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Terms & Conditions

MY LOCAL ADDA: TERMS OF USE

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 -

  • Belongs to another person and to which You do not have any right to;
  • Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Harm minors in any way;
  • Harasses or advocates harassment of another person;
  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file etc;
  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • Contains video, photographs, or images of another person (with a minor or an adult);Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, schemes etc. Throughout this Terms of Use, My Local Adda's prior written consent means a communication coming from My Local Adda's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  • Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • Interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
  • Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonate another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
  • Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, User agreement and Privacy Policy, as amended/re-enacted from time to time, for access or usage of My Local Adda's Services/Site/computer resource or Platform, My Local Adda has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, My Local Adda shall have the right to take recourse to such remedies as would be available to the My Local Adda under the applicable laws;
  • shall not be false, inaccurate or misleading; 

       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;

  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity;

 

  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means;

 

  • You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other Customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided by the Platform;

 

  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms “My Local Adda”, “mylocaladda.com”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of My Local Adda or Sellers on Platform or Delivery Partners or otherwise tarnish or dilute any My Local Adda's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or My Local Adda's systems or networks, or any systems or networks connected to My Local Adda;

 

  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform;

 

  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;

 

  • You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of My Local Adda and / or others;

 

  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services etc. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force;

 

  • Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform;

 

  • From time to time, You shall be responsible for providing information relating to the Products or Services or Property proposed to be displayed by You on the Platform. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such Products or Services or Property so as to mislead other Users in any manner;

 

  • You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services or property, including, but not limited to, products or services or property related to that being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

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 mylocaladda@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:

  1. This Platform will be constantly available, or available at all; or
  2. The information on this Platform is complete, true, accurate or non-misleading;

 

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 mylocaladda@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:

  1. the use or the inability to use the Services Our Platform facilitates;
  2. unauthorized access to or alteration of the User's transmissions or data;
  3. breach of condition, representations or warranties related to display of new goods, second-hand goods; immovable property for sell/purchase/rent; information provided by Directory; Pick up and drop off Services by third party Delivery Partner  on the Platform etc.);
  4. any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. My Local Adda shall not be held responsible for non-availability of My Local Adda during periodic maintenance operations or any unplanned suspension of access to the My Local Adda. The User understands and agrees that any material and/or data downloaded at My Local Adda is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, My Local Adda shall not be liable for any dispute or disagreement between Users.

 

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:-

  • The coupon applies only to qualifying items or Products displaying the coupon offer on the product detail page.
  • If You do not purchase the qualifying items or Products added to to Your Cart, then the coupon will not be applicable and discount will not be given to You.
  •  If You return any of the items or products purchased with a coupon, the coupon discount or value may be subtracted from the return credit.
  • Applicable shipping and handling charges will still apply to all the Products having coupon on them.
  • The coupon may only be used on My Local Adda Platform.
  • My Local Adda has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
  • Void where prohibited.
  • Coupons are void if restricted or prohibited by law.
  • My Local Adda reserves all the right to discontinue the coupon offer according to its discretion.

 

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: mylocaladda@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:

  1. It allows Buyer to Connect with the Seller and Seller with the Buyer;
  2. It allows Buyer to view the Products/items listed or displayed on the Platform by the Seller;
  3. It allows You to purchase Products/Item(s) from the Sellers listed or displayed on the Platform and allows You to get the Products/Items delivered to You through Delivery Partners/Sellers ("Purchase Services");
  4. It allows You to give ratings, write comments and reviews about Delivery Partners and Sellers;
  5. It facilitates improvement in the quality of the services provided by My Local Adda on the Platform based on User ratings, reviews and feedbacks provided on the Platform;
  6. Once the order is generated and Our Delivery Partner is ready to pick-up Your Product from the Seller to drop-off the same on Your location, Our Delivery Boy will intimate You about his arrival and will take Your confirmation regarding Your address and other details;
  7. My Local Adda may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the My Local Adda Services listed above from time to time. My Local Adda does not provide any guarantee to You that My Local Adda Services will be made available to You at all times;
  8. You hereby agree and acknowledge that My Local Adda is only a facilitator and displayer of the listings/ items as displayed by the Seller on the Platform and does the work of bridging the gap between the Buyers, Sellers and Delivery Partners (as the case maybe). My Local Adda only provides You with access to the Platform to connect with each other to initiate transactions on the Platform. You hereby agree and acknowledge that My Local Adda will not be a party to any of the transactions that are initiated by You through the Platform and My Local Adda shall not be liable in any manner or incur any liability with respect to the services performed by the Sellers or the Delivery Partners, as the case may be.
  9. Further, You hereby agree and acknowledge that My Local Adda shall not be liable for the conduct, acts and omissions of the Sellers (including their employees and consultants) and Delivery Partners in the course of providing their services to the Buyers, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Sellers or the Delivery Partner, as the case may be.
  10. In case of Purchase Services, it is the duty of the Sellers to share the updated Item list along with its prices on the Platform. My Local Adda shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Sellers to list out the exact price or prices of such Items on the Platform all the time. It is to be noted that prices of such Items may vary according to the time.
  11. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of Terms of Use and applicable laws. You are requested to read “Terms of Use” to understand the Prohibited Actions/Conduct of User and other details. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that My Local Adda shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
  12. It is not obligatory for My Local Adda to check or verify the packages that are being delivered to You by the Delivery Partner, and therefore My Local Adda shall have no liability with respect to the same. However, if it comes to the knowledge of My Local Adda that You have packaged any illegal or dangerous substance or prohibited item, My Local Adda shall have the right to report You to the government authorities and take other appropriate legal actions against You apart from blocking/suspending and terminating Your Account.
  13. You hereby acknowledge that My Local Adda shall not be liable for any damages of any kind arising from Your use of the My Local Adda Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  14. My Local Adda shall be entitled at any time without giving You any reason to terminate Your request for any My Local Adda Service.
  15. You hereby agree that My Local Adda shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that My Local Adda has no control over the Items provided to You by the Sellers and therefore, My Local Adda shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Buyers, We have informed Our Sellers to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.
  16. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. You should choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
  17. If a transaction initiated by You on the Platform cannot be completed, My Local Adda shall notify You on the Platform.
  18. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform.
  19. My Local Adda shall use Your location based information that is captured by My Local Adda through global positioning system when You are using Your mobile device to request My Local Adda Service on its mobile-app. Such location based information shall be used by My Local Adda only to facilitate and improve My Local Adda Services being offered to You.
  20. We can’t fulfil any tasks which are immoral or unlawful in nature. My Local Adda reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by My Local Adda’s internal policies or as per the independent discretion of My Local Adda. My Local Adda may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party or prohibited by any law of India.
  21. You understand and acknowledge that My Local Adda by itself does not sell or provide any such Products/Items. My Local Adda is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Seller, You may directly contact the Seller or Buyer as the case may be. Although, in case you need any assistance from My Local Adda’s support team, you can contact us as well for the same. However, My Local Adda shall not be any party to redress your grievance as My Local Adda is just a platform and online facilitator of Seller- Buyer engagement.
  22. You hereby acknowledge that if You have any complaint with respect to the My Local Adda Services, You will first inform My Local Adda in writing within 24 (twenty four) hours of using such My Local Adda Services and would send to mylocaladda@gmail.com.

 

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 mylocaladda@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:

  • Seller has the right to display and list Products so that Buyer can buy it on or through the Platform;
  • Buyer shall enjoy possession of the Products;
  • Products shall be free from any charge or encumbrance in favour of third party;
  • Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or Seller of the Product;
  • Product shall meet the description and specifications as provided on the Platform.

 

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-

  • Defective
  • Damaged
  • Irrelevant
  • Not original (duplicate)
  • Different in Size
  • Packaging/Box founds out be already opened
  • Ordered by mistake
  • Not good enough in terms of Expected Quality
  • Further, in case if Address of the Buyer is invalid, Goods are out of stock, Customer denied receiving the Product or if the Buyer found out the cheaper price of the same Product then under such conditions as well the Products can be returned or cancelled.
  • Any other reason that mandates return/exchange and cancellation of the sold product

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: mylocaladda@gmail.com

Phone: +91-7230003072

Time: Mon - Sat (9:00 - 18:00)