Terms of Service
Last updated: 24th July 2024
Welcome to LocalMart. These Terms of Service ("Terms") govern your access to and use of the LocalMart website, mobile applications, and related services (collectively, the "Service") operated by LocalMart (the "Company", "we", "us", or "our"). By creating an account, logging in, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Plain-English Summary
- You must be eligible and create an account to use LocalMart.
- Sellers and professionals pay a subscription to have a storefront; LocalMart only showcases listings — we do not process purchases on the platform.
- You are responsible for what you post, and we can remove illegal or prohibited content.
- We own and protect our intellectual property; when you post content you grant us certain rights to display it.
- We try to keep LocalMart running, but we don’t guarantee it will always work. Use at your own risk.
- If something goes wrong, our liability is limited and you may need to indemnify us if you misuse the Service.
1. Definitions
- "Account" means the profile you create on LocalMart.
- "User," "you," or "your" means any visitor, registered user, seller, buyer, professional, or other person using the Service.
- "Seller" means a registered user or business that lists products or services on LocalMart.
- "Listing" means any content, advertisement, product entry, service offer, classified ad, or message posted by a User to the Service.
- "Content" means any text, images, audio, video, listings, messages, reviews, comments, or other material uploaded or posted to the Service.
- "Founders" means the founders, officers, directors, employees, agents, and contractors of LocalMart.
2. Acceptance of Terms
By accessing or using the Service, you agree to these Terms and to our Privacy Policy (which is incorporated into these Terms by reference). These Terms form a binding legal agreement between you and LocalMart.
Plain-English: Use the Service only if you accept these rules and our Privacy Policy.
3. Eligibility and Account Registration
- Age requirement. You must be at least 18 years old to register and use the Service. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms.
- Accurate information. You agree to provide accurate, current, and complete information during registration and to update that information as needed.
- Single account; credentials. You may only maintain one Account unless otherwise permitted. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.
- Verification. We may require identity verification of Sellers or Professionals. Refusal may limit or suspend Account privileges.
Plain-English: Be 18+, give true info, protect your password.
4. Seller Subscriptions and Billing
- Subscription model. Sellers and professionals pay a subscription fee to host a digital storefront. The pricing, billing cycle, trial period (if any), and payment methods are set out on the site at the time of purchase and may change.
- Free trial. If LocalMart offers a free trial, the trial terms and duration will be disclosed. We may require payment details to begin a trial and will begin charging at the end of the trial unless cancelled.
- Orders, WhatsApp communications, and transaction responsibility. LocalMart provides features that enable Users to send Order details (including product or service information, quantities, prices, contact details, and delivery instructions) directly to a Seller via third-party messaging services (for example, WhatsApp). By using this functionality you acknowledge and agree that:
- LocalMart merely facilitates the transmission of order messages between Users and Sellers and does not accept orders, process payments, receive funds, act as an escrow agent, or otherwise participate in the fulfillment, payment, or delivery of any order.
- Any negotiation, agreement, payment, delivery, return, refund, or other term relating to an order is solely between the Buyer and the Seller. Neither LocalMart nor the Founders are a party to any contract formed between Users as a result of communications sent through the Service.
- Users are responsible for verifying Seller credentials, product/service descriptions, prices, delivery timelines, return and refund policies, and payment methods prior to completing a transaction.
- Sellers are responsible for complying with all applicable laws, consumer protection rules, tax obligations, licensing requirements, and regulations that govern the sale, payment, delivery, return, and warranty of their goods and services.
- LocalMart does not endorse, guarantee, or verify the accuracy of any order terms negotiated between Users, and has no responsibility for Seller performance, product quality, delivery, or for any loss or damage arising from a transaction.
- LocalMart may log, store, or retain metadata or copies of messages sent through the Service for troubleshooting, moderation, fraud prevention, or compliance purposes; such logging does not make LocalMart a party to the transaction and does not create an obligation to monitor or verify messages.
- If a dispute arises concerning an order, payment, delivery, or product/service quality, the Buyer and Seller must resolve the dispute between themselves. LocalMart may, at its sole discretion, offer tools to assist with dispute resolution but is not obligated to mediate, reimburse, arbitrate, or otherwise resolve such disputes.
- You agree to indemnify, defend and hold harmless LocalMart and the Founders from any losses, claims, liabilities, damages, costs or expenses (including reasonable attorneys’ fees) arising out of or related to orders transmitted via the Service or communications with other Users using third-party messaging platforms.
Plain-English: You can send order details to sellers using WhatsApp through LocalMart, but LocalMart only passes the message along — it does not handle payments, deliveries, refunds, or guarantees. Confirm all terms with the seller before you pay. If something goes wrong, resolve it with the seller; LocalMart is not responsible.
- Billing and cancellations. Subscription cancellations must follow the process on the site. Cancellations do not automatically refund past fees unless otherwise stated in our refund policy. We reserve the right to suspend or terminate paid features for non-payment.
- Taxes. Sellers are responsible for any taxes (GST, VAT, income tax, etc.) arising from their activity on the Service.
Plain-English: Sellers pay for storefronts; LocalMart doesn't take payments for purchases — you're responsible for taxes.
5. Listings, Content, and Platform Use
- Your content. You retain ownership of content you post, subject to the license you grant to LocalMart in Section 6.
- Accuracy. Sellers must ensure listings are accurate and not misleading. Sellers must promptly update Listings to reflect availability, price, or description changes.
- Prohibited items and activity. You may not use LocalMart to offer or sell items or services that are illegal, fraudulent, or otherwise prohibited, including (without limitation):
- Illegal drugs, controlled substances, or unlicensed pharmaceuticals.
- Stolen, counterfeit, or infringing goods.
- Weapons or regulated items where prohibited by law.
- Adult sexual content or pornography where prohibited.
- Items or services facilitating hate, violence, or discrimination.
- Any listing that violates export or sanctions laws.
- Classifieds and message boards. Community boards must not be used for harassment, doxxing, spam, or illegal activity. We may remove posts or suspend Accounts at our discretion.
- Moderation and removal. We reserve the right to review, refuse, remove, or edit any Listings or Content for any reason, including suspected violations of these Terms, without prior notice.
Plain-English: Post accurate listings and don’t list illegal or harmful stuff — we can remove anything that breaks rules.
6. License to Your Content
- You grant us a license. By posting Content, you grant LocalMart a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, copy, modify, distribute, publicly perform and display, translate and create derivative works from your Content for the purpose of operating, promoting, and improving the Service (including syndication to third-party services and search engines).
- Limited purpose. We will use your Content only as reasonably necessary to provide and maintain the Service, unless you agree otherwise.
- Moral rights and attribution. Where legally required, you agree to waive or procure waivers of moral rights necessary for the license above.
Plain-English: We can use the stuff you post to run and promote LocalMart, but you still own it.
7. User Conduct and Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose or in violation of any laws or regulations.
- Bypass or interfere with security features, scrape or duplicate content, or reverse-engineer the Service.
- Upload viruses, malware, or malicious code.
- Harass, stalk, threaten, or defame other Users.
- Impersonate any person or entity or falsely state or misrepresent your affiliation.
- Use automated systems to post, collect, or extract data from the Service without our express written permission.
Plain-English: Be respectful — don’t hack, spam, or impersonate.
8. Reviews, Ratings, and Disputes Between Users
- Reviews and ratings. We may provide features that allow Users to leave reviews or ratings. You agree to leave honest, fact-based reviews. Fake or manipulated reviews are prohibited.
- Disputes. LocalMart is a neutral platform: we are not a party to any transaction between Buyers and Sellers. Users must resolve disputes between themselves. We may, at our discretion, offer dispute-resolution-tools or mediate but are not required to do so.
Plain-English: Be honest in reviews. If you have a problem with another User, sort it out with them — we’re not the payment or delivery party.
9. Intellectual Property
- Our IP. All content, trademarks, trade names, logos, code, design, and other materials on LocalMart (except User Content) are our intellectual property or used with permission. You may not use our marks or content without our express written permission.
- User IP claims. If you believe your IP has been infringed, follow our DMCA/complaint procedure (see Contact and Notices section).
Plain-English: Don’t copy our stuff. If someone copies yours, tell us.
10. Privacy
Our Privacy Policy explains how we collect, use, and share your personal information. By using the Service you agree to the collection and use described therein.
Plain-English: Our privacy policy explains how we handle your data.
11. Third-Party Services and Links
The Service may include links to third-party websites, products, or services. We are not responsible for their content, terms, privacy, or practices. Your relationship with third parties is solely between you and them.
Plain-English: Links to other sites are not our responsibility.
12. Warranties, Disclaimers, and No Guarantee of Sales
- No warranty. The Service is provided "as is" and "as available". Except where prohibited by law, LocalMart and the Founders expressly disclaim all warranties, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement.
- No guarantee. We do not guarantee any outcome, including that listings will result in sale, leads, or other commercial results.
Plain-English: We don’t promise the site will always work or that you’ll make sales.
13. Limitation of Liability
To the fullest extent permitted by law, neither LocalMart nor the Founders (including their officers, directors, employees, agents and contractors) will be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, loss of profits, goodwill, data, or business interruption arising out of or relating to these Terms or your use of the Service, even if we were advised of the possibility of such damages.
Aggregate cap. Where permitted by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service will not exceed the total amount of subscription fees you paid to LocalMart in the 12 months prior to the claim (if any).
Plain-English: Our liability is limited and capped.
14. Indemnification
You agree to indemnify, defend and hold harmless LocalMart and the Founders from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your breach of these Terms; or
- Your violation of law; or
- Your Listings, Content, or use of the Service; or
- Your interaction with other Users.
Plain-English: If you break the rules and we get sued because of you, you’ll have to cover us.
15. Termination and Suspension
- Termination by you. You may close your Account at any time via your account settings. Closing your Account does not relieve you of obligations arising prior to termination.
- Termination by us. We may suspend or terminate your Account, or restrict access to the Service, at any time for conduct we reasonably believe violates these Terms or is harmful to other Users or the Service.
- Effect of termination. Sections that by their nature should survive termination (including Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.
Plain-English: You can quit anytime; we can suspend or ban accounts that break rules.
16. Modifications to the Service and Terms
- Changes to the Service. We may modify, suspend, or discontinue any part of the Service at any time.
- Changes to Terms. We may change these Terms. If changes are material, we will provide notice (for example, via email or in-app). Continued use after notice constitutes acceptance of the updated Terms.
Plain-English: We can change the site or these rules — we’ll try to let you know.
17. Governing Law and Dispute Resolution
- Governing law. These Terms are governed by the laws of INDIA, without regard to conflict-of-law rules.
- Dispute resolution. Except for injunctive relief or as otherwise required by law, disputes will be resolved by binding arbitration under the rules of Indian Law Society’s Centre for Arbitration & Mediation (ILSCA), Pune / Pune International Arbitration Centre in Pune, India or via small claims court if applicable. The arbitrator may award any relief that a court could issue. Each party will bear its own costs unless the arbitrator decides otherwise.
- Injunctive relief. We may seek injunctive or other equitable relief to stop unauthorized use of our intellectual property or to prevent breaches.
Plain-English: Legal disputes will follow the laws and dispute process shown here.
20. Feedback and Improvements
If you provide ideas, code, feedback, or suggestions for improving LocalMart, you grant us a perpetual, irrevocable, royalty-free license to use them without any obligation to you.
Plain-English: If you give feedback, we can use it freely.
21. Security and Account Safeguards
You are responsible for keeping your Account secure. Notify us immediately of any unauthorized activity. We are not responsible for losses due to someone accessing your Account with your credentials.
Plain-English: Keep your password safe and tell us if your account is compromised.
22. Taxes, Duties and Regulatory Compliance
Users are responsible for complying with all local laws, tax requirements, licensing, and permits related to their use of the Service and the business activities they conduct using the Service.
Plain-English: Follow your local laws and pay your taxes.
23. Export Controls and Economic Sanctions
You may not access or use the Service in violation of export control laws or economic sanctions regimes.
Plain-English: Don’t use the site for illegal cross-border trade.
24. Anti-Fraud and Anti-Money Laundering
We may take steps to detect and prevent fraud, money laundering, and other illicit conduct. We may report suspicious activity to authorities.
Plain-English: We monitor for fraud and may report illegal activity.
25. Protecting the Founders and the Company
- Strong protective clause. The Founders, officers, employees, agents and contractors of LocalMart are third-party beneficiaries of these Terms and are protected by all disclaimers, limitations, and indemnities set out herein. You agree that no claim shall be asserted individually or collectively against Founders for any act or omission related to the Service, except to the extent that local law prohibits such limitation.
- No personal liability. To the maximum extent permitted by law, the Founders shall not have personal liability for any obligations or liabilities of LocalMart and are entitled to rely on the limitation of liability and indemnification provisions herein.
Plain-English: The founders are protected by these rules — you can’t sue them personally for Company actions except where the law prevents this.
26. Remedies for Misuse
If you misuse the Service or violate these Terms (including misuse of Listings, harassment, fraud, or infringement), we may, in addition to other remedies:
- Suspend or terminate your Account;
- Remove or block Content;
- Pursue civil or criminal action;
- Seek injunctive relief, damages, and costs (including attorneys’ fees).
Plain-English: Break the rules and we may ban you and take legal action.
27. Miscellaneous
- Assignment. We may assign these Terms and our rights hereunder. You may not assign your rights without our written consent.
- Severability. If any provision is found invalid or unenforceable, the remainder will continue in effect.
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and LocalMart regarding the Service.
- Waiver. Our failure to enforce a right is not a waiver of that right.
Plain-English: Standard legal backup clauses.
28. Contact Us
If you have questions about these Terms, please contact us at:
LocalMartEmail: chinmay@localmart.co.in
Address: 303, Aquila, 23, Ramnagar Colony, Bavdhan, Pune - 411021