacing nature;
h) The User shall be prohibited if they persistently send messages or
make postings on My Local Adda to Us, any other User or third party who
access My Local Adda without reasonable cause or for causing any
threat or/and harassment or/and annoyance or/and anxiety or/and any other
inconvenience whatsoever caused to Us or any person;
i) The User shall not infringe on any intellectual property rights of any
person or/and retain information in any computer system or otherwise with an
intention to do so;
j) The User shall give out to My Local Adda a non-exclusive, worldwide,
royalty-free, irrevocable, sub-license able (through multiple tiers) right to
exercise all copyright and publicity rights, in any existing or future media,
known or unknown, over the material or User Data displayed in Your listings.
For the purpose of this Agreement, "User Data" shall mean all
information (if any) submitted by the User to My Local Adda with the
exception of trading data, credit card numbers, checking account numbers, etc.
"Individually Identifiable User Data" shall mean that subset of
"User Data" which can be reasonably used to identify a specific
individual such as their name, address, phone number, etc. The User Data shall
be deemed to be the property of My Local Adda. The User shall take all
reasonable efforts to ensure that it is accurate and complete and not misleading
in any way;
k) User agrees not to make use of anyone else's Information other than as
necessary to complete any transactions in which You are involved;
l) The User shall not violate, or attempt to violate the security
of My Local Adda and/or any web sites linked to My Local
Adda or gain un-authorized access of any information regarded as private
by other Users or persons, including but without limitation to accessing data
and information not intended for them or logging onto a server or account which
the User is not authorized to access, attempting to probe, scan or test the
vulnerability of a system or network or attempting to breach security or
authentication;
m) The User shall be prohibited to introduce, post or transmit any
information or software, which contains a virus, worm or other harmful
component into the internet or My Local Adda network system.
n) In the event that the User breaches any of the above mentioned
covenants, My Local Adda shall have the right to delete any material relating
to the violations. My Local Adda reserves the unilateral right to suspend
or/and deactivate the User's access to My Local Adda the Service
and/or any other related facility in case of violation of Terms of Use. In
addition to the right to indemnity available to My Local Adda, My Local Adda
shall have the right to any legal remedy, against the User to recover the loss
suffered by My Local Adda and the harm caused to the reputation of My Local
Adda, due to such violation by the User;
o) The Users shall avail the Services through My Local Adda or any
other related site for lawful purposes alone. Transmission or/and distribution
or/and storage of material or/and conduct in violation of any applicable local
or/and state or/and Central or/and foreign law or/and regulation is prohibited.
This includes without limitation any unauthorized use of material protected by
patent or/and copyright or/and trademark or/and other intellectual property
right, material that is obscene or/and defamatory or/and libelous or/and constitutes
an illegal threat, or/and violates rights of privacy or publicity, or/and
violates export control laws. The User may use the information on/through Our
Platform only to the extent necessary to facilitate the related transactions;
p) My Local Adda strongly opposes SPAM (also transmission of "junk
mail", "chain letters", or unsolicited mass mailing), which
floods the Internet with unwanted and unsolicited email and deteriorates the
performance and availability of the My Local Adda Platform. All forms
of SPAM, or any other activities that have the effect of facilitating SPAM, are
strictly prohibited;
q) My Local Adda also prohibits the use of another Internet service to
send or post SPAM to drive visitors to Your site hosted on or through My
Local Adda Platform, whether or not the messages were originated by You, under
Your direction, or by or under the direction of a related or unrelated third
party;
r) You agree that You shall not host, display, upload, modify, publish,
transmit, update or share any information on the Platform, that -
i) shall not, directly or indirectly, offer,
attempt to offer, trade or attempt to trade in any item, the dealing of which
is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force;
ii) shall not create liability for Us or cause Us to
lose (in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
We reserve the right, but has no obligation, to monitor the materials
posted on the Platform. My Local Adda shall have the right to remove or edit
any content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be
advised that such Content posted does not necessarily reflect My Local Adda
views. It is to be noted that the admin panel of My Local Adda just checks the
attributes of picture posted by the Seller (whether it is clear, visible or not
etc. and as per the dimensions of the policies of My Local Adda) and thus
approves the request of the Seller. Further, My Local Adda is not bound to
necessarily check all the content posted by the Seller. Thus, In no event shall
My Local Adda assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content
and/or appearance of Content on the Platform. You hereby represent and warrant
that You have all necessary rights in and to all Content which You provide and
all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous, tortious,
or otherwise unlawful information.
1. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Platform, including payment
and delivery of related products or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
You and such advertiser. We shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Platform.
2. It is possible that other Users (including unauthorized Users or
"hackers") may post or transmit offensive or obscene materials on the
Platform and that You may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal
information about You due to Your use of the Platform, and that the recipient
may use such information to harass or injure You. We do not approve of such
unauthorized uses, but by using the Platform You acknowledge and agree that We
are not responsible for the use of any personal information that You publicly
disclose or share with others on the Platform. Please carefully select the type
of information that You publicly disclose or share with others on the Platform.
3. My Local Adda shall have all the rights to take necessary action and
claim damages that may occur due to Your involvement/participation in any way
on Your own or through group/s of people, intentionally or unintentionally in
DoS/DDoS (Distributed Denial of Services).
4. If You choose to browse or transact on the Platform using the voice
command-based shopping feature, You acknowledge that My Local Adda and/or its
affiliates will collect, store and use Your voice inputs on this feature to
customize Your experience and provide additional functionality as well as to
improve My Local Adda’s and/or its affiliates’ products and services. My Local
Adda’s and/or its affiliates’ use of Your voice data will be in accordance with
the My Local Adda Privacy Policy. You accept that Your use of this feature is
restricted to the territory of the Republic of India. This feature may not be
accessible on certain devices and requires an internet connection. My Local
Adda reserves the right to change, enhance, suspend, or discontinue this
feature, or any part of it, at any time without notice to You. Your continued
use of this feature constitutes Your acceptance of the terms related to this
feature.
12. Contents Posted on Platform:
1. All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party User generated content and My Local Adda
has no control over such third party User generated content as My Local Adda is
merely a facilitator for the purposes of this Terms of Use.
2. Except as expressly provided in these Terms of Use, no part of the
Platform and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Platform or other medium for publication or distribution or for any commercial
enterprise, without My Local Adda's express prior written consent.
3. You may use information on the products and services purposely made
available on the Platform for downloading, provided that You (1) do not remove
any proprietary notice language in all copies of such documents, (2) use such
information only for Your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such documents.
4. You shall be responsible for any notes, messages, emails, reviews,
ratings, billboard postings, photos, drawings, profiles, opinions, ideas,
images, videos, audio files or other materials or information posted or transmitted
to the Platform (collectively, "Content"). Such Content will become
Our property and You grant Us the worldwide, perpetual and transferable rights
in such Content. We shall be entitled to, consistent with Our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of use forever, including but not limited to promotional
and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include the
Content You provide. You agree that any Content You post may be used by Us,
consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned
herein, and You are not entitled to any payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS
AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE
PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR
LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR
CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
13. Claims against Objectionable Content:
As My Local Adda is a facilitator of multiple services from different
spheres and disciplines under one umbrella to its Users on its Platform and
hosts many thousands of comments, thus, it is not possible for Us to be aware
of the contents of each product listed for sale, each property listed for rent
or sale, or about any comment or review or information that is displayed on the
Platform for different services delivered. Accordingly, My Local Adda operates
on a "notice and takedown" basis. If You believe that any content on
the Platform is illegal, offensive (including but not limited to material that
is sexually explicit content or which promotes racism, bigotry, hatred or
physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or
menacing; ethnically objectionable, disparaging; or is otherwise injurious to
third parties; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens the
unity, integrity, security or sovereignty of India or friendly relations with
foreign States; or objectionable or otherwise unlawful in any manner
whatsoever; or which consists of or contains software viruses,
("Objectionable Content"), please notify Us by filling this Notice for reporting Objectionable
Content immediately and send Us gsjshownsell@gmail.com. Once this procedure has been followed, My
Local Adda will make all reasonable endeavours to remove such Objectionable
Content complained about within a reasonable time.
14. Disclaimer of Warranties and Liabilities:
All the Services (related to display of new goods, second-hand goods;
display of immovable property for sale/purchase/rent purposes; information
provided by Local Online Business Directory; Pick up and drop off Services by
Delivery Partner etc.) on or otherwise made available to You through this/ on
this Platform are provided on "as
is" and "as
available" basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to
the forgoing paragraph, My Local Adda does not warrant that:
My Local Adda will not be liable to You in any way or in relation to the
Contents of, or use of, or otherwise in connection with, the Platform. My Local
Adda does not warrant that any information, content, materials, product
(including software), property or services included on or otherwise made
available to You through the Platform; their servers; or electronic
communication sent from Us are free of viruses or other harmful components;
15. Intellectual Property Rights:
Platform is controlled and operated by My Local Adda which is a brand owned and controlled by GSJ SHOWNSELL ONLINE PRIVATE LIMITED and
all the services here are offered by respective third parties to the Users. The
Platform and process, and their selection and arrangement, including but not
limited to, all texts, images, videos, graphics, user interfaces, visual interfaces,
sounds and music (if any), artwork, algorithm, button icon, digital downloads,
data compilations and computer code (and any combination thereof), except any
third party software available on the Platform, is owned by My Local Adda (“My Local Adda Property”) and
the design, structure, selection, co-ordination, expression, look and feel and
arrangement of such My Local Adda Property is protected by copyright, patent
and trademark laws, and various other intellectual property rights. You are not
permitted to use My Local Adda Property without the prior written consent of My
Local Adda.
The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of My
Local Adda, except any trademark, logos and service marks of third parties
available on the Platform. You are not permitted to use the Marks without the
prior consent of My Local Adda or such third party as may be applicable.
Further, in case You feel that Your Intellectual Proprietary Right is
infringed then You can notify My Local Adda for the same by filling Notice/ Form for claim of IP
infringement and send us at gsjshownsell@gmail.com for deleting the said item from Our Platform.
If Your claim of IP infringement proves out to be wrong, false or misleading
then My Local Adda shall be having all the rights to start civil/ criminal
action against You.
16. Trademark:
MY LOCAL ADDA is a registered Trademark of GSJ SHOWNSELL ONLINE PRIVATE LIMITED. My
Local Adda’s trademark and trade dress may not be used in connection with any
product or service that is not My Local Adda's, in any manner that is likely to
cause confusion among Customers, or in any manner that disparages or discredits
My Local Adda. All other trademarks not owned by My Local Adda that appear on
this Platform are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by My Local Adda.
17. Disclaimer:
You further acknowledge and undertake that You will use the Platform to
avail services facilitated on My Local Adda Platform only for Your personal use
and not for business purposes (unless You have registered Yourself as Seller or
Provider of Services or for the business purposes). We shall neither be liable
nor responsible for any actions or inactions of Sellers or Manufacturers or
Service Providers or any User nor any breach of conditions, representations or
warranties by the Sellers or Manufacturers or any User of the Products/Services
or Seller/Landlord or any User of Property and hereby expressly disclaim and
any all responsibility and liability in that regard. We shall not mediate or
resolve any dispute or disagreement between You and the Sellers or Manufacturers
or Service Providers or any User of the product/Property/Service.
We further expressly disclaim any warranties or representations (express
or implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness for a
particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or
specifications) on the Platform. While We have taken precautions to avoid inaccuracies
in content, this Platform, all content, information (including the price of
products), software, products, services and related graphics are provided as
is, without warranty of any kind. We do not implicitly or explicitly support or
endorse the sale or purchase or renting or tenancy of any products/property or
any services offered on the Platform. At no time shall any right, title or
interest in the products sold/property sold/services availed through or
displayed on the Platform vest with My Local Adda nor shall My Local Adda have
any obligations or liabilities in respect of any transactions on the Platform.
IT IS TO BE NOTED THAT MY LOCAL ADDA IS JUST A FACILITATOR WHO ALLOWS YOU TO
DISPLAY AND SHOW YOUR PRODUCTS, SERVICES, PROPERTY ON THE PLATFORM AND THUS MY
LOCAL ADDA EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS (EXPRESS OR
IMPLIED) FOR THE TRANSACTION AND CONTENT TAKEN PLACE ON THE PLATFORM.
18. Indemnity and Release:
You shall indemnify and hold harmless My Local Adda, its owner,
directors, licensee, affiliates, subsidiaries, and their respective officers,
proprietor, agents, and employees, etc. from any claim or demand, or actions
including reasonable attorneys' fees, made by any third party or penalty
imposed due to or arising out of Your breach of this Terms of Use, Privacy
Policy and other Policies/Terms, or Your violation of any law, rules or
regulations or the rights (including infringement of intellectual property
rights) of a third party.
You hereby expressly release My Local Adda and/or its affiliates and/or
any of its directors, officers and representatives etc. from any cost, damage,
liability or other consequence of any of the actions/inactions of the
vendors/service providers etc. and specifically waiver any claims or demands
that You may have in this behalf under any statute, contract or otherwise.
19. Losses:
We will not be responsible for any business loss (including loss of
profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both You and Us when You commenced using the Platform.
20. Limitation of Liability:
In no event shall My Local Adda be liable for any indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
Thus, It is to be noted by the Users that We
are just a displayer and facilitator which is providing a Platform where
sellers can sell new products by displaying their items on Platform and Buyers
can buy such products accordingly by viewing such products displayed by them on
the Platform; users can display their old/second-hand/pre-owned products on the
Platform which can be bought by users by viewing them, sellers can display any
immovable property or any immovable property be rented as well by displaying
the details of the same on the Platform and potential Buyers can buy such
immovable property and potential tenant can find suitable immovable property as
the case may be; service in which goods/items/packages can be picked up from
one location and dropped off to another location through third party Delivery
Partner; online directory can be accessed etc. Thus, We shall not be liable for
any breach of Terms of Use/ Privacy Policy or any law of land by the
Seller/Delivery Partners or any Service Provider who uses Our Platform to
fulfil User’s demands or any expectation. My Local Adda shall be under no
obligation if any damages occur or if any harm or injury of any type be it
financial or mental etc. is caused by any third party to Users or vice versa
while using Our Platform.
21. Termination:
My Local Adda may suspend or terminate Your use of the My Local Adda or
any Service if it believes, in its sole and absolute discretion that You have
infringed, breached, violated, abused, or unethically manipulated or exploited
any term of these Terms of Use or anyway otherwise acted unethically.
Notwithstanding anything in this clause, these Terms of Use will survive
indefinitely unless and until My Local Adda chooses to terminate them.
a) If You or My Local Adda terminates Your use of the Platform or any
Service, My Local Adda may delete any content or other materials relating to
Your use of the Service and My Local Adda will have no liability to You or any
third party for doing so. However, Your transactions details may be preserved
by My Local Adda for purposes of tax or regulatory compliance etc.
b) My Local Adda may unilaterally terminate Your account on any event as
mentioned in the Terms Of Use. Any credits or reward points or coins etc.
earned through different schemes and programs etc. as conducted/organised by My
Local Adda in this case shall be forfeited. Further, any pending refunds etc.
if any will be forfeited in such case as well. However, Returns/Refund for such
Users shall be at the sole discretion of the Seller as the case may be.
c) If You use any false Mobile no. and e-mail address or use the portal
for any unlawful and fraudulent purposes, which may cause annoyance and
inconvenience and abuses any policy and rules of My Local Adda or mislead My
Local Adda by sharing multiple addresses and phone numbers or transacting with
malafide intentions then My Local Adda reserves the right to refuse access to
the portal, terminate accounts including any linked accounts without notice to
You.
22. Governing Law:
These terms shall be governed by and constructed in accordance with the
laws of India without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of
courts, tribunals, fora, applicable authorities at Bikaner. The place of
jurisdiction shall be in Bikaner.
23. Alteration of Service or Amendments to the
Condition:
We reserve the right to make changes to Our Platform, Policies, and these
Terms of Use at any time whenever We deem fit. You will be subject to the
Policies and Terms of Use in force at the time that You use the Platform or You
use the services displayed and facilitated to You on My Local Adda Platform,
unless any change to those Policies or these Terms is required to be made by
law or government authority (in which case it will apply to orders previously
placed by You). If any of these terms is deemed invalid, void, or for any
reason unenforceable, that term will be deemed severable and will not affect
the validity and enforceability of any remaining terms.
24. Events beyond Our reasonable control (Force
Majeure):
We will not be held responsible for any delay or failure to comply with
Our obligations under these terms if the delay or failure arises from any cause
which is beyond Our reasonable control. This term does not affect Your
statutory rights.
Further, Seller shall be prevented from effecting deliveries of the Goods
or any of them by reason of either an act of god, insurrection, riot, war
hostilities, terror attacks, warlike operations, piracy, arrests, pandemic,
restraints or detainments by any competent authority, strikes or combinations
or lock- out of workmen, fire, floods, droughts, earthquakes, permanent or
temporary delay or inability to obtain labor, material or services through
Seller’s usual and regular sources, or any other circumstances (whether of a
nature similar to those specified, or not) beyond the absolute control of the
Seller, then, in each such cases, the obligation of the Seller to effect deliveries
hereunder shall be suspended until after such prevention shall cease to
continue. Should any deliveries under this Contract be suspended under this
clause as per the Selling policy of the Seller– either party may withdraw from
this Contract and be relieved from any liability; provided however, that Buyer
shall nevertheless accept delivery and pay for such Goods once the Seller is
able to deliver in accordance with the period(s) of shipment named in this
Contract or Selling Policy of the Seller. Seller shall not be liable for, and
be relieved from, any loss or damages of any kind resulting from the causes
mentioned herein above.
In case, the order has been generated and the Delivery Partner of My
Local Adda has picked up the product from Seller’s Shop for effecting delivery
to the Buyer and in between (before reaching the Buyer’s destination) some
events occur (mentioned in above paragraph) which are beyond control of
Delivery Partner, in such cases- if the amount of the same has already been
paid by the Buyer then such amount shall be refunded to him and 50% would be
borne by the Seller and 50% would be borne by My Local Adda’s Delivery Partner
(only after examining situation of the event). In case, no payment has been
done by the Buyer to the Seller for the Product, under such circumstances the
product shall be delivered back to Seller (as the situation
mandates).
25. Waiver:
If You breach these Terms of Use and We take no action, We will still be
entitled to use Our rights and remedies in any other situation where You breach
these terms.
26. Payment:
Payment of goods and services by Buyer to Seller after purchasing goods
or availing services as the case may be is a BIPARTITE CONTRACTUAL OBLIGATION
BETWEEN SELLER AND BUYER. IT IS IMPORTANT TO NOTE THAT MY LOCAL ADDA IS ONLY AN
ONLINE FACILITATOR AND DISPLAYER OF SELLER’S PRODUCTS ON ITS PLATFORM AND
FACILITATES BUYER-SELLER ENGAGEMENT ON ITS PLATFORM THUS IT HAS NO ROLE IN THE
PAYMENT TRANSACTIONS BETWEEN SELLER AND BUYER.
27. Programs and Schemes:
a) Gift-Coupon Wheel: Gift-Coupon Wheel is only for
Entertainment purpose and to increase User Engagement in Our Platform. It is
available for Shoppers and Sellers both.
b) Reward
Points: These Reward Points are based on User’s Engagement
Behaviour, No. of Purchases on My Local Adda Platform. The more User’s
engagement and number of purchases, the more will be User’s chance to gain
these Reward Points. Further, at a given time (based on User’s purchases on the
Platform), these Reward Points will be converted into Coins and Schemes which
the User can use for his/her further purchases or benefits on the Platform.
c) My Coupons: Coupons are generally generated and
provided by Seller of the Products. However, in many cases Coupons upon
qualifying Products may be provided by My Local Adda as well according to its
discretion.
Further the terms related to Coupons are as follows:-
28. Severability:
If any provision of this Agreement is unenforceable or invalid, this
Agreement shall be interpreted and enforced to the greatest extent possible as
if the unenforceable provision or portion had never been a part thereof.
29. Our Details:
My Local Adda is a brand owned and operated by GSJ SHOWNSELL ONLINE PRIVATE LIMITED, a
Company incorporated under the Companies Act, 2013 having its Registered Office
at “50 K, “Ratan Jatan Kutir”, Banthia Chowk, Near Mohta Chowk, Bikaner,
Rajasthan, 334001 India and Operational Business Office at 344, Vijay Shopping
Mall, Kotegate, Bikaner, Rajasthan 334001 India.
30. Contact Us:
Please contact Us at (+91-7230003072) for
any questions or comments or queries regarding this Platform.
31. Grievance Officer:
In accordance with Information Technology Act 2000 and other applicable
rules, the name and contact details of the Grievance Officer are provided
below:
Mr. Mohit Banthia
My Local Adda
344, Vijay Shopping Mall, Kotegate, Bikaner,
Rajasthan 34001 India
Contact Us-
Email: gsjshownsell@gmail.com
Phone: +91-7230003072
Time: Mon - Sat (9:00 - 18:00)
PART B- TERMS OF SALE:
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND
SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING AND
DISPLAYING THE SAME ON THE PLATFORM AND BUYER HAS ACCEPTED SUCH OFFER OF THE
SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE PLATFORM. THESE TERMS
OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING,
EXHIBITING AND DISPLAYING THE PRODUCT ON THE PLATFORM, AND SHALL BE EFFECTIVE
AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED
AND DISPLAYED BY THE SELLER. IT SHALL BE NOTED THAT THESE TERMS OF SALE IS APPLICABLE
TO ALL THE SELLERS.
In these Terms of Sale, a User who purchases various Products (as defined
below) from the Seller from the URL www.mylocaladda.com including mobile site and
mobile application under the name and style "My Local Adda"
(hereinafter called “Platform”) is referred to as "Buyer" and
“Shopper” as well and the Seller is referred to as an individual or any legal
entity who list, display, advertise, exhibit, offers to sell, make available,
market, sale and deliver any Products through the Platform to the Buyer
(referred to as "Seller"). These Terms of Sale describe, inter alia,
the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the
purchase of goods and services "Products" or “Items” through the
Platform from the Seller. These Terms of Sale also contains certain statements
and disclaimers made by My Local Adda which shall be binding on Buyer and
Seller, as the case may be. In this “Terms of Sale”, “You” shall mean “Buyer”
sometimes and sometimes “Seller” as well as the context and circumstances of
the Terms demand. Sometimes both Buyer and Seller are collectively referred to
as "You" or “User” with its grammatical variations and cognate
expressions. Further, “We”, “Our” and “Us” here shall mean “My Local Adda.”
Further, it is to be noted that words referring to masculine include the
feminine and the singular include the plural and vice versa as the context
admits or requires; and Words importing persons includes individuals, bodies
corporate and unincorporated.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE LISTING/DISPLAYING ANY
PRODUCT OR BEFORE PURCHASING ANY PRODUCTS. THESE TERMS OF SALE ARE IN ADDITION
TO VARIOUS AGREEMENTS, TERMS, PRIVACY POLICY, TERMS OF USE AND ALL OTHER
POLICIES OF THE PLATFORM. FURTHER, SELLER IS MANDATORILY REQUIRED TO READ AND
ACCEPT SELLER TERMS OF USE AS WELL WHICH SETS OUT THE TERMS AND CONDITIONS OF
SELLER TO LIST OR DISPLAY THEIR PRODUCTS/ITEMS ON MY LOCAL ADDA PLATFORM.
SELLER TERMS OF USE STIPULATES RELATIONSHIP OF MY LOCAL ADDA WITH SELLER AND
INCLUDES ALL THE TERMS AND CONDITIONS THAT HE NEEDS TO FOLLOW TO LIST OR
DISPLAY HIS PRODUCTS ON MY LOCAL ADDA PLATFORM. IF A SELLER DOES NOT AGREE WITH
THESE TERMS OF SALE ALONG WITH SELLER TERMS OF USE, PLEASE DO NOT LIST OR AGREE
TO DISPLAY OR MAKE ANY OFFER FOR SALE OF ANY PRODUCTS ON THE PLATFORM AND IF A
BUYER DOES NOT AGREE TO THESE TERMS OF SALE AND ADDITIONAL TERMS OF SALE,
PLEASE DO NOT BUY OR ATTEMPT TO BUY ANY PRODUCT LISTED ON THE PLATFORM.
BY CLICKING ON THE "I ACCEPT"
BUTTON, YOU ACCEPT THIS TERMS OF SALE AND AGREE TO BE LEGALLY BOUND BY THE
SAME.
These Terms of Sale are subject to revision at any time and hence both
Buyers and Sellers are requested to carefully read these Terms of Sale from
time to time before listing or displaying any Product or before making any
purchase of the Products. The revised Terms of Sale shall be made available on
the Platform. If such a facility is provided, You may determine when these
Terms of Sale were last modified by referring to the "Last Updated"
legend provided above.
You are requested to regularly visit the Platform to view the most
current Terms of Sale. It shall be Your responsibility to check these Terms of
Sale periodically for changes. Your continued use of the Platform following
such changes and modifications to the Platform or these Terms of Sale will
constitute Your acceptance of such changes or modifications.
1. Registration Eligibility:
a) Transaction on the Platform is available only to persons who can form
legally binding contracts under Indian Contract Act, 1872. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 including un-discharged insolvents etc. or the User who is suspended
and blocked by My Local Adda from accessing the Platform for any reason
whatsoever are not eligible to use the Platform.
b) My Local Adda reserves the right to refuse access to the Platform, at
any time to new Users or to terminate or suspend access granted to existing
Users at any time without according any reasons for doing so.
c) If You are a minor i.e. under the age of 18 years, You may use the
Platform or access content on the Platform only under the supervision and prior
consent/ permission of a parent or legal guardian.
d) As a minor, if You wish to buy on the Platform, such transaction on
the Platform may be made by Your legal guardian or parents. We reserve the
right to terminate Your registration and/ or refuse to provide You with access
to the Platform if it is brought to Our notice or if it is discovered that You
are under the age of 18 years and transacting on the Platform.
e) You shall not have more than one active Account on the Platform.
Additionally, You are prohibited from selling, trading, or otherwise
transferring Your Account to another party or impersonating any other person
for the purposing of creating an account with the Platform.
2. Registration/Your Account:
a) In order to use the Platform and avail My Local Adda Services, You
will have to register on the Platform and create an account with a unique user
identity and password ("Account").
If You are using the Platform on a compatible mobile or tablet, You will have
to install the application and then proceed with registration. You will be
responsible for maintaining the confidentiality of the Account information, and
are fully responsible for all activities that occur under Your Account. You
agree to (i) immediately change your password by using “Forgot your password”
if you suspect any unauthorized use of Your Account information or any other
breach of security, and (ii) [ensure that You exit from Your Account at the end
of each session.] My Local Adda cannot and will not be liable for any loss or
damage arising from Your failure to comply with this provision. You may be held
liable for losses incurred by My Local Adda or any other User of or visitor to
the Platform due to authorized or unauthorized use of Your Account as a result
of Your failure in keeping Your Account information secure and confidential.
Use of another User’s Account information for using the Platform is expressly
prohibited.
b) You as a Buyer or Shopper shall be permitted to access the Platform,
avail My Local Adda Services and connect with Sellers and Delivery Partners on
the Platform only upon creating an Account and obtaining a registration on the
Platform. Similarly, as a Seller, if You want to list or display Your Products
on My Local Adda Platform, You require to register on Our Platform as Seller.
Your ability to continue using the Platform, My Local Adda Services is subject
to Your continued registration on the Platform. You will be required to enter
Your personal information including Your name, contact details, valid phone
number, address etc. while registering on the Platform (as asked by Us). As a
part of the registration, You may be required to undertake a verification
process to verify Your personal information and setting up the Account.
c) My Local Adda shall have the right to display the information,
feedback, ratings, reviews etc. provided by You on the Platform. You agree and
accept that as on the date of Your registration on the Platform, the
information provided by You is complete, accurate and up-to-date. In the event
of any change to such information, You shall be required to promptly inform My
Local Adda of the same. My Local Adda shall in no way be responsible or liable
for the accuracy or completeness of any information provided by You. If You provide
any information that is untrue, inaccurate, not current or incomplete, or My
Local Adda has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, My Local Adda reserves the right to
suspend or terminate Your Account and refuse any and all current or future use
of the Platform (or any portion thereof) at any time.
3. Buying/Selling Services:
I. The Platform
provides You with the following services in connection with Buying and Selling:
II. Platform
for Pharmaceutical Products/Medicines:
1. Through the Platform, My Local Adda facilitates the purchase of drugs
and other pharmaceutical products, and services as well offered for sale by Third
Party Pharmacies or Medical Stores (“Pharmaceutical
Goods and Services”). You understand and agree that My Local Adda is
merely providing hosting and displaying services to You and persons browsing /
visiting the Platform. All items offered for sale on the Platform, and the
content made available by the Third Party Pharmacies, are third party user
generated contents and third party products. My Local Adda has no control over
such third party user generated contents and/ Pharmaceutical/Medical Goods and
Services and does not - originate or initiate the transmission, or select the
sender/recipient of the transmission, or the information contained in such
transmission. The authenticity and genuineness of the Pharmaceutical/Medical
Goods and Services made available by the Third Party Pharmacies/Medical Stores
through the Platform shall be the sole responsibility of the Third Party
Pharmacies. You understand and agree that My Local Adda shall have no liability
with respect to the authenticity of the Pharmaceutical/Medical Goods and
Services being facilitated through the Platform.
2. You understand and agree that all commercial / contractual terms, with
respect to the sale/ purchase/ delivery and consumption of the
Pharmaceutical/Medical Goods and Services are offered by and agreed to between
You and the Third Party Pharmacies/Medical Stores and the contract for purchase
of any of the Pharmaceutical Goods and Services, offered for sale on the
Platform by the Third Party Pharmacies/Medical Stores shall strictly be a
bipartite contract between the Third Party Pharmacies/Medical Stores and You.
3. The commercial / contractual terms include without limitation - price,
shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties and other things related to Pharmaceutical/Medical Goods
and Services offered for sale by the Third Party Pharmacies, and after sales
services related to such Pharmaceutical/Medical Goods and Services. My Local
Adda does not have any control over, and does not determine or advise or in any
way involve itself in the offering or acceptance of, such
commercial/contractual terms offered by and agreed to, between You and the
Third Party Pharmacies/Medical Stores.
4. It is mandatory for all the third party Pharmacies and Medical Stores
to obtain license for the same and upload it on My Local Adda’s application.
They shall be entitled to list or display Pharmaceutical/Medical Goods and
Services on the Platform only when they have obtained License of selling the
same. Further, all the Pharmacies and Medical Stores shall compulsorily follow
all the government rules and regulations which are applicable to them to
list/display Pharmaceutical/Medical Goods and Services and would be required to
deliver such Pharmaceutical/Medical Goods and Services to Buyer only after
receiving the Prescription of Doctor from them.
IT IS TO BE NOTED THAT MY LOCAL ADDA SHALL ONLY PROVIDE A PLATFORM TO
THESE PHARMACIES AND MEDICAL STORES TO SUPPLY/LIST/SHOW THEIR
PHARMACEUTICAL/MEDICAL GOODS AND SERVICES ON ITS PLATFORM AND EXPECTS THAT
THESE PHARMACIES AND MEDICAL STORES WILL FOLLOW ALL THE GOVERNMENT AND MY LOCAL
ADDA RULES AND REGULATIONS WHICH THEY NEED TO FOLLOW. IN NO EVENT, MY LOCAL
ADDA SHALL BE HELD LIABLE OR RESPONSIBLE FOR ANY DISCREPANCY ON THEIR PART AND
THUS WOULD NOT BE HELD LIABLE FOR THE SAME TO EITHER PARTY IN ANY SITUATION.
4. Offer and Acceptance of the Product:
The Seller hereby makes an offer to sell the Products by listing or
displaying it on the Platform and the Buyer upon agreeing to purchase the
Products so listed or displayed by the Seller. ACCORDINGLY, THE CONTRACT FOR
SALE OF THE PRODUCT IS A BIPARTITE CONTRACT BETWEEN BUYER AND THE SELLER. MY
LOCAL ADDA IS NOT A THIRD PARTY BENEFICIARY UNDER SUCH BIPARTITE CONTRACT. IT
SHALL BE NOTED THAT MY LOCAL ADDA IS JUST A FACILITATOR AND DISPLAYER OF LISTINGS
OF ALL THE INDIVIDUALS OR ORGANISATIONS OR ANY LEGAL ENTITY WHO HAS AGREED TO
DISPLAY, LIST, ADVERTISE, EXHIBIT, OFFERS TO SELL, MAKE AVAILABLE, MARKET, SALE
AND DELIVER ANY PRODUCTS THROUGH THE PLATFORM TO THE BUYER OR SHOPPER. The
Buyer understands and agrees that the offer for sale of the Product by the
Seller is not an absolute or an un-conditional offer. Such offer to sale by the
Seller is subject to repudiation by the Seller at any time before the delivery
of the Product to the Buyer and without any obligation to assign or provide any
reason for such repudiation and without any consent from the Buyer and without
any liability or any obligation towards the Buyer. The Seller and Buyer
understand and agree that My Local Adda has the right to cancel any sale
transaction, listing or acceptance (i) for any reason in accordance with the
Seller Terms of Use, these Terms of Sale, Platform Terms of Use, Privacy Policy
or under any contract or policy between My Local Adda on one hand and the
Seller or the Buyer on the other hand, or (ii) under an order or instruction
from any statutory, quasi-judicial or judicial authority. (iii) in accordance
with the discretion of My Local Adda.
5. Your Information:
You are solely responsible for and in control of the information You
provide to Us. Compilation of Your Accounts and Your Account bearing contact
number and e-mail addresses are owned by My Local Adda. Further, You understand
and agree that certain information will be case sensitive and must be handled
with a prudent care.
In the case where the Platform is unable to establish unique identity of
Your Account against a valid mobile number or e-mail address, the Account shall
be indefinitely suspended. My Local Adda reserves the full discretion to
suspend a Your Account in the above event and does not have the liability to
share any Account information whatsoever.
6. Product(s):
My Local Adda is not liable for any infringement of intellectual property
rights arising out of materials posted on or transmitted through the Platform,
or items advertised/listed/displayed on the Platform, by end-users or any other
third parties. Though, My Local Adda respects the intellectual property rights
of all the entities. If You believe that Your intellectual property rights have
been violated in any manner, please reach out to Our legal department on gsjshownshell@gmail.com and
submit Your complaint by filling this notice/form for claim of IP Infringement. My Local Adda shall
endeavour to delete that listing from the Platform. Any incomplete or improper
details regarding infringement of the intellectual property rights may not be
considered. FURTHER, IT IS TO BE NOTED THAT MY LOCAL ADDA IS UNDER NO
OBLIGATION TO TAKE ACTION OR INITIATE ANY CIVIL/CRIMINAL PROCEEDING AGAINST THE
PERSON OR ORGANISATION WHO INFRINGES IP RIGHT OF ANY PERSON/ORGANISATION. MY
LOCAL ADDA ON BEING SATISFIED WITH THE CLAIM OF PERSON/ORGANISATION REGARDING
HIS IP INFRINGEMENT THROUGH THE NOTICE/FORM OF CLAIM SHALL DELETE SUCH LISTING
OR ADVERTISEMENT OF PRODUCT. HOWEVER TAKING ACTION/INITIATING ANY
CIVIL/CRIMINAL PROCEEDING AGAINST SUCH PERSON/ORGANISATION SHALL ENTERILY BE
UPON DISCRETION OF MY LOCAL ADDA. IT IS TO BE NOTED THAT IF YOUR CLAIM PROVES
OUT TO BE FALSE AND INACCURATE THEN MY LOCAL ADDA HAS ALL THE AUTHORITY TO TAKE
ACTION AGAINST YOU.
The availability of the Product under the offer to sell is subject to
change without notice prior to the purchase of the Product by the Buyer.
However, there may be circumstances where the Product may not be available to
be delivered to the Buyer after the purchase transaction. In such an event,
Seller may cancel or instruct My Local Adda to cancel such purchase transaction
without any recourse to Buyer and without any liability to the Seller or to My
Local Adda. If Buyer's order is so cancelled, after the payment has been
processed, the said amount will be reversed / remitted to the Buyer either to
the bank account provided by the Buyer for such reversal, or to the payment
instrument of the Buyer from which payment was made, or to any pre-paid payment
instrument account of the Buyer as agreed between Buyer and Seller.
With respect to the sale of Product by Seller to the Buyer, the Seller
hereby represents and warrants to the Buyer that:
7. Order acknowledgment:
When an Order is placed by Buyer to purchase a Product through Our
Platform, the notification of the same is sent to the Seller of the respective
Product. The Seller has all the right to accept and reject (as the case may be)
the said Order within reasonable time and then the message or notification of
acceptance or rejection of the Order by the Seller will be sent to the Buyer
and when the Product will be ready to pick up from Seller’s establishment -
Delivery Partner will receive notification of the same who will deliver the
consignment from the Seller to the Buyer’s place. (If Seller chooses My Local
Adda’s Delivery Partner)
8. Pricing Information:
The Selling Price of the Product is subject to change without notice
prior to the purchase of the Product by the Buyer. The Selling Price is
provided on the Platform on 'as is' basis as provided by the Seller. Due to
technical reasons there may be errors in Selling Price which may be corrected
by the Seller at any time and any acceptance of offer of sale by the Buyer of
the Products subject to such faulty Selling Price shall, subject to discretion
of the Seller, not be a valid acceptance and such transaction can be avoided by
the Seller.
9. Delivery of the Product:
Delivery of the ordered Products shall be undertaken either by Seller’s
Delivery Partner or by Our Delivery Partner as chosen by Seller.
a) In the presence of Delivery Partner, Seller shall pack the Product
(the order of which has been generated through My Local Adda Platform). It
shall be the duty of Delivery Partner as well to check that whether the
consignment is in accordance with the order generated by Buyer and descriptions
and specifications of the good or not. The risk of any damage, loss or
deterioration of the Products during the course of delivery or during transit
shall be on the Seller and not on the Buyer. It shall be noted that Seller
represent and warrant that the Products being delivered are not faulty and are
exactly those Products which are listed and advertised by Seller on the Platform
and purchased by the Buyer and meet all descriptions and specifications as
provided on the Platform.
b) Buyer's shipping address, pin code will be verified with the database
of Platform before a Buyer proceed to pay for Buyer's purchase. In the event
Buyer's order is not serviceable by the Delivery Partner or by Seller or the
delivery address is not located in an area that is covered under the order
confirmation form, Buyer may provide an alternate shipping address on which the
Product can be delivered by the Delivery Partner by the Seller.
c) Please note that there is no guaranteed dispatch time and any
information about the dispatch time is estimate only and should not be relied
upon as such. Therefore, time is not the essence of the bi-partite contract
between the Buyer and the Seller for purchase and sale of Product on or through
the Platform. However, the Product shall not be delivered to the Buyer unless
the Buyer makes the payment of the purchase of Product.
d) Buyer shall be bound to take delivery of the Products purchased by the
Buyer that are said to be in a deliverable state. Where Buyer neglects or
refuses to accept the delivery of the Products ordered by the Buyer, the Buyer
may be liable to the Seller for such non-acceptance and can further be liable
to My Local Adda for any loss of any fee or charges that My Local Adda and its
third parties shall have earned from the Seller if such delivery or transaction
should have been completed (depends upon My Local Adda’s discretion). Buyer acknowledges
that such damages or loss to My Local Adda and its third parties are not
consequential or indirect.
e) The title in the Products and other rights and interest in the
Products shall directly pass on to the Buyer from Seller upon delivery of such Product
and upon full payment of price of the Product. Upon delivery, the Buyer is
deemed to have accepted the Products. The risk of loss shall pass on to the
Buyer upon delivery of Product.
10. Payment:
Payment of goods and services by Buyer to Seller after purchasing goods
or availing services as the case may be is a BIPARTITE CONTRACTUAL OBLIGATION
BETWEEN SELLER AND BUYER. IT IS IMPORTANT TO NOTE THAT MY LOCAL ADDA IS ONLY AN
ONLINE FACILITATOR AND DISPLAYER OF SELLER’S PRODUCTS ON ITS PLATFORM AND FACILITATES
BUYER-SELLER ENGAGEMENT ON ITS PLATFROM THUS IT HAS NO ROLE IN THE PAYMENT
TRANSACTIONS BETWEEN SELLER AND BUYER.
11. Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules made and
notifications issued there under and the Exchange Control Manual as may be
issued by Reserve Bank of India from time to time, Customs Act, Information and
Technology Act, 2000 as amended by the Information Technology (Amendment) Act
2008, Prevention of Money Laundering Act, 2002 and the rules made there under,
Foreign Contribution Regulation Act, 1976 and the rules made there under,
Income Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment Facility
and My Local Adda Platform.
12. Return/ Exchange/ Cancellation of Products:
Return/Exchange/Cancellation of Products shall be depended upon Return
Policy/Exchange Policy/Cancellation Policy of every Seller. It is to be noted
that while uploading respective Product on My Local Adda Platform, Seller is
required to fill details regarding Return/Exchange/Cancellation ability of the
said Product, thus My Local Adda has no control over Seller’s Return Policy,
Exchange Policy and Cancellation Policy. However, the Product shall be Returned
or Cancelled if the said sold product of the Seller turns out be-
Further, if perishable products/food products turns out to be spoiled,
damaged, decayed, deteriorated, destroyed or different from its original form
due to mistake of Our Delivery Partner and Buyer doesn’t accept it then the
price of such product shall be refunded to the Buyer, and 80% of the amount of
such product shall be borne by My Local Adda’s Delivery Partner and
will be paid to the Seller (only after examining the situation with its sole
discretion).
13. Taxes:
You as a Buyer shall be responsible for payment of all fees/costs/charges
associated with the purchase of product including all the applicable taxes,
duties cesses etc.
14. Children:
Use of My Local Adda is available only to persons who can form a legally
binding contract under the Indian Contract Act, 1872. If You are a minor
i.e. under the age of 18 years, You may purchase only with the involvement of a
parent or guardian.
15. Communications:
When you visit My Local Adda, You are communicating with Us electronically.
You will be required to provide Your Personal and Communication details while
placing an order with Us. We may communicate with You by e-mail, SMS, phone
call or by posting notices on the Platform or by any other mode of
communication. For contractual purposes, You consent to receive communications
including SMS, e-mails or phone calls from Us with respect to Your order.
16. Losses:
We will not be responsible for any business loss (including loss of
profits, revenue, contracts, anticipated savings, data, goodwill or wasted
expenditure) or any other indirect or consequential loss that is not reasonably
foreseeable to both You and Us.
17. Governing Law:
These Terms of Sale shall be governed in accordance with the laws of
India without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of courts,
tribunals, fora, applicable authorities at Bikaner. The place of jurisdiction
shall be in Bikaner. Further, You acknowledge that these Terms of Sale are
solely for Your benefit. It is not for the benefit of any other person, except
for Your successors and permitted assigns.
18. Waiver:
If You breach these Terms of Sale and We take no action, We will still be
entitled to use Our rights and remedies in any other situation where You breach
these terms.
19. Events beyond Our reasonable control (Force
Majeure):
Seller shall be prevented from effecting deliveries of the Goods or any
of them by reason of either an act of god, insurrection, riot, war hostilities,
terror attacks, warlike operations, piracy, arrests, pandemic, restraints or
detainments by any competent authority, strikes or combinations or lock- out of
workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or
inability to obtain labor, material or services through Seller’s usual and
regular sources, or any other circumstances (whether of a nature similar to
those specified, or not) beyond the absolute control of the Seller, then, in
each such cases, the obligation of the Seller to effect deliveries hereunder
shall be suspended until after such prevention shall cease to continue. Should
any deliveries under this Contract be suspended under this clause as per the
Selling policy of the Seller– either party may withdraw from this Contract and
be relieved from any liability; provided however, that Buyer shall nevertheless
accept delivery and pay for such Goods once the Seller is able to deliver in
accordance with the period(s) of shipment named in this Contract or Selling
Policy of the Seller. Seller shall not be liable for, and be relieved from, any
loss or damages of any kind resulting from the causes mentioned herein above.
In case, the order has been generated and the Delivery Partner of My
Local Adda has picked up the product from Seller’s Shop for effecting delivery
to the Buyer and in between (before reaching the Buyer’s destination) some
events occur (mentioned in above paragraph) which are beyond control of
Delivery Partner, in such cases- if the amount of the same has already been
paid by the Buyer then such amount shall be refunded to him and 50% would be
borne by the Seller and 50% would be borne by My Local Adda’s Delivery Partner
(only after examining situation of the event). In case, no payment has been
done by the Buyer to the Seller for the Product, under such circumstances the
product shall be delivered back to Seller (as the situation
mandates).
20. Disclaimer:
MY LOCAL ADDAL'S ROLE IS THAT OF A DISPLAYER AND FACILITATOR AND IS LIMITED
TO MANAGING THE PLATFORM TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE
AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE
PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE
TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE
OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE
BUYER. AT NO TIME SHALL MY LOCAL ADDA HAVE ANY OBLIGATIONS OR LIABILITIES IN
RESPECT OF SUCH CONTRACT NOR SHALL MY LOCAL ADDA HOLD ANY TITLE IN THE
PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE
PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS,
TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND MY LOCAL ADDA ON
THE OTHER HAND.
MY LOCAL ADDA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY
PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS
ACCESSIBLE THROUGH THE PLATFORM OR ANY LINKED SITES. MY LOCAL ADDA MAKES NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR,
THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS
RELATING TO MERCHANTABILITY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY
TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYER'S OWN
RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLER'S TERMS AND CONDITIONS FOR
WARRANTY, SERVICE AND MAINTENANCE, AND MY LOCAL ADDA DOES NOT ACCEPT ANY
RESPONSIBILITY FOR THE SAME. MY LOCAL ADDA ALSO DOES NOT ACCEPT ANY
RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
MY LOCAL ADDA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL,
INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED,
EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND MY LOCAL ADDA SHALL NOT
ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE
SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE
CONFIRMATION ORDER.
My Local Adda is in no way responsible or liable for the offer for sale
or sale of the Product by the Seller to the Buyer, its delivery, the warranty
terms (if any) related to the Product and the return, refund or cancellation of
purchase of any Products.
My Local Adda does not warrant that the sale price provided by the Seller
of the Product is accurate, proper and valid. Any error in the sale price shall
be solely attributed to the Seller and not to My Local Adda. Prices, Product
description and availability of the Product are Seller's responsibility.
Buyer expressly acknowledges that the Seller selling the defective
Product will be responsible to Buyer for any claims that Buyer may have in
relation to such defective Product and My Local Adda shall not in any manner be
held liable for the same.
My Local Adda shall not assume any liability for the non-availability of
the Product, delivery of the Product directly by the Seller and the installation
of the Product where required.
21. Indemnity:
You shall indemnify and hold harmless My Local Adda its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their respective
proprietor, officers, directors, agents, and employees from any claim, demand,
or actions including reasonable attorneys' fees made by any third party or penalty
imposed due to or arising out of Your breach of the Terms of Sale, Seller Terms
of Use , Privacy Policy, other Terms and Policies or Your violation of any law,
rules, regulations or the rights (including infringement of intellectual
property rights) of a third party.
22. Severability:
If any provision of this Agreement is unenforceable or invalid, this
Agreement shall be interpreted and enforced to the greatest extent possible as
if the unenforceable provision or portion had never been a part thereof.
23. Buy and Sale in India only:
Unless otherwise specified, the material on the Platform is presented
solely for the purpose of buy and sale in India. My Local Adda makes no
representation that the material on the Platform is appropriate or available
for use in other locations/countries other than India.
24. Our Details:
My Local Adda is a brand owned and operated by GSJ SHOWNSELL ONLINE PRIVATE LIMITED, a
Company incorporated under the Companies Act, 2013 having its Registered Office
at “50 K, “Ratan Jatan Kutir”, Banthia Chowk, Near Mohta Chowk, Bikaner,
Rajasthan, 334001 India and Operational Business Office at 344, Vijay Shopping
Mall, Kotegate, Bikaner, Rajasthan 334001 India.
25. Queries/Complaints:
In case of any query, complaint on Your part, You can communicate to Our
Support Team at +917230003072.
26. Grievance Officer:
In accordance with the IT Act, 2000, and the applicable rules thereunder,
the name and contact details of the grievance officer are provided below:
Mr. Mohit Banthia
My Local Adda
344, Vijay Shopping Mall, Kotegate, Bikaner,
Rajasthan 34001 India
Contact Us-
Email: gsjshownsell@gmail.com
Phone: +91-7230003072
Time: Mon - Sat (10:00 - 18:00)