These Terms and Conditions (
Terms) govern the use of the application by the name and style of ‘[•]’ (the
Application which term includes all content, software, Services, available on the Application) displayed on the marketplace platform by the name and style of ‘StoreKing’ (
Marketplace Platform). The Application and Marketplace Platform are owned and operated by LocalCube Commerce Private Limited (hereinafter referred to as
These Terms constitute a binding and enforceable legal contract between LocalCube, its affiliates, its franchisees (
Franchisees) and subsidiaries, and you, a customer availing Services listed on the Application (
You or the
Customer).These Terms determine and limit the legal rights and obligations with respect to the Customer’s use of and participation in: (ⅰ) the Application including the classified advertisements, forums and all content and Services available through the Application; and (ⅱ) the online transactions between usersthat offer services via the Application (each, a
Service Provider) and Customers who are obtaining services through the Application (the
By using the Application, You agree that You have read and understood, and to be bound by these Terms as amended from time to time, and that You comply with the requirements listed herein. If You do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Application or any features or content made available on or through the Application.
- Unless stated otherwise, all the content available on the Application and Marketplace Platform, including Third Party Content, text, images, videos, user interfaces, trademarks, logos, applications, designs, layouts, arrangements, or other information available on the Applicationand Marketplace Platform (
Content) is owned by LocalCube or its licensors, and is protected by applicable laws.
Third Party Content means the content, documents, and information owned by a third party and available on the Application and Marketplace Platform.
- Use of the Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that You are at least 18 years of age, and that: (a) all registration information that You submit is truthful and accurate, (b) You will maintain the accuracy of such information, and (c) Your use of the Application and Services offered through this Application do not violate any applicable law or regulation. Your Customer Account (defined below) may be terminated without warning if we at our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations.
- Use of the Application
- To access Services available on the Application, You must create and operate an account on the Application (
Customer Account). The Customer Account shall be operated by Franchisees of LocalCube who are appointed as administrators of the Customer Account (
- The Customer shall be responsible for maintaining the confidentiality of the Customer Account, including user names and passwords for such accounts.
- The Customer hereby agrees that it shall be responsible for all activities that occur on or through the Customer Account, including all activities that occur under any Administrator that is granted access by the Customer to the Customer Account, as the case may be.
- LocalCube shall have the right to cancel, without prior notice, the Customer Account, and restrict any access to such accounts, if it discovers or suspects that the Customer Account are being accessed by third parties.
- LocalCube hereby grants You a revocable, non-exclusive, non-transferable, limited, single-server licence during the Term to use the Application for availing Services listed by Service Providers on the Application.
- LocalCube retains all right, title and interest in and to the Application and any derivative works thereof.
- Except for the limited licence set forth in this Clause 2, the Terms do not transfer any intellectual property to You, and all rights, title and interest in and to such intellectual property, including, without limitation, the Application, will remain solely with LocalCube, except for any third party intellectual property.
- LocalCube’s trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with LocalCube or the Application or the Marketplace Platform are trademarks of LocalCube. Other trademarks, service marks, graphics and logos used in connection with the Application or Content may be the trademarks of other third parties. Use of the Application does not grant You any right or licence to reproduce or otherwise use any LocalCube or third-party trademarks.
- You agree and warrant that You shall not reproduce any content available on the Application or Marketplace Platform in any manner without the prior express written consent of LocalCube.
RESTRICTIONS ON USE
You will not use the Application in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, Youshall not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license any Content, the Application or any portion thereof, or any other products or services offered by LocalCube under these Terms;
- use any robot, spider, other automated device, or manual process to monitor or copy any Content other than copying or exporting as permitted by the Terms;
- make any back-up or archival copies of the Application, the Content, or any part thereof;
- engage in the systematic retrieval of Content from the Application to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
- re-license, sub-license, rent or lease the rights to use or access the Application or any content available on the Application;
- use the Application in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms;
- violate applicable laws in any manner.
RESTRICTIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Application, including Your profile, the posting of Your desired Service, or the posting of any opinions or reviews in connection with the Marketplace Platform, Application, the Service or the Service Provider (collectively
Submitted Content) that:
- misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Provider;
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage LocalCube or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant LocalCube all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
DISCLAIMERS AND WARRANTIES
- YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND LOCALCUBE AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, FRANCHISEES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS APPLICATION, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APPLICATION, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS APPLICATION, THE SERVICES OFFERED ON OR THROUGH THIS APPLICATION, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS APPLICATION IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LOCALCUBE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. LOCALCUBE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OF THE SERVICES ADVERTISED OR OFFERED BY THE SERVICE PROVIDERS THROUGH THE APPLICATION OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. LOCALCUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THE SERVICE PROVIDERS. AS WITH THE USE OF SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- LocalCube does not make any representations or warranties on behalf of any Service Provider. Further, LocalCube does not make any representation or warranty as to specifics of Services proposed to be offered to Customers by the Service Providers. LocalCube does not support or endorse the Services provided by the Service Providers and accepts no liability for any errors or omissions, whether on behalf of itself or any Service Provider.
- To the fullest extent permissible under applicable law, LocalCube expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You shall indemnify, defend at LocalCube’s option, and hold LocalCube, its subsidiaries, affiliates, Franchisees and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of the Services availed by You from Service Providers, Your access to the Application, use of the Marketplace Platform, violation of these Terms, or due to Your infringement, or any infringement by any third party who may use Your account with LocalCube, of these Terms.
CONSENT TO USE DATA
- LocalCube may use information and data pertaining to Your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Application and the Marketplace Platform.
- You hereby expressly authorise LocalCube to disclose any and all information relating to You in LocalCube’s possession to any law enforcement or other government officials, if LocalCube believes it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to Your identity, information provided by You, Your banking information, and Your correspondence. You further understand that LocalCubemight be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation, or valid governmental request.
LIMITATIONS OF LIABILITY
- IN NO EVENT SHALL LOCALCUBE, OR ITS FRANCHISEES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE APPLICATION OR ANY SERVICES OFFERED BY ANY SERVICE PROVIDER VIA THE APPLICATION; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE APPLICATION OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE; OR (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE PROVIDER; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU HEREBY ACKNOWLEDGE AND AGREE THAT LOCALCUBE SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- In no event shall the total, aggregate liability of LocalCube, or any of the above-referenced respective parties, arising from or relating to the Application, and/or submitted content exceed the total amount of fees actually paid for Services by You via the Application.
JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
- These Terms shall be governed by, and construed and enforced in accordance with, the laws of India. Subject to other provisions hereof, the courts in Bangalore shall have exclusive jurisdiction.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this section. The tribunal shall consist of 1 (one) arbitrator appointed by LocalCube. The language of the arbitration shall be English.
- The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
- Each party to the arbitration shall bear its own costs with respect to any dispute.
- Modification – LocalCube reserves the right at any time to modify these Terms and to add new or additional terms or conditions on Your use of the Application and the Marketplace Platform. Such modifications and additional terms and conditions will be communicated to You and, unless expressly rejected (in which these Terms and Your licence shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, You refuse to accept such changes, these Terms and licence will terminate.
- Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment - You shall not distribute, licence, sell, transfer or assign any of Your rights to access Services listed on the Application to others in any manner without the prior written consent of LocalCube. LocalCube may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. LocalCube may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Application without any prior notice to you.
- Notices - All notices, requests, demands, and determinations for LocalCube under these Terms (other than routine operational communications) shall be sent to the following address:
Address: LocalCube Commerce Pvt. Ltd.
Plot No.14-F1,KIADB Layout
Behind Deccan Herald
KumbalGodu 2nd Stage, Mysore Road
Attention of: CEO
- Third Party Rights - No third party shall have any rights to enforce any terms contained herein.