Terms of Use
Last updated on 21 July, 2017.
This is an electronic record as per the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Loccul Infotainment Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include affiliates, successors and assigns) owns and operates this mobile application, Loccul and a website,(“ Loccul ”).
Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of Loccul is subject to and governed by the following terms and conditions (“Terms of Use”) along with all policies, notices, guidelines, disclaimers that are published on Loccul from time to time which are incorporated herein by way of reference including but not limited to Our privacy policy , report abuse policy , terms of sale , and such other terms as may be applicable to You as a User of Loccul. These Terms of Use shall be enforceable against You in the same manner as any other written agreement. User shall mean any person/ persons, who visits, uses, deals with and/ or transacts through the Loccul and includes a buyer, seller, guest user, and browser.
By accessing, browsing or otherwise using Loccul, You indicate Your acceptance to all the terms and conditions herein. If You do not agree to these Terms of Use, please do not use Loccul. You acknowledge and agree that by mere use of Loccul, You shall be entering into a legal and binding contract with the Company as per these Terms of Use. Please read these Terms of Use carefully before proceeding. You will use Loccul for lawful purposes only and comply with all applicable laws, including the applicable domesting and international laws and regulations while using and transacting on Loccul.
You may use Loccul without paying a fee as currently, We do not levy any fee for browsing, accessing, transacting or using Loccul in any manner. However, in future, We may charge a fee for the use of Loccul. We will try to ensure that You are made aware of the applicability of any fees for a particular use of Loccul, as well as the amount of fees payable by You. Further, We shall at any time change or discontinue any aspect or feature, including charging, modifying or waiving of fees. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of Loccul subsequent to such changes, including, change in the fees will indicate and imply Your acceptance to such changes/ modifications.
Who are We?
The Company is, interalia, engaged in managing and operating Loccul, which provides an online marketplace that facilitates purchase and sale of luxury products and provision of various services between buyers and sellers/ service providers and provides incidental services on behalf of sellers/ service providers. The Company is merely an intermediary and does not offer for sale any product and/ or offer any service for sale under the Company’s name and/ or under a brand name owned by the Company.
What are the Conditions to access, browse or use Loccul?
To access, browse or use Loccul, You must be a natural person who is atleast 18 years of age. If You are less than 18 years of age, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. You must not misrepresent Your identity.
Creating an Account
If You wish to create and maintain an account on Loccul (“Account”) in order to buy products or avail services, access certain content or upload content on Loccul, You will be required to furnish certain Account Information (“Account Information” shall mean and include certain information and details, including Your name, e-mail id, and any other information sought as part of the registration process deemed necessary by the Loccul). You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. By providing the Account Information, Your consent to receiving communications from Us including, but not limited to SMS, e-mails or phone calls with respect to Your transaction on Loccul and/ or for any other purpose is implied.
It is not compulsory for You to register on the Loccul. You shall be permitted to use, browse or search for products on the Loccul even without an Account as a guest User. However, without an Account, You may have a restricted access to use and avail services from Loccul. These Terms of Use shall be binding on guest Users also.
You shall be solely responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You will take sole responsibility for any activities or transactions under Your Account, whether or not You have authorized such activities or transactions. You will immediately notify us of any unauthorized use of Your Account. We will not be liable for any such unauthorized use.
You will provide authentic and true information in all instances. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and restrain You from using Loccul, without prior intimation whatsoever.
[email protected] requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account in accordance with Section 10 of this Terms of Use.
How to Use Loccul?
The Company grants You a limited sub-license to access and make personal use of Loccul and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of Loccul or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Loccul or its contents, any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Pursuant to the license granted by the Company, You may use Loccul only for lawful purposes. The Company specifically prohibits any use of Loccul for, and You agree not to use the Loccul for, any of the following purposes:
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Downloading any graphics, layout, text, content, instructions, images, audio, videos, designs etc. (collectively “Materials”) or User Content (as defined below) unless You see a ‘download’ or similar link displayed on Loccul by reference. For the purposes of this Terms of Use, “User Content” shall mean and include testimonials, reviews, comments, suggestions and other communication functionalities through which the Users may be provided with an opportunity to submit, post, display content and materials on the Loccul. User Content may also include information relating to products and policies uploaded on the Loccul, if the User is a seller;
Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting rights in, or in any way exploiting, any of the copyrighted Material on Loccul, in whole or in part, without Our prior written consent; or
Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on Loccul (except as may be a result of standard Internet browser or search engine);
Intentionally or unintentionally interfering with or violate any applicable laws related to the access to, or use of, Loccul, violate any requirements, procedures, policies or regulations of networks connected to the Loccul;
Accessing Loccul through means other than through the interface that is provided by the Company;
Engaging in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
Violating any of the terms specified under the Terms of Use or any other Loccul policies; or
Disrupting or interfering with the security of, or otherwise cause harm to, the Loccul Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through Loccul or any affiliated or linked sites. You shall further comply with the following conditions to ensure the security of Loccul:
You shall not misuse Loccul by knowingly introducing viruses, trojans, worms, logic bombs or other materials that may be construed as being malicious or technologically harmful viruses (collectively “Viruses”). You must not attempt to gain unauthorized access to the server on which Loccul is stored or any server, computer or database connected to this Loccul. You must not attack Loccul via a denial-of-service attack.
You will not delete or modify any content of Loccul, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Loccul or to Your downloading of any Material posted on it, or on any website linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
The Company will be entitled to seek damages and/ or be entitled to any other remedy available to it under the applicable law in the event of an unauthorised use by You.
www.loccul.com/privacy.html . As a visitor to Loccul, You are advised to read the privacy policy carefully.
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- User Content
We may provide You and other users with the opportunity to provide User Content.
Uploading User Content on Loccul amounts to publishing the User Content. By uploading the User Content on Loccul, You understand that all Users visiting Loccul will be able to view the User Content.The Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay You any compensation for any User Content; or (3) to respond to any User Content. The Company does not regularly review posted User Content, but reserves the right (but not the obligation) to monitor and edit or remove any User Content submitted on Loccul.
The Company does not assume any obligation of any kind to You or any third party with respect to Your User Content. You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any user or third party with respect to Your User Content and that the risk of harm or damage from the foregoing rests entirely with You.
You grant to the Company unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.
You agree not to use or encourage, or permit others to use the Loccul to perform including, but not limited to the following:
Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
Intimidate, cause annoyance and/or harass another and incite others to commit violence and/ or is bigoted, hateful, racially, ethnically or otherwise objectionable;
Harm minors in any way and impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity;
Make available any User Content that infringes any intellectual property rights or other proprietary rights of any party and manipulate or disguise the origin of any of User Content posted on, or transmitted through, Loccul including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on Loccul;
Not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loccul or of the Company without express written consent from the Company.
Not use any meta tags or any other “hidden text” utilizing Loccul’s or Company’s name or trademarks without the express written consent of the Company.
Do anything unlawful, misleading, malicious, or discriminatory;
Post anyone’s identification details and/ or documents or sensitive financial information on Loccul. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;
Use any of the Company’s domain names as a pseudonymous return email address;
Upload any User Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Any violation by You of this section may result in immediate suspension or termination of Your Account.
www.loccul.com/abuse.html for the procedure adopted by Us for such take down of allegedly infringing User Content.
Intellectual Property
All Materials, excluding the User Content, that are uploaded on Loccul by Us, unless otherwise stated, are owned, controlled or licensed by Us, Our subsidiaries or affiliates. The Company is the sole owner of the Trade Marks (“Trademarks” shall mean and include Company marks, service marks, trade name and any other marks used by the Company whether now or in future). Any and all rights to use any Materials and/ or Trademarks. not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors. You agree not to interfere with Our rights in the Materials and/ or Trademarks and that You will not harm, misuse, or bring into disrepute any of the Materials.
Loccul is operated by and is the sole property of the Company. Any and all Material on Loccul are protected by copyrights, Trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Loccul. Modification of the Materials on Loccul or use of the Materials by You for any purpose is a violation of the said copyrights, Trademarks and other intellectual proprietary rights, and is expressly prohibited.
All Trademarks, domain name, trade dress including the look, feel and design of Loccul, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company.
All third party trademarks advertised or displayed on Loccul belong solely to the respective third party and We do not have any rights over such third party trademarks.
We respect the intellectual property rights of others, and We expect Our Users to do the same. Therefore, as a matter of policy, any User Content uploaded on Loccul, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Loccul or otherwise pursuant to these Terms of Use. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on Loccul, by writing to Us at [email protected] or accessing Our Report Abuse section.
Disclaimer and Liability
All Materials and User Content on Loccul is provided to You on an ‘as is’ basis. You shall access Loccul and transact at Your sole risk and are using the Your best and prudent judgment before entering into any transaction through this Loccul. All necessary and reasonable care has been taken to ensure that the information on the Loccul is correct and error free. We apologize for any inadvertent errors that may have occurred during Your use of the Loccul.
We have taken all reasonable steps but cannot warrant that the use of the Loccul will be uninterrupted, completely error free due to the nature of the internet or fit for purpose,or that the Loccul or the servers that make them available are free of viruses or bugs,or represents the full functionality, accuracy, reliability of Loccul at all times. We cannot guarantee that any or all , and that defects will be corrected in a timely manner, or the result of using Loccul will meet your expectations. Also, Your access to Loccul may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
We do not make any warranty whatsoever, whether express or implied, relating to fitness or accuracy, reliability, completeness, timeliness, performance, safety, merchantability, quality, suitability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Loccul at any particular time or location.
The Company is further not responsible for any advertisement, representation, offer, warranty etc. displayed and/ or exhibited by other Users of Loccul.
We shall neither be liable nor responsible for any actions or inactions of any other User nor any breach of conditions, representations or warranties by the sellers or manufacturers/ service providers of the products/ services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers/ service provider or manufacturers of the products. We do not implicitly or explicitly support or endorse the sale or purchase of any products on Loccul. At no time shall any right, title or interest in the products sold through or displayed on Loccul vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on Loccul.
Loccul may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such Locculs. If You decide to access such linked Locculs, You do so at Your own risk. We do not in any way endorse the linked Locculs.
Similarly, Loccul can be made accessible through a link created by other website. Access to Loccul through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to Loccul are necessarily the same or similar to the idea, concept, aim or purpose of Our Loccul or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other websites are derogatory in nature to the objectives, aims, purposes, ideas and concepts of Loccul, is utilized to visit Loccul and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
Your obligations under this clause shall survive the termination of these Terms of Use.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers 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 to the Loccul; (ii) Your violation of any term of these Terms of Use or any other Loccul policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Loccul.
You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions/inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using Loccul.
Termination
We shall terminate Your Account if You breach any provisions of this Terms of Use. By breaching the provisions of this Terms of Use, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use Loccul will cease immediately.
In addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features / parts of Loccul, in the event it is determined by Us that You have violated any of these Terms of Use and/ or if You have violated any applicable law. Any such suspension or termination of access to Loccul may be effected by Us without providing You with a prior written notice in this regard.Your Account may also be terminated due to technical errors in Loccul.
Upon termination of Your Account or prohibition of Your use of Loccul, all rights granted by Us to You to use Loccul will automatically terminate and We shall have no further obligation or liability towards You.
You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on Loccul. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Loccul.
Upon termination of Your Account, You shall not create a new Account and use Loccul with Your details and/ or with the details of any other user.
Monitoring
All electronic communications may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law.Electronic communications and content may be examined by manual or automated means. The Company has the right to reject, at its sole discretion any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
General. This Terms of Use shall constitute the entire agreement between You and the Company hereto relating to the subject matter thereof, and there are no oral statements, representations, warranties, undertakings or agreements between You and the Company except as provided herein. The interpretation and enforcement of this Agreement shall be governed by the laws of India and You submit to the exclusive jurisdiction of the courts at Bangalore. You may not sell, transfer, assign, sublicense or subcontract any right or obligation hereunder without the prior written consent of the Company. Notwithstanding the foregoing, We may assign any part or whole of this Terms of Use to an affiliate or group company. If any term of this Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then this Terms of Use, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Us, Our successors, and assigns. Your or Our failure to insist on any one or more instances upon strict performance by the other party of any of the terms of this Terms of Use shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
