Terms and Services

TERMS AND CONDITIONS & PRIVACY POLICIES -  effective Sept 11, 2021

This Application/ Website is published and maintained by Aravalley India Private Limited under license from iValley Corporation, Canada. Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same. The following Terms and Conditions, and any guideline, policy or content displayed on the Website/ Application, are a legally binding contractual agreement between you ("User", "you," "your") and ‘I love my local store’ Application/ Website ("Application/ Website", “www.ilovemylocalstore.com” "we", "us"). We reserve the right to revise these Terms and all linked information, including the  Privacy Policy from time to time at our sole discretion by updating this Agreement or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

YOU UNDERSTAND THAT BY USING THE APPLICATION/ WEBSITE, YOU AGREE TO BE BOUND BY THE PREVALENT TERMS. PEOPLE UNDER THE AGE OF 18 YEARS, OR SUCH OTHER AGE AS MAY BE PRESCRIBED BY LAW FOR MINORS, SHALL USE THE APPLICATION/ WEBSITE UNDER THE GUIDANCE OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE APPLICATION/ WEBSITE AFTER THE EFFECTIVE DATE.

 

The Application/ Website is an online platform/ mobile application meant to provide a platform to local stores, shops, outlets selling any goods or services, to upload, advertise, market and promote their goods and services, unless prohibited under these terms; and to the consumers to upload, post, rate, review, comment on, and purchase such goods and services. This document contains the various terms and conditions that must be adhered to in order to use and interact with the application/ website.

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the Terms and Conditions and the Privacy Policy carefully before using the Application, Website,  Services and products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or Products, the provisions of the Terms and Conditions shall prevail.

Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Application/ Website (“Proprietary Information”).  No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from us and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to us, to the User.

 

  1. How the Application/ Website works

The Application/ Website provides a platform to local stores, shops, outlets selling any goods or services, to upload, advertise, market and promote their goods and services, unless prohibited under these terms; and to the consumers to upload, rate, review, comment on, and purchase such goods and services.

 

For Merchants/ Local Stores/ Outlets

  1. Any local store/ outlet/ shop/ merchant operating within the area in which the Website/ Application functions, may register herself/ himself on the website/ application by signing up and creating his/ her account.
  2. The said local store/ outlet/ shop/ merchant will be allowed to post advertisements for deals/ offers/ discounts on his products or services for such number of days, as he/ she desires.
  3. The said posting will be charged at a per day rate, to be decided by us in consultation with such local store/ outlet/ shop/ merchant, and will be invoiced on a monthly basis.
  4. All payments of the invoices made on our application/ website may be done through the modes made available for the said purpose on our application/ website. You agree to pay all charges at the prices along with any applicable taxes, and you authorize us to charge your chosen payment provider for any such amounts while making payment. We shall not be responsible for any errors by the payment processor. Any payments made against an invoice are final and no refund will be issued under any circumstances.
  5. You acknowledge and agree that posting an advertisement/ content on our website/ application, does not guarantee an increase in the inflow of the consumers at your local store/ shop/ outlet and we as such do not take any responsibility for the same.
  6. Based on mutual agreement with us, you may be allocated a consultant on our behalf to manage your profile/ account on our website/ application. However, any changes, modifications, postings in or through your profile/ account shall be subject to your approval.
  7. You agree that by posting your content on our application/ website/ platform, you represent and warrant to us that you have the ownership rights, or have obtained necessary licenses or permissions to use the content and grant us the rights to use your content as provided, and that posting of your content violates no intellectual property or personal rights of others or any applicable law or regulation.

 

For Consumers

  1. You will be allowed to access the website/ application without requiring any login/ However, certain features/ resources of the website/ application, such as post a deal/ advertisement/ promotion of a deal, creating a wish list, rating, posting reviews, etc, will be available only to registered users.
  2. You, post registering, may view deals all over the world and give your reviews and comments on the same, provided the same is compliant with these Terms.
  3. Login may also be allowed through social media accounts, as decided by us in our sole discretion.
  4. You will also be allowed to create wishes for a deal for a particular product/ services or from particular stores/ shops/ outlets. We will intimate you through notification on your account or on your email or through SMS, as and when a deal matching your wish is available. We however, do not guarantee or take responsibility that all wishes will result in actual deals.
  5. You, as a consumer, may also through your registered account, post a deal/ advertisement/ promotion for a local store/ shop/ outlet, however, the said deal/ advertisement/ promotion will be made available on the website/ application, only if the concerned local store/ shop/ outlet is agreeable for the same and agreeable for these Terms.

 

  1. You agree that by submitting, posting, or displaying Your Content (name, comment, review, details of the store, details of the product/ service, etc.) on our application/ website/ platform, you grant us and our affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Content in connection with the operation or use of our application/ website/ platform or the promotion, advertising or marketing of our application/ website/ platform or of our business partners’. This license also includes the right for other users on our application/ website/ platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to these Terms.
  2. We grant you a personal, limited, non-exclusive license to use and access our content, material and data as made available on our application/ website/ services subject to these Terms. However, we may limit or terminate your license to access our application/ website/ services at any time and for any reason without any notice. Unless otherwise provided hereunder, we have the absolute right, but not the obligation, to remove any content on our application/ website/ services. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Except as expressly provided in these Terms, this license will not confer any right on you to use automated technology to copy or post content available on our application/ website/ platform for the purpose of making derivative works.
  3. You shall not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
  4. You agree not to use the Application/ Website to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; (f) post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; (g) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (h) make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (i) violate any of the terms specified under the Terms for the use of the Application /Website/Services/products; (j) make available any content that is harmful to children, infringes any patent, trademark, copyright or other proprietary rights, violates any law for the time being in force, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, impersonates another person, 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 other nation, is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. You agree not to use the Site or Mobile Application to send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Us in our sole discretion.
  5. In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Website/ Application.
  6. Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard, and that you are singularly in charge of any harm to your PC or different gadgets for any loss of information that may come about because of the download of such substance.
  7. Persons who are "competent/capable" of contracting shall be eligible to register for the website/ Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We shall not be responsible for any consequence that arises as a result of misuse of any kind of Our Website/ Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). We reserve the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years or such other age as prescribed by the local laws of your jurisdiction, and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the we do not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.
  8. You agree to defend, indemnify and hold harmless I love my local store, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of I love my local store; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
  9. In no event shall the Application/ Website, its officers, directors, employees, partners, affiliates, or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/ Website. In no event shall our total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed INR 5,000/-.
  10. Any violation by You of the terms of the terms may result in immediate downgrading, suspension or termination of Your Accounts apart from any legal remedy that We may avail including an adequate remedy in money or damages. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
  11. Any unlawful information stored, posted, published by you on our application/ website/ platform, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, is liable to be deleted with immediate effect upon receiving actual knowledge with respect thereto from a court of competent jurisdiction or on being notified by the Appropriate Government (as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  12. In the event of any dispute arising out of or in relation to these Terms, the Parties shall try and resolve the dispute amicably in good faith through negotiations. In case the dispute is not resolved within a reasonable time, the Parties agree to submit the same for arbitration to a sole arbitrator, mutually appointed by the Parties. In the event that the Parties cannot agree upon a sole arbitrator, each Party shall appoint an arbitrator and the two arbitrators shall mutually appoint the third presiding arbitrator. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 of India. Arbitration proceedings shall be conducted in the English language and the venue and seat shall be Delhi, India. The award of the arbitration proceedings shall be final and binding on the Parties.
  13. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
  14. DISCLAIMER: THIS APPLICATION/ WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE/ APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
  15. All notices served by Us shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to Us should be sent to [email protected].
  16. The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Website/ Application from time to time, constitute the entire agreement between Us and You with respect to Your access to or use of the Application, Website and the Services thereof.
  17. You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms however are freely transferable to any third parties without the requirement of seeking Your consent.
  18. We shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, epidemics, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by the Application/ Website may be deferred for a period equal to the time of such delay.
  19. If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
  20. Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by it of that provision or right.
  21. The provisions, which by their nature are meant to survive the expiration or termination of this Agreement/ these Terms shall survive such expiration or termination.
  22. You acknowledge that Your participation on the Website/ Application, does not make You an employee or agency or partnership or joint venture or franchise of the Application/ Website.
  23. We are not liable for any infringement of intellectual property arising out of the material posted on, or transmitted through, or advertised on our application/ website, by users or any third party.
  24. We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at [email protected].

 

 

PRIVACY POLICY

 

  1. To use our resources and services, you might be required to provide certain information such as name, email, phone number, contact details, photograph, and information you provide directly through fields on the application/ website. You agree that any information you provide will always be accurate, correct, and up to date.
  2. The said information collected from the users could be categorized as “Personal Information”, or “Sensitive Personal Information”. Personal Information and Sensitive Personal Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”)) shall collectively be referred to as 'Information' in this Policy. We may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you.
  3. We may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you.
  4. In addition, the Application/products/services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/services/products. As is true of most Mobile applications, we also collect other relevant information as per the permissions that you provide.
  5. We may use the information we collect from you to enable you to post on the application/ website, surf the application, use certain features of the application/ website, to personalise user experience, to improve our application/ website in order to serve you better, to send periodic emails, communications, comply with law, prevent misuse, etc.
  6. We are committed to protecting and ensuring your privacy. We adopt reasonable industry standard security measures to protect your password from being exposed or disclosed to anyone. We are concerned about safeguarding the confidentiality of your Information. We provide physical, electronic, and procedural safeguards to protect Information we process and maintain. Only authorised employees have access to user details and information and are prohibited from using this information for any personal or commercial use.
  7. We send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. By visiting and using our application/ website, you give us permission for the use of cookies for the said purpose.
  8. We do not sell, trade, or otherwise transfer to outside parties, your information, without your consent. However, we may share your information with third-party service providers who may use this information for providing their services to us, including hosting providers, auditors, advisors, consultants, customer support, etc. The information collected may also be accessed or shared with our affiliates, or on account of business transfers/ acquisitions, merger, etc.
  9. We may include or offer third party links, services/ products on our application/ website as a part of using our services or resource or otherwise. These third party sites/ services will have their independent terms and privacy policies and you must go through the same for information about their practices. We therefore have no liability or responsibility for the content, activities of these sites.
  10. We will keep your information as long as it remains necessary for the identified purpose(s) for which it was originally collected, or as otherwise permitted or required by law, including but not limited to mandatory data retention laws in the relevant jurisdiction, government orders, or legal proceedings/ orders.
  11. Payment information that is collected by us and/or our payment processor is used to check your purchasing qualifications and to bill you for products and services. When you place an order online with us, your personal details and credit card information are scrambled using industry-standard SSL (Secure Sockets Layer) encryption technology before being sent over the Internet. We do not guarantee encryption or the privacy of your personal details and credit card information, and are not liable for the same.
  12. Where applicable under local laws, you may, in accordance with such laws, ask us to allow access to your information stored by us; correct, erase, delete your information, where appropriate; restrict processing of your information; or withdraw consent at any time when the processing relies upon your consent. In case a request for accessing information is made, the same may be made available on payment of a reasonable fee. We may also require further information from you to confirm your identity prior to providing the information requested.
  13. We may display personalised content, including from third party content publishers, and personalise ads, based on the information we have about you. We may also work with third parties such as network advertisers to serve ads on our application/ website/ platform and on third-party websites or other media. These third parties may use cookies, JavaScript, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you.
  14. Payment information that is collected by us and/or our payment processor is used to check your purchasing qualifications and to bill you for products and services. When you place an order online with us, your personal details and credit card information are scrambled using industry-standard SSL (Secure Sockets Layer) encryption technology before being sent over the Internet. We do not guarantee encryption or the privacy of your personal details and credit card information, and are not liable for the same.
  15. We do not knowingly collect information from minors. Minors are only allowed to use our application/ website/ services in terms of the Terms and Conditions.
  16. We may alert you by email or phone (through SMS/ call) to inform you about new service offerings or other information which we feel might be useful for you.
  17. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India, or elsewhere and may be subject to the laws of that jurisdiction.