TERMS OF USE:
Introduction
Namelocals is a business Service Provider that promotes information and exchanges among its Users.
Scope of service
This Platform provides its need fulfillment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfillment are posted not by this Platform, but members (Users & Service Provider)’s of this Platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with Namelocals and are not a person barred from availing the services offered by Namelocals under the laws as applicable in India.
Namelocals requires registration for those who participate in a variety of its services. When you authenticate your email or mobile number for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
Registration
Your registration as a member of this Platform or the use of any of the features and services on this Platform either as a registered member or as an unregistered visitor constitutes acceptance of these Terms and Conditions and the Privacy Policy defined herein. These terms and conditions apply automatically to any new services and / or features introduced on this Platform.
Online registration
In order to become a Namelocals member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. Namelocals may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
Optional profile information
Once you provide the basic information to create an account, you will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognizing you as a Namelocals member
For this Platform to recognize you as a registered member, you must login with your login email and password or alternatively use Namelocals services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you choose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
Internet communication protocol information
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. Namelocals file logging system automatically logs all of this information in its log files for its analysis.
Newsletter subscriptions
Visitors to this Platform may also sign up with their name and email address for a variety of newsletters that this Platform produces with varying frequency without having to register. Namelocals confirms the subscription by sending an email to the email address specified before sending the newsletter.
Password
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorized purpose. Namelocals shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to myprofile@namelocals.com with your login email address. Your request will be processed within 7 business days.
Communications
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve Namelocals to record the calls made by you to Namelocals with respect to any services listed on this Platform. Namelocals at its discretion may delete such recordings from its database within a period of twelve (12) months.
Further, by using Namelocals services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Contacting businesses through this Platform
Namelocals uses certain virtual numbers and reserves the rights to display the same for contacting certain service providers. These are called User Virtual Numbers (“UVN”). This being the case, this Platform also holds the rights to contact those Users and Service Providers registered with the platform. The mode of contact may be through SMS / email / call, irrespective of whether the User is on the NDNC list or any other similar database.
You hereby waive your right to object and agree to not object and / or protest in relation to the same. All calls made through the UVNs between the User and the service provider shall be recorded by Namelocals for training and quality purposes including dispute resolution, service assurance, and other business purposes of Namelocals. You hereby give irrevocable consent to Namelocals for sharing the call recordings to other third parties for business purposes of Namelocals. You disclaim and / or abandon any right to sue and waive your right to object and agree to not object and / or protest in relation to any of this.
These terms are to be read in conjunction with Namelocals’s Privacy Policy and Namelocals’ Intellectual Property Rights Infringement Policy:
Accessing & transmitting the platform’s content
All text, graphics, User interfaces, visual interfaces, photographs and media of all types, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party User generated Content and this Platform has no control over such third party User generated Content as this Platform is merely an intermediary for the purposes of this Terms of Use. All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms, unless you are the original contributor of the Content to this Platform, in which case your use is governed by the terms governing Namelocals’s relationship with its contributors as covered below:
Contributing content to this platform
While primarily being a local service needs fulfillment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Namelocals provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
Message / comment board
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Namelocals and such communications shall not be considered reviewed, screened, or approved by this Platform. Namelocals reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
Using this Platform’s services
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
Responsibility of Platform visitors
You acknowledge that:
Namelocals disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to myprofile@namelocals.com. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the Namelocals.com domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Namelocals or others, Namelocals may, in its discretion, terminate or deny access to and use of the platform.
Using Namelocals.com’s local service Need fulfillment Platform
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
You hereby approve and / or authorize Namelocals to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against Namelocals in relation to the same.
Payment
Payment of transaction amount can be done online if Users choose to do so. The User can:
The User and the service provider agree that:
Using Namelocals’s travel quotes services
This Platform provides Namelocals.com travel quotes as a service to receive air-fare quotes from various travel agents (” Service Providers “) around the world. Namelocals provides the platform but does not directly participate in, nor is it involved in any transactions. Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before sending a quote. This Platform will then send the information as filled in by the User on the form to various agents but does have any control over the feedback provided by the agents. Therefore, Users of this service should be aware that:
Namelocals Score
Access and use of this service and related facilities (hereinafter for the sake of brevity referred to as “Namelocals Score”) is subject to following terms. Please read these terms carefully before using the services.
Description of service
This Namelocals Score reflects Namelocals’s assessment of a business, based on ratings, reviews and profile views in our Platform and other information submitted to us by the business. Namelocals does not endorse any particular business and does not guarantee quality, reliability or capability of a business. To avoid any ambiguity, it is hereby represented that Namelocals Score shall not act as a Perfect Index to assess and judge the capability, quality and reliability of a Business nor shall it be construed as a score for interpreting the quality of a business. Namelocals Score does not predict the outcome of service provided by a business. Rather, Namelocals Score is just a helper for Users to gather information about businesses who may be suitable for their needs. Users should not rely solely on Namelocals Score in deciding on a business for their service. Assessment of the same business may vary in other sources or may have been assessed based on different information. Namelocals shall make every effort to avoid errors in the scoring system. However, we do not take any responsibility for any errors and request service providers to check their scores for errors as soon as they are published. All reasonable efforts will be undertaken by us to edit errors which are brought to our attention as contemplated under these Terms of Use.
Usage of service
By using this service, you agree to abide by the following terms and conditions:
Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features. It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Your usage
Subject to your compliance with this terms and use, Namelocals grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use Namelocals score and other Contents in the platform.
You must not:
Namelocals disclaims any and all responsibility or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against Namelocals with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Namelocals reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
Reporting:
In the event you discover that Namelocals Score is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
Your notice should be sent to us in writing:
By email to admin@namelocals.com
OR
By post to the registered office of the company at :
Namelocals(Namelocals.com)
Mahlau
Road No.1, Izzat Nagar
Bareilly, Uttar Pradesh-243122
Namelocals shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Disclaimer
Namelocals does not warrant that Namelocals Score clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
Self serve portal
Access and use of the Self-serve portal service and related facilities, (hereinafter for the sake of brevity referred to as ‘Self-Serve Service’), is subject to following terms. Please read these terms carefully before using the services.
The terms of this Agreement shall include the “Terms of Use ” for Users of this Platform insofar as such terms are not contrary to the terms provided herein in case of any contradiction, the terms provided herein shall prevail.
Usage of Self-serve Service
By using the Self-Serve Service, you agree to abide by the terms and conditions. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time by updating the changes online. We may, from time to time, release new tools and resources, revise methodology of calculating the score and or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
It is your responsibility to check this page from time to time for updates or changes in terms and conditions.
Description of service:
Self-Serve Service assists the Service Provider to automatically list his business under the Platform. Namelocals provides its need fulfillment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. Namelocals provides the Platform and enables the Users to find Service Providers/book services. Namelocals does not endorse any particular business and does not guarantee quality, reliability or capability of a business.
You may not post or list any service offerings that are restricted or prohibited by a state or local legislation or rule in India or other applicable jurisdictions. You, as the Service Provider, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction…
Service offerings that are prohibited by laws, regulations, sanctions and trade restrictions in India or any applicable jurisdiction are strictly forbidden in the Platform. Namelocals as an entity prohibits and does not espouse or encourage usage of the Platform for posting of service offerings which directly encourages any illegal activities, any pornographic material or items that are sexual in nature, any service offerings that promote hatred, violence, racial or religious intolerance. It is your responsibility to determine whether the service offering of any listed item is authorized by law, statute, or regulation. Without limitation, the following service offerings may not be sold or listed on the platform to make firearms, explosives, and ammunition; alcoholic beverages; tobacco products; service offerings of food that is not packaged or does not comply with all applicable laws; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods / services that are, in Namelocals’s discretion, indecent, obscene or pornographic; registered or unregistered securities; goods/services which you do not have the legal right to sell /perform; goods which are misrepresented or which do not in fact exist; goods / services which, if sold via the Platform, would cause Namelocals to violate any law, statute or regulation. The above list of service offerings prohibited under the Platform is only illustrative and shall not be considered as exhaustive in nature. The list shall be updated on a continuous basis.
If you are unsure about the service offering you wish to list with the Platform in regard to its appropriateness or legality, please contact our Customer Services department by dropping an email to myprofile@namelocals.com.
You as a service provider do hereby confirm that the information uploaded or listed under the Platform is correct. No fraudulent information or service offering shall be listed under the Platform, which can either directly or indirectly be categorized as false and incorrect. You shall ensure that no errors are made before uploading / listing information into the Platform. Namelocals, does not take any responsibility for any errors and requests Users and Service Providers to check and verify the information before making any transactions. All reasonable efforts will be undertaken by Namelocals to edit errors which are brought to its attention as contemplated under this Terms of Use.
Your Usage:
Subject to your compliance with this Terms and Use, Namelocals grants you limited, personal, non-exclusive, revocable, non-assignable and non-transferable right to use “Self-Serve” product and list your business along with service offering on the Platform.
You must not:
As a Service Provider you agree to list the business information and service offerings in the right category and accurately describe the service offerings. You must be at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Self-Serve Service in accordance with all Terms & Conditions herein. If you are listing your business offering using the Platform, you further warrant that you have legal authority to enter into other binding & selling agreements for the purchase or sale of goods/services. You agree to be financially responsible for all of your use of the Self-Serve Service (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Platform, including without limitation your name, email address, street address, telephone number, credit card number (when required), and items listed under your service offering, their description and price offered ( when required) is true and accurate. You may be required to provide certain business & government documents that will be used to authenticate your listings. You declare that the documents submitted are true and correct.
You shall be courteous and treat Users of the Platform with dignity and respect. You hereby agree that Namelocals at its discretion is entitled to unilaterally remove your listing from the Platform without any liability and take appropriate action against you , in case of User complaint on complicit or derogatory treatment.
Namelocals disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Namelocals with respect to the content or operation of any third party services.
Using our Self-Serve Service does not give you ownership of any intellectual property rights in our Self-Serve Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the Terms of Use and acknowledge that Namelocals reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
Reporting:
In the event you discover that service offering or any other information is wrongly attributed to a particular business and requires amendment, then you may please notify the same to us in writing with following details:
By email to admin@namelocals.com
OR
By post to the registered office of the company at :
Namelocals(Namelocals.com)
Mahlau, Road No.1, Izzat Nagar
Bareilly, Uttar Pradesh-243122
Namelocals shall verify the request and make earnest efforts to rectify the errors within reasonable time.
Disclaimer
Namelocals does not warrant that Self-Serve Service clearly represents the capabilities of the business nor shall it be construed as a mechanism to rank the business in the order of their quality and performance.
Indemnification
You hereby agree to indemnify, defend and hold harmless Namelocals, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
Namelocals reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. Namelocals reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. Namelocals reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of Namelocals and you release Namelocals and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consent to receive calls / SMS’s from Namelocals in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Namelocals further reserves the right to send emails and SMS related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall Namelocals have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. Namelocals shall not be responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. Namelocals is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Namelocals and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Namelocals shall be entitled to claim appropriate sum towards all damages and compensation from you and other responsible parties in case loss of profit due to Fraud.
Settlement
Namelocals may settle any amount collected on behalf of the Service Provider inclusive of taxes for a particular transaction within the acceptable timelines agreed by Namelocals and the Service Provider under this terms of use or via email. Namelocals is not responsible for any delays caused by banks and settlement intermediaries once the payment is initiated.
Namelocals shall not be responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. Namelocals will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold Namelocals harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms of Use.
Notwithstanding anything expressed hereinabove, the maximum liability for Namelocals under this Terms of Use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Namelocals be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Namelocals, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if Namelocals, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Namelocals does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.
Any payment made in respect of Self-Serve Service shall be governed by the terms dealing with Payment provided for in the “Terms of Use”.
Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
FAILURE OR DELAY IN SERVICES BY THE SERVICE PROVIDER
Namelocals (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Namelocals shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
Indemnification
You hereby agree to indemnify, defend and hold harmless Namelocals, its owner, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
CODE OF CONDUCT FOR SERVICE PROVIDERS / USERS
These terms are in addition to and must be read in consonance with the terms mentioned above under the head ‘Accessing & transmitting Platform’s Content’
Private communication, including email correspondence, is not regulated by this Platform. Namelocals encourages its Users to be professional, courteous and respectful when communicating by email. However, Namelocals will investigate and can take action on certain types of unwanted emails that violate this Platform’s policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Instances:
Threats of bodily harm – this Platform does not permit Users to send explicit threats of bodily harm.
Violations of this policy may result in a range of actions, including:
Use of any physical force against the employees Namelocals
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of Namelocals to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
Events
The following are the terms and conditions under which this Platform is providing the ticketing service and under which this Platform is to be used.
All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the subscriber, neither the client nor this Platform will replace lost, stolen, damaged or destroyed tickets.
When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where “ticket delivery” feature is available and chosen, please allow enough time for the delivery of your ticket order.
If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and this Platform is not responsible for deliveries that take longer.
‘Will call’ orders can be processed up to the day of the event. Where “will call’ feature is available Will call feature: is when a ticket is carried to the venue and is redeemed before entry and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket.
This Platform will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the subscriber to ensure that the email address provided is correct and accurate.
Occasionally, events are canceled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. The User hereby agrees and acknowledges that if the event is canceled, delayed or postponed for any reason, Namelocals shall have no responsibility whatsoever.
In such an event, please contact the organizer for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. This Platform assumes no responsibility for such refunds and processes refunds only as instructed by the event organizer.
Disclaimer of warranties & indemnities
Your use of this Platform is at your own risk. This Platform is provided by Namelocals, on an “as is” and “as available” basis. To the full extent permissible by applicable law, websites disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Namelocals. Further:
You acknowledge that any warranty that is provided in connection with any of the products or services made available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that product and / or service and not by Namelocals. Further:
Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.
You agree to indemnify, defend and hold Namelocals, harmless from all claims, damages and expenses (including attorney’s fees) made by any third party arising out of your Content, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website.
Limitation of liability
In no event shall Namelocals, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
Notwithstanding anything expressed hereinabove, the maximum liability for Namelocals under these terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
Void where prohibited
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. Namelocals reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, Namelocals makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
Termination
Namelocals, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
Additional notices
Contact details submitted on forms
By submitting this form, you authorize Namelocals to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Call registry or requested Namelocals or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialer to reach you. You understand that you are required to consent to receiving autodialed calls / messages / texts as a condition of procuring or using any of this Platform products or services. You authorize and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
If you do not wish to authorize Namelocals to contact you in this manner, you will need to call 6000 4050 to complete your request.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS’s from Namelocals in accordance with the ‘Do not disturb’ guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. Namelocals further reserves the right to send emails and SMS related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
UVN
Independent investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.
“TERMS OF USE FOR SERVICE PROVIDERS”
For the purpose of this Terms of Use, wherever the context so requires, “you” or “User” shall mean any natural or legal person who is a Service Provider on this Platform. The terms “we”, “us”, “our” shall mean the Platform
Please read the following Terms and Conditions which are applicable to your use of this Platform.
General release
Passwords
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorized purpose.
Compliance with laws
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
Others Information
You agree not to make use of anyone else’s information concerning this Platform’s market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
OWNERSHIP OF DATA
When participating in any of this Platform’s service, you may provide us with information about yourself and / or products and services listed. You grant Namelocals exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on this Platform’s services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented in connection with your listings on this Platform.
RIGHTS TO TERMINATE
You agree that Namelocals, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
RELATIONSHIP
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Namelocals and any User / Service Provider of the Platform.
FALSE INFORMATION
If at any point of time Namelocals finds that the information provided by you in your registration or web mail is false, Namelocals reserves the right to terminate your account.
FREE LOOK PERIOD
You have the right to review the Terms & Conditions and cancel your campaign on this Platform, within 7 working days from the date of your campaign going live. If you choose to cancel your campaign, your refund will be processed as per Refund terms listed under the ‘Terms of Use’.
REFUNDS
Refund of booking fee
A booking fee excluding other applicable taxes may be collected by Namelocals for the transactions booked through the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call Service provider care toll free number of this Platform wherein the complaint will be noted for review. Namelocals holds the authority to decide if the booking fee should be refunded for this complaint. Further, the User will not have any right to claim or allege anything against Namelocals in respect of services provided/money collected by the Service Provider from the User beyond the booking fee amount.
In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of Namelocals, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law.
Cancellation
Users shall directly contact Namelocals for processing any requests pertaining to cancellation of bookings.
On receiving cancellation requests, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the booking fee is non-refundable.
REFUND OF TRANSACTION PAYMENT – SERVICE PROVIDER
Namelocals refund policy:
Namelocals is not obligated to refund to you any amounts or fees paid by you while placing the order, except solely in the event you cancel or terminate your subscription within the ‘seven days from the date of activation of campaign following your agreement to purchase a service package. You authorize Namelocals to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, or any other fees charged by Namelocals. Namelocals strives to ensure all on boarded customers are provided the best service, but in the remote cases where the customer wants to cancel the campaign and seek a refund:
In case of any rejected and/or non-activated campaigns, Namelocals will make best effort to process the refund within a period of 15 days (Fifteen days) from date of clearance of payment.
For activated campaigns, refunds will be processed as follows.
You have the right to review the Terms & Conditions and cancel your campaign on this platform. If you choose to cancel your campaign within 7 days from the date of your campaign going live., your refund will be processed without deductions on the paid amount. Namelocals, subject to terms and applicable policies shall offer a complete available amount towards refund to the customer if the refund request is raised within 7 days from the date of activation of the campaign.
In case of any refund request raised after a period of 7 days and within 30 days from the date of activation of campaign, Refund amount shall be calculated after deducting – 20% of the Net Cleared Amount towards cancellation charges and deduction of served value (tenure/ leads/ Responses/ Monthly platform charges & Gift vouchers Delivered, Namelocals Bonus), if any.
Net Cleared amount refers to balance available against the Campaign after deduction of GST /other applicable taxes. Bonus amount provided by Namelocals under the engagement shall not be used for calculation of net cleared amount.
No refund requests shall be accepted by the company, after completion of 30 days from the date of activation of the campaign.
All/any requests for refund shall be in writing and shall be communicated to the customer care team of the company by email to ‘care@lenamelocals.com’ from the registered email id of the customer. No other modes of communication for refund shall be accepted by the company. All refunds will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the customer’s card account / bank account.
APPLICABLE LAW AND DISPUTE RESOLUTION
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by Namelocals. The place of arbitration shall be in Bareilly, Uttar Pradesh, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Bareilly, UP shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with Namelocals.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
Rewards and Points system for Users
User Terms-Booking Model
The following terms constitute a legally binding agreement (“Agreement”) between you and Namelocals.com New Media Pvt Ltd (Namelocals) governing use of www.namelocals.com and related mobile applications (together referred to as “Platform”) and any transactions performed in the platform. Namelocals matches the needs of users with that of the service provider and acts as an intermediary in the need fulfillment process. This is an agreement between you as the user of the Platform and Namelocals.com (“Namelocals”). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the platform for any purpose and we,” “us,” “Company” or “our” refers to entity that you are contracting for the service i.e Namelocals (Namelocals.com). By subscribing to or interacting with other User(s) on or entering into negotiations in respect of need or subscribing to any services on or using the platform in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
If you do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the platform in any manner. This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes.
This Agreement applies to all services offered on the Web Site and by Namelocals, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
Users of this service are responsible for all aspects of the transactions in which they choose to participate. Namelocals requires a user to register before posting a service need requirement or uploading any content on the platform. Namelocals does not review or authenticate all listings, items, or services offered for sale. Namelocals has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Service Providers to service the need or the ability of executives to perform the services as per users’ need requirements. Therefore, users of this service should be aware that:
User agrees that and accepts exclusions and inclusions under scope of service as displayed at the time of placing the order in the platform. Users accept that Namelocals shall not be held liable for any change in exclusions and/or inclusions by the service provider at the time of rendering the services booked through the platform.
Service Providers and users are completely responsible for working out the sale and exchange of goods or services. Namelocals is not responsible for any non-performance or breach of any contract entered into between the users and Service Providers. Namelocals cannot and does not guarantee that the respective service provider will perform any transaction concluded on the Namelocals portal.
Both user and Service Provider do hereby agree that Namelocals shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
Service Providers and users are responsible for all applicable taxes and for all costs incurred towards any transactions emanating from the platform. Service Providers and users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate
Namelocals will not be liable for damages of any kind incurred to any parties as a result of the information contained in Namelocals.com website. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. Namelocals disclaims any and all responsibility or liability for any harm resulting from your use of third party Services, and you hereby irrevocably waive any claim against Namelocals with respect to the content or operation of any third party services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
You agree to comply with the terms of use and acknowledge that Namelocals reserves the right to terminate your account or take such other action ( including legal remedies) as deemed fit if you commit breach of any terms of use.
User agrees that Namelocals is a platform, indemnifies Namelocals, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes. We do not control the information provided by other users that is made available through our system. Users may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
It is confirmed and acknowledged by the user that all/any information provided by the user, including name, age, contact details and other details to Namelocals are accurate and can be used and forwarded by Namelocals to Service Provider(s). Any such act, committed by Namelocals shall not constitute a violation of privacy or other rights of the user.
At no time shall Namelocals have any obligations or liabilities in respect of all/any transaction entered into between the user and Service Provider. Namelocals is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
Namelocals does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services in the website.
Namelocals shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a user, directly or indirectly by use or non-use of services mentioned in the website
Prices mentioned (if any) on the Namelocals portal are subject to change. Users are advised to check with the Service Provider for the final price and additional charges applicable, any. Users agree that they shall directly negotiate with service providers in case of change of rates and make payments towards all outstanding dues.
User(s) agree to fully assume the risks of any transactions (“Transaction Risks”) conducted on the basis of any content, information or any other material provided on the platform and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
Notwithstanding anything expressed hereinabove, the maximum liability for Namelocals (Namelocals.com) under this terms of use or otherwise shall be the refund of the money collected from you for any specific service, under which the liability arises.
In no event shall Namelocals (Namelocals.com) be liable to both user and customer on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [A] the use or the inability to use our services or access content, [B] the cost of procurement of substitute goods and services resulting from transactions entered into through or from Namelocals, [C] the unauthorized access to or alterations of your transmissions or data, [D] statements or conduct of any third party on the service, or [E] any other matter relating to the service, even if Namelocals.com, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. Namelocals (Namelocals.com) does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
Pricing for the services will be as described in the respective page of the platform.
Users shall be provided with the option to book the service by paying a percentage of payment in advance through the platform.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Namelocals is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Namelocals of such Third-Party Services.
You represent and warrant that: (i) neither you nor service location is/are located or take place in a country that is subject to a Indian embargo, or that has been designated by the Indian Government as a “terrorist supporting” country; and (ii) you are not listed on any Indian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Namelocals reserves the right to modify these Payments Terms at any time subject to this clause. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Platform and update the “Last Updated” date at the top of these Payments Terms. You are requested to check and verify that you are in agreement with any/all changes.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Namelocals is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
User agrees and accepts that any service booked for the platform cannot be canceled under any circumstances. User agrees and accepts that any booking fee or such other amount paid in Namelocals platform towards booking of service is non-refundable.
If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
Notwithstanding Namelocals’s appointment as the limited payment collection agent of Service Providers for the purposes of accepting payments from Users through the Namelocals’s Platform, Namelocals explicitly disclaims all liability for any act or omission of any Service Provider or other third party. Namelocals does not have any duties or obligations as agent for each Service Provider except to the extent expressly set forth in applicable Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Service Provider and/or User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider/ User or guarantee that a Service Provider/ User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Namelocals and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Namelocals’s Collection and Remittance of applicable Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
Neither Namelocals nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other users or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Namelocals has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Providers pursuant to these Payments Terms, in no event will Namelocals’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed or Indian Rupees Two hundred only (INR 200/-), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Namelocals and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of India. This does not affect Namelocals’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
This Agreement shall be governed exclusively by the laws of India. Any action brought hereunder shall be brought exclusively in the courts in Bareilly, UP, and both parties hereby consent to the jurisdiction of such courts and to such venue, which both agree is convenient.
Any dispute or difference arising out of, or in connection with, your usage of platform or the breach thereof which cannot be amicably settled between User and Namelocals (including through alternative dispute resolution procedures as may be agreed to by the Parties) shall be arbitrated in accordance with the Indian Arbitration and Conciliation Act, 1996 or any statutory enactment or reenactment in force. The seat of the arbitration shall be Bareilly, UP, India. A Sole arbitrator appointed by Namelocals shall conduct the arbitration proceedings, whose reward shall be final. The language of the arbitration shall be English. Outside India, the Parties agree to go through Alternative Dispute Resolution (ADR) procedures, arbitrated in accordance with the UNCITRAL Arbitration Rules as at present in force.
Any resulting arbitral decision shall be final and binding on both parties. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Such judgment shall be in lieu of any other remedy.
Please note that the clauses of this agreement along with applicable policies placed in the platform can be changed/altered over time. Users are advised to regularly check our privacy statements for such updates and ensure that they do are in agreement with changes and updates. The Agreement read with terms of use, copyrights policy, Privacy Policy and such other policies placed in the platform constitute the entire agreement between the User(s) and Namelocals with respect to access to and use of the Namelocals, superseding any prior written or oral agreements in relation to the matters described hereinabove