The following terms of use (“Terms of Use”) (“LOCALYOUR”) and the User(“you/your”) with respect to your use of services provided by LOCALYOUR (“Services”) which are available at www.LOCALYOUR.com (“Website”). By using the Services described/available on the Website, you acknowledge and agree to these Terms of Use and Privacy Policy (“Policy”), a copy of which is available at (www.LOCALYOUR.com/privacy-policy), which are incorporated herein by reference.
You specifically represent and
warrant that you are at least 18 years of age and are of sound mind capable of
contracting as understood under the applicable provisions of law and have the
right, authority, and capacity to accept these Terms of Use and to abide by the
same.
- USER
REGISTRATION AND USE
- The User(s)
while using the Website must follow/abide by the all related laws. LOCALYOUR
may, in its sole discretion, refuse the Service to anyone at any time.
- In order
to use the Website, you will need to register by creating a password-protected
account ("Account"). To create an Account, you must submit your name,
address, telephone number and email address through the Account registration
page on the Website and create a password. You will also have to provide
additional optional information to LOCALYOUR for providing you with a more
customized experience when using the Website. LOCALYOUR may send regular SMS
updates to the mobile numbers registered with it.
- By using
your Account, you can post a request for the type of service desired (“Service
Request”). A qualified person/entity offering your desired Service (“Service
Expert”) will respond to your request and provide details of when and how the
Service Request will be addressed. All information shared by you detailing the
required service for which the Service Request is raised and the information
provided in response (and any associated discussions) provided by the Service
Expert shall be termed as “Content”.
- Pursuant
to you placing a Service Request, LOCALYOUR will acknowledge via an
auto-generated SMS (“Acknowledgment Message”) the fact of receipt of such
Service Request. In case of any discrepancy or inconsistency between Service
Request and Acknowledgement Message received, you must inform us immediately.
The fact that you receive an Acknowledgment Message does not necessarily mean
that LOCALYOUR will be able to fulfil your Service Request. The Acknowledgment
Message is only a confirmation of the receipt of your Service Request and is
not a confirmation that the Service Request will be undertaken by LOCALYOUR.
- On
successful receipt of a Service Request from you, LOCALYOUR will notify a
Service Expert of the Service Request either by an email or a call or through
an SMS and await the Service Expert’s acceptance of being able to service the
said Request. Upon LOCALYOUR’S receipt of the Service Expert’s acknowledgment
to address the Service Request made by the User, a message confirming or
rejecting the Service Request will be sent to you. You acknowledge that the lag
in time is owing to LOCALYOUR’s reasonable efforts to ensure availability of
the Service Expert to address the Service Request. No act or omission of
LOCALYOUR, prior to sending the confirmation message, will constitute
acceptance of the Service Request. LOCALYOUR will then provide the details of
the Service Expert to you and will send the Service Expert to the location
specified by the User to address the Service Request.
- You must
notify us immediately if you decide to cancel your order, preferably by
phone/email and quote your order number which you received upon the
confirmation of your Service Request. You can cancel an order free of charge at
any time until a confirmation message has been sent to you with the Service
Expert details. Any cancellation thereafter shall require you to pay the
Visiting Fees as stated below, once the billing mechanism is applicable.
- You will
have the option of providing feedback upon completion of the Service Request
(“Feedback”). You agree to provide your Feedback in a truthful and honest
manner and agree not to tamper with or modify any Feedback provided by any
other User on the Website. LOCALYOUR works to provide the most hassle-free
experience. In the event that the User is dissatisfied with the Services
provided by the Service Experts, the User shall directly contact LOCALYOUR at
customers@LOCALYOUR.com to discuss about the grievances or discrepancies in the
Services provided.
- You shall
be solely responsible for all activity that occurs on your Account including
the Content uploaded by you and you shall notify LOCALYOUR immediately of any
breach of security or any unauthorized use of your Account.
- LOCALYOUR
will not be liable for your losses, damages etc. (whether direct or indirect)
caused by an unauthorized use of your Account. An Account holder is sometimes
also referred to herein as a "Registered User."
- USER RULES
AND RESPONSIBILITIES
- You
acknowledge and agree that you are bound by the following:
- You will
not copy or distribute or alter or modify any information available on the
Website in any medium without LOCALYOUR prior written authorization;
- You will
provide true, accurate, current and complete information when creating your
Account and you shall maintain and update such information so that it will
remain accurate, true, current and complete;
- You shall
not solicit, or contact in any form the Service Experts for direct business
without the express written permission of LOCALYOUR;
- You shall
not (i) interferes or attempts to interfere with the proper working of the
Website or the Website's infrastructure; or (ii) bypasses LOCALYOUR’s measures
that are used to prevent or restrict access to the Website;
- You will
not fail to deliver payment for Services purchased by you. You shall pay the
Service or labour cost, visit or transportation cost (if applicable), item cost
(if applicable), convenience cost (if applicable) and any fee or levy presently
payable or hereinafter imposed by the law;
- You will
not indulge in misusing or damaging any of the devices
(technical/non-technical) of the Service Expert;
- You will
not agree to purchase a Service which does not meet the Service Expert's terms
as outlined in the Service Expert provided terms of service;
- You will
not disclose any confidential information such as your password, etc.
- distribute
any virus, worm or other similar or deleterious files, scripts or programming
routines;
- Violate
any applicable laws or regulations for the time being in force.
- In the
event of violation of the above mentioned duties/ responsibilities by the
User(s), LOCALYOUR in its sole discretion deactivate or delete User Account,
without notice or cancel the Service Request; or limit the User's Account
privileges.
- OWNERSHIP
AND LICENCE
- By posting
your Content on the Website including Feedback, you hereby grant, represent and
warrant that LOCALYOUR has a perpetual, worldwide, non-exclusive, royalty-free,
sublicense able and transferable license to use, reproduce, distribute, display
your Content and Feedback in connection with the LOCOLOYE’s business
operations, including without limitation, for the promotion of any part or all
of the Website.
- LOCALYOUR
owns all right, title, and interest in the Website and its content including
its design, layout, text, images, graphics etc. All title, ownership and
intellectual property rights including trademarks and copyrights on all the
Content except the third party content and link to third party Website on
LOCALYOUR’s Website shall remain with LOCALYOUR and its affiliates as the case
may be.
- All
Ccontent on this Website is the copyright of LOCALYOUR except the third party
content and link to third party Website on LOCALYOUR’s Website. Systematic
retrieval of LOCALYOUR Ccontent to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without written permission from
LOCALYOUR is prohibited.
- LOCALYOUR
reserves the right to terminate the Account of a User(s) upon any infringement
of its intellectual property rights, or any threat thereof, by any User.
- FEES
- LOCALYOUR
reserves the right to charge a fee in the future to Users for the utilization
of the Services provided by LOCALYOUR on a per-transaction basis or in any
other manner. LOCALYOUR shall update this fee policy after providing you with
thirty (30) days' notice by posting the changes on the Website.
- You agree
that LOCALYOUR is permitted to bill you for the applicable fees, any applicable
tax and any other charges you may incur in connection with your use of this
Website and Services. In addition to any other charges, you shall pay a minimum
amount as a visiting fee to the Service Expert to address the Service Request
(“Visiting Fee”). The fees will be billed to your credit card, a payment
gateway or other payment method designated at the time you make a purchase or
register for a Service. If you do not pay on time or if LOCALYOUR cannot charge
your credit card, any payment gateway or other payment method for any reason,
LOCALYOUR reserves the right to either suspend or terminate your access to the
Website and Account. LOCALYOUR reserves its right to initiate appropriate legal
proceedings, if necessary, in its sole discretion, to recover such outstanding
amounts.
Upon receipt of a complaint from the User,
LOCALYOUR shall conduct an investigation into the complaint and upon examining
the circumstances and all associated evidence determine whether the User is
eligible for a refund. In the event that a refund is due to the User, LOCALYOUR
shall process the same. User acknowledges that eligibility for refund shall be
determined in LOCALYOUR’s sole discretion.
- DISCLAIMER
OF WARRANTIES
- LOCALYOUR
is providing the Services to the User “as is” and “as available” without any
warranties of any kind, either express or implied.
- Without
prejudice to the above, LOCALYOUR makes no representation or warranty
that:
- The
Services will meet Users requirements;
- The
Services will be uninterrupted, timely, secure, or error-free;
- It will
assume responsibility for any service advertised or offered by a third party
including a Service Expert through the Website;
- It shall
be responsible for any bugs, viruses, Trojan horses, or the like which may be
transmitted to or through the Website by any third party, any interruption or
cessation of transmission to or from the Website, any defamatory, offensive, or
illegal conduct of any third party or User or Service Expert;
- It shall
be liable for any conduct of the Service Expert. However, it will use
commercially reasonable efforts to address any complaints that you may have
against any Service Expert and that you bring to LOCALYOUR’s attention.
- The User
is using the Website at his or her own risk. To the fullest extent allowed
under applicable law, LOCALYOUR disclaims all warranties, whether express or
implied, including any warranties that the Website is merchantable, reliable,
accurate, fit for a particular purpose or need, non-infringing or free of
defects or able to operate on an uninterrupted basis, or that the use of the
Website by the User is in compliance with laws, or that User generated Content
will be successfully, accurately or securely transmitted.
- LIMITATIONS
OF LIABILITY
- To the
fullest extent available under applicable law, in no event shall LOCALYOUR, and
its officers, managers, members, directors, employees, successors, assigns,
subsidiaries, affiliates, Service Experts, suppliers, and agents (a) be liable
to the User with respect to use of the Website or Services or the conduct of a
Service Expert; and/or (b) be liable to the User for any direct, indirect,
special, incidental, consequential, punitive, exemplary or other damages,
including, without limitation, damages for loss of goodwill, lost profits,
loss, theft or corruption of User information including Sensitive Date (as
defined in the Policy) that you disclose to the Service Expert or device
failure or malfunction even if LOCALYOUR was advised of the possibility of such
damages, including without limitation damages or injury caused by error,
omission, interruption, defect, failure of performance, unauthorized use, delay
in operation or transmission, computer virus or other harm. The User’s sole and
exclusive remedy is to cease use of the Website or Services.
- LOCALYOUR
does not have any control over, and assumes no responsibility for, the Content,
privacy policies, or practices of any third-party websites. By using the
Website, you expressly relieve LOCALYOUR from any and all liability arising
from your use of any third party website.
- You
acknowledge, agree and understand that LOCALYOUR only seeks to provide a
platform wherein the User and Service Expert can be brought together and
LOCALYOUR itself has no role in the execution of Services.
You agree to defend, indemnify and hold harmless
LOCALYOUR, and its officers, managers, members, directors, employees,
successors, assigns, subsidiaries, affiliates, Service Experts, suppliers, and
agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorneys' fees) arising from your access to, use of the Website, violation of
these Terms of Use, or violations of any rights of a third party, or any
allegation thereof, including without limitation any intellectual property, or
privacy right; or your negligence or willful misconduct. Indemnification
obligation will survive these Terms of Use and your use of the Website.
- TERMINATION
- The Terms
of Use commences on the date you first access/use the Website. LOCALYOUR, in
its sole and absolute discretion, has the right to delete, terminate, or
deactivate your Account, block your email or IP address, terminate your access
to or use of the Website. You may cancel your use of the Website and/or
terminate the Terms of Use with or without cause at any time by deactivating
your Account. Upon termination of this agreement by either party, your right to
use the Website or Services shall immediately cease. On receiving a request to
delete the Account from any User, LOCALYOUR shall endeavour to delete the
Account within thirty (30) days of receipt of such request.
- You
understand and agree that LOCALYOUR may retain your Content for backup and
archival purposes. Sections 4(Fees), 5 (Refund), 6(Disclaimer of Warranties),
7(limitation of liability), 8(Indemnification), 9(Termination), 10(Governing
law), 11(Dispute Resolution), 12(Notice), 13(General provisions) shall survive
expiration or termination of the Website or your Account.
- GOVERNING
LAW
The Terms of Use shall be governed in all respects
by the laws of India and any legal proceeding arising out of this agreement
will occur exclusively in the courts located in Bangalore, India.
- DISPUTE
RESOLUTION
If a dispute arises between you and LOCALYOUR, you
and LOCALYOUR hereby agree to resolve any claim or controversy that arises out
of the Terms of Use or the Website in accordance with this Section 11 or as
otherwise agree in writing. Before resorting to the filing of a formal lawsuit,
LOCALYOUR strongly encourages you to first directly contact to seek a
resolution via e-mail at customers@LOCALYOUR.com. The dispute shall be resolved
through alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
- NOTICE
You agree that LOCALYOUR may provide you with
notices, including those regarding changes to the Terms of Use, by email,
regular mail, or postings on the Website.
- GENERAL
PROVISIONS
- The terms
of this agreement, any rights, obligations, or remedy hereunder may not be
transferred, assigned, delegated or sublicensed by you except with LOCALYOUR’s
prior written consent, and any attempt to assign, transfer, delegate, or
sub-license without prior written consent from LOCALYOUR shall be null and
void. LOCALYOUR may assign, transfer, or delegate this agreement or any rights
or obligations or remedy hereunder in its sole discretion. These Terms of Use
together with Policy and any amendments constitutes the entire agreement
between you and LOCALYOUR relating to the subject matter herein and supersedes
any and all prior written or oral agreements between you and LOCALYOUR. If any
provision of this agreement is found to be unlawful, void, or for any reason
unenforceable shall not affect the validity and enforceability of the remaining
provisions. This Terms of Use may not be changed, waived or modified except by
LOCALYOUR as provided herein or otherwise by written instrument signed by
LOCALYOUR. No waiver by LOCALYOUR of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
- You agree
that any cause of action arising out of or related to the Website must commence
within one (1) year after the cause of action accrues. Otherwise, such cause of
action is permanently barred.
- AMENDMENT/MODIFICATIONS
LOCALYOUR may change, modify, amend, or update this
agreement from time to time at the domain of www.LOCALYOUR.com/terms without
any prior notification to User(s) and the amended and restated Terms of Use
shall be effective immediately on posting. Your continuous use of the Services
will signify your acceptance of the changed Terms of Use.
- PRIVACY
POLICY
LOCALYOUR has established a Policy that explains
about the usage of information collected from you. The Policy is referenced
above and hereby incorporated into the Terms of Use set forth herein. Your use
of this Website is governed by the Policy. The Privacy Policy is located at:
www.LOCALYOUR.com/privacy-policy.
Terms
& Conditions for use of Servicemen
The following Terms & Conditions
shall apply to customers utilizing the Services offered by the Localyour for
the hiring of Servicemen:
- The
customer shall pay the service or labour cost, visit or transportation
cost (if applicable), item cost (if applicable), convenience cost (if
applicable) and any fee or levy presently payable or hereinafter imposed
by the law or required to be paid for availing of the Local Services.
- The
customer shall ensure that he/she will not indulge in any of the following
activities:
- Misusing,
soiling or damaging any of the devices (technical/non-technical) of the
Serviceman.
- Asking the
Serviceman to break any government rules for any purpose. The Serviceman has
the right to refuse such a request by the customer. The Serviceman also has the
right to refuse such a work or leave such customer's house.
- Misusing
the Service or the Software for unlawful purposes or for causing nuisance,
annoyance or inconvenience.
- Sharing of
confidential information such as your password, etc.
- The
customer agrees and acknowledges that the use of the Services offered by
Localyour is at the sole risk of the customer and that Localyour disclaims
all representations and warranties of any kind, whether express or implied
as to condition, suitability, quality, merchantability and fitness for any
purposes are excluded to the fullest extent permitted by law.
- Without
prejudice to the above, the Localyour makes no representation or warranty
that:
- The
Services will meet the customer's requirements.
- The
Services will be uninterrupted, timely, secure, or error-free.
- The
Localyour shall not be responsible or liable for any loss or damage, howsoever
caused or suffered by the Customer arising out of the use of service offered by
Localyour or due to the failure of Localyour to provide Services to the
Customer for any reason whatsoever including but not limited to the Customer's
non-compliance with the Services' recorded voice instructions, malfunction,
partial or total failure of any network terminal, data processing system,
computer tele-transmission or telecommunications system or other circumstances
whether or not beyond the control of Localyour or any person or any
organization involved in the above mentioned systems.
- The
Localyour will not be liable for any damages of any kind arising from the use
of the Service offered by the Localyour, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages.
- In case of
any structural damage caused to the property of user in relation to the service
provided by the servicemen authorized by LOCALYOUR, LOCALYOUR will be
responsible to bear 50% of the cost of repair/replacement subject to the
maximum amount of Rs.5000/-. This will be subject to a detailed inspection by
LOCALYOUR.
- The
Customer shall indemnify Localyour from and against and in respect of any
or all liabilities, losses, charges and expenses (including legal fees and
costs on a full indemnity basis) claims, demands, actions and proceedings
which Localyour may incur or sustain directly or indirectly from or by any
reason of or in relation to the use or proposed use of the Services by the
Customer and shall pay such sums on demand on the Localyour.
- The
Localyour is hereby authorized to use the location based information
provided by any of the telecommunication companies when the Customer uses
the mobile phone to make a Serviceman booking. The location based
information will be used only to facilitate and improve the probability of
locating a Serviceman for the Customer.
- The
Localyour shall be entitled to disclose to all companies within its group,
or any government body as so required by the law or by directive or
request from any government body, the particulars of the Customer in the
possession of Localyour in any way as Localyour, in its absolute
discretion, deems fit or if it considers it in its interests to do so.
- The
Localyour shall be entitled at any time without giving any reason to
terminate the booking of Servicemen done by the Customer.
- The
Localyour encourages all its customers to take full responsibility of
his/her items. In case of lost items inside the Localyour during the
journey, Localyour will try to locate the items on a
"best-effort" basis but is not responsible for the same in case
of loss or damage to the same.
- If the
Customer suspects any Serviceman of any wrongdoing (legal or illegal) or
has any complaint in respect of the Services or the use of the Servicemen,
the Customer has to inform Localyour of the same in writing within 24hours
of using the Services of Localyour.
- The
Localyour shall not be liable for any conduct of the Servicemen. However,
the Localyour encourgaes you to notify it of any complaints that you may
have against any Serviceman i that you may have hired using the
Localyour's Services.
- The
Localyour shall be entitled to add to, vary or amend any or all these
terms and conditions at any time and the Customer shall be bound by such
addition, variation or amendment once such addition, variation or
amendment are incorporated into these terms and conditions at Localyour's
website at www.taskbob.com on the date that Localyour may indicate that
such addition, variation or amendment is to come into effect.
- All the
calls made to the Localyour's call centre are recorded by the Localyour
for quality and training purposes.
- All
Servicemen registered with the Localyour could be continuously tracked
using GPS for security reasons only. It is expressly made clear to you
hereby that the Localyour does not own any service providers nor does it directly
or indirectly employ any Servicemen. Servicemen are all supplied by third
parties and the Localyour disclaims any and all liability in respect of
the Servicemen and services provided alike.
- The
Localyour has the right to use the customer contact information for its
own marketing purposes. The Localyour may send regular SMS updates to the
mobile numbers registered with it.
- The
courts of Mumbai, India shall have the sole and exclusive jurisdiction in
respect of any matters arising from the use of the Services offered by
Localyour or the agreement or arrangement between Localyour and the
Customer.
The above mentioned terms and
conditions of use and/or Agreement and the Privacy Policy constitute the entire
agreement between the User(s) and LOCALYOUR with respect to access to and use
of the web site and the Services offered by LOCALYOUR, superseding any prior
written or oral agreements in relation to the same subject matter herein.