1. Portal ownership
Omex ecommerce Pvt. Ltd. (hereafter referred to as Owner), is the Owner of the web portal www.localguy.in(hereafter referred to as Portal).
Company Office: 410, STPI Incubation Center, SDA Complex, Kasumpti Shimla- 171009
The name(s) of the domain(s) through which you have accessed the Portal is (are) property of the Owner. The above mentioned name(s) of domain(s) will not be able to be used in connection to other contents, products and/or services that are not property of the Owner and also, in a form that discredits the Owner or can lead final users to confusion.
2. Right to Object
The Owner reserves the right, at its sole discretion, to terminate, suspend or interrupt at any time and without prior notice the access to the products, services and Contents of the Portal, as well as the same configuration of the Portal, provisions, products, services and Contents, without giving the possibility to the User to claim nor seek any kind of compensation; and specifically, due to maintenance, repairs, updates, improvements and or complying to technical changes, operational and or legal.
3. Access and use of the portal
The simple access to the Portal, the use of its Contents offered in it, as well completing forms, publishing information, sending information requests, queries, claims and, in general, any act of similar to the above mentioned (specially, if they are carried out through existing means in the Portal) will imply, by the part of whom navigates the Portal, the acquisition of consideration as a User and the unreserved acceptance of all and each one of the rules which are part of the present Legal Notice. Accordingly, all User must attentively read and we familiar with the content of the present Legal Notice.
Unless otherwise expressly established, the access and use of the Portal, by the Users, has a free and open access. Nonetheless, the Owner reserves the exclusive right to decide the access and use of the products and services offered through the Portal will have a free nature or, for the contrary, if he decides to require economical compensation for this matter, in which case the amount, payment method and all other relevant specific conditions will be expressly notified to Users with anticipation to its entry into force, in a way that the User can voluntarily desist from the access and/or use of those products or services which imply the payment of any amount. Once the specific conditions enter into force, the access and use of the products or services by the User will imply, for the part of the User, the express compliance with the specific conditions.
The use, provision and/or contract of the products or services which, if applicable, can be offered by the Owner can be subject to the previous observance of formal requirements such as a previous registration, completion of forms, formalize the subscription to them, the payment of charges or fees and/or the previous acceptance of the specific conditions that result from its the application.
If the use, provision and/or contract of any product or service offered through the Portal, the User must submit its registration, and will be responsible for providing true and legitimate information, ensuring the authenticity of all the data that are given at the time of completing all the forms established to access the relevant products and/or services. In the case of the need to use a password due to registration, the User commits to make diligent use of it and to maintain its confidentiality. Therefore, Users are responsible of the adequate custody of their identifications and/or passwords that are provided to them by the Owner and, they commit to neither to lease their usage rights to third parties, permanently or temporarily, nor allow the use by an alien party. It will be the User’s exclusive responsibility the use and/or contract of products or services offered in the Portal, by any third party which in an illegitimate way uses for that effect a password or identification provided to the User, when it takes place due to a non-diligent act or the loss of it by the User, except the User has immediately informed the Owner.
Due to the above, the User is obliged to notify in an immediate matter the Owner of any act that can develop in an inappropriate use of the identifications and/or passwords such as the theft, loss, or not authorized access to the Portal by a third party, with the purpose to proceed to its immediate cancellation. During the time frame in which these acts are not notified, the Owner shall not be held liable for any responsibility that could result from the inappropriate use of the identifications or passwords by non-authorized third parties.
In all cases, the access, navigation and use of the Portal and, when applicable, the use or contract of products or services which are offered through the Portal is done under the User’s sole and exclusive responsibility, hence, the User commits to observe carefully and faithfully any additional instruction, provided by the Owner or by the Owner’s authorized personnel, related to the use of the Portal and its contents.
Therefore, the User is obliged to use the contents, products and services in a diligent, correct and lawful manner, in concordance with the current regulations and, in specific, compromises to abstain from:
- Using them in purpose or effect contrary to the Law, moral and the good conducts generally accepted or to public order and to the instructions received by the Owner.
- Using them in a way which harms the legitimate rights of third parties.
- Using the content and products and, in particular, the information of any kind obtained via the Portal or from the services to send publicity, communication for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a group of persons, independently of the objective, also refraining from commercializing or divulging the said information in any manner or form, except if the Owner gives prior and expressly authorization.
- Using contents and/or services in any way which may harm, render useless or deteriorate the Portal or its services, or prevent normal enjoyment of the Portal and/or contents and/or services by other Users.
4. Disclaimers, warranties and liability.
The Site may contain information, opinions, advice, notices and statements supplied by different sources of information as well as from any User of the Portal. The Owner is not responsible for the decisions made by Users based on the information provided through the Portal. Any information published in the Portal must be understood as created exclusively with general purposes. The Owner provides no guarantee and shall not be liable for the accuracy or reliability of information. Therefore, the Owner does not guarantee the reliability, usefulness, truthfulness nor the accuracy, completeness or up-to-date nature of neither such information nor the results obtained from the use that can direct to such information and shall not be held liable regarding the Users.
The Owner shall not be liable and, to the maximum extent permitted by applicable law, excludes any warranties, expressed or implied, for a particular purpose, merchantability and noninfringement, no compliance, completeness, accuracy, reliability or update of the contents, services, products or other elements included in the Portal, or the results obtained from accessing and using the Portal and/or its content. The Portal and any content, product and/or service offered in it are offered “as is”. The User is aware and voluntarily accepts that the use of the information published and/or provided related to the products or services offered in the Portal are done under its sole and exclusive liability.
In specific, and to the maximum extent permitted by applicable law, the Owner does not guarantee neither shall be liable for:
- The continuity of the contents for the Portal and/or the lack of availability or access to the Portal nor the technical continuity of it;
- The existence of interruptions or errors in the access to the Portal, as well as technical issues or failures that arise during the Internet connection;
- The absence of errors or inaccuracies in its contents, services or products;
- The absence of viruses and other components that could be harmful in the Portal or in its server;
- The invulnerability of the Portal and/or impregnability of the security procedures that are taken into action;
- The reliability and adequacy, with a specific purpose or aim, of the Portal, of the products or services incorporated in it and of the information published and/or provided related to the previously mentioned products or services;
- When appropriate, the lack of usefulness, benefit or performance of the contents or services of the Portal;
- For the damages which are caused, to itself or to a third party, any person who violated the terms, conditions or rules that the Owner establishes in the Portal or through the breach of its the security systems;
- Any other damages that could be caused by reasons stemming to for non-functioning or faulty functioning of the Portal or to the websites that, if present, have been established through links.
However, the Owner takes all necessary measures, within the possibilities and the limitations of technology, to ensure the working order of the Portal and prevent the existence and/or transmission of viruses and other harmful components to the User.
The Owner uses its best endeavors to prevent errors in the contents published in the Portal. All of the contents that are offered through the Portal are updated and the Owner reserves the right to make, at any time, any changes to the contents. The Owner shall not be liable from any consequences that may arise from errors in content, which might appear in the Portal, when they have been facilitated by third parties and the Owner has not been aware of such errors.
To the maximum extent permitted under applicable law, the Owner shall not be liable for the loss of benefits, income, data or financial losses nor indirect, special, derived, exemplary or punitive damages. In all cases, the total liability of the Owner for any claim filed through these conditions, including any implied warranty, is limited to the amount that the User has paid for the use of the Portal. In no case, the Owner will be liable for any loss or damage that is not reasonably foreseeable.
5. Prohibitions and restrictions.
All communications or transmission of content that infringe third party copyright or is threatening, obscene, defamatory, pornographic, racist, against personal dignity or children’s rights and, ultimately, anything that contravenes current legality is prohibited or any conduct that provokes or constitutes a criminal offense.
Equally, the inclusion and communication of contents by users which are false or inaccurate and which induce error or mislead the rest of Users or the Owner’s personnel, in particular those contents which are protected by whichever intellectual, industrial, of image or of similar nature property rights belonging to third parties without the authorization of the content´s owner, and which undermine or harm the Holder, and which can be considered as illegal, misleading or unfair advertising and which contains viruses or any other electronic element which could harm or hinder the functioning of the Portal, or the net, IT equipment belonging to the Owner or to third parties and or the access to the Portal by the rest of the users, remains totally prohibited.
If the User violates any of the above mentioned prohibitions/restrictions, or the Owner has or implies reasonable arguments to suspect that the User has violated any of the above mentioned, the Owner reserves the right to cancel or suspend the User’s account and to deny, current and future, access and use of the products and/or services of the Portal (or any part of it).
6. Industrial and intellectual property rights.
The Owner holds or has obtained the corresponding license over the exploitation of intellectual, industrial or image property rights over the content available throughout the Portal including but not limited to the texts, graphic designs, drawings, source code, navigation structure, software, photographs, videos, sounds, databases, indexes, images, trademarks, logotypes, expressions and information and, in general, any other kind of creation which is protected by the laws and international treaties concerning Intellectual and Industrial Property (hereinafter, altogether, the Contents).
All intellectual and industrial property rights over the Contents are reserved and in particular, the reproduction, copying, public communication distribution, transformation or modification of part or all of the Content of the Website for commercial or professional purposes unless carried out with the authorization of the Owner or the Owner of the corresponding rights.
Under no circumstance shall the fact of allowing users to access the Website imply waiver, conveyance, license or assignment, in full or in part, by the Owner, of said rights unless expressly provided otherwise in the specific conditions that regulate the use, provision and/or contract of the products or services which, when appropriate, are offered through the Portal. In consequence, eliminating, evading or manipulating the notice on copyright and any other data identifying the Owner’s rights or of its holders as well as the technical devices of protection, digital fingerprinting or any other kind of information and/or identification mechanism included in the contents is not allowed.
Mentions made to products or services that third parties could offer through the Portal, the Owner recognizes, in favor of its holders the corresponding intellectual and industrial property rights, without implying by any mention or inclusion in the Portal, the existence of rights over the aforementioned.
Additional references to other names and brand names or registered trademarks, logotypes or other distinctive signs, whether property of the Owner or third entities, they shall be deemed to contain an implicit prohibition on their use without the previous, expressly and written out consent of the Owner or of their lawful owners. Under no circumstance, unless expressly stated otherwise, the access or use of the Portal and/or its Contents does not confer the User with the right over the brands, logotypes and/or emblem incorporated in it.
Unauthorized use, exploitation and/or use of the Contents, as well as any act of similar nature which causes a damage or violation of the intellectual or industrial property rights, will be subject to legal responsibilities established to that effect.
When it becomes necessary for a User to provide personal details to access a specific service, he will be conveniently advised of such need.
9. Duration and modification
The Owner reserves the right to modify the present Legal Notice and/or specific conditions that, if appropriate, have been established for the use and/or contract of the products or services offered through the Portal, when appropriate due to adherence to any legislative, technological and/or business modifications. The updated texts will be valid and take effect on the day they are published on the Portal or, in its case, when they are notified to the User in the terms foreseen in the aforementioned notification.
The applicability of this Legal Notice coincides, therefore, with the time of its disclosure, up to the point that it is completely or partially modified, at which time the modified version becomes the current Legal Notice.
Any communication between the Owner and the User will be carried out in accordance with the provided contact information, preferably through electronic means. In any case, and unless the Law expressly determines the contrary, the communications of the Owner towards the user will be carried out preferably via email, using the provided contact information. The User expressly agrees on the use of the email as a valid procedure for the information exchange and delivery between and/or with the Owner.
The headings of the various clauses are only informative, and do not affect, describe or amplify the interpretation of the Legal Notice.
If there is any discrepancy between what is established in this Legal Notice and the special conditions, if present, may apply to the products or services offered through the Portal, the latter shall prevail.
If any provision or provisions in this Legal Notice were to be considered null and void, in part or whole, by any Court, Tribunal or proper administrative body, said nullity or invalidity will not affect the other provisions of this Legal Notice nor the specific conditions, if present, which have been established.
The Owner’s failure to exercise or execute any right or provision contained in this Legal Notice does not constitute a waiver of the same, except by written acknowledgement and agreement.
12. Applicable law and competent courts.
The present Legal Notice and the relationship established between the Owner and the User, in particular the knowledge and resolution of any type of litigation; discrepancy or differences which may arise will be governed and resolved in accordance to the provisions of existing rules of applicable Indian Law and jurisdiction.
However, in cases where the law provides for the likelihood of the parties to submit to a judicial right, the Owner and the User, expressly waiving any other legal right that might apply, will submit any controversy and/or litigation to the attention of the Courts and Tribunals of the city in which the Owner has its address provided in the present Legal Notice.
13. Service Providers Listing Liability
Owner and portal are not responsible for the details listed by an individual vendor on the website. Portal verifies government issued ID and verifies Mobile phone no. at the time of registration. Owner holds no liability to the execution of the activity to the details offered. It is expected out of the user who books the activity to verify and contact the service provider to their satisfaction on the contact details provided by the portal.