Terms Of Use

Effective date: Sep 1, 2020

Terms of use

The Local Street App ( Company name : The Local Street Retailtech Pvt Ltd )is a Tech based Listing Platform with presence of multiple vendors with their listed pages through which goods and/or services are sold. The Delivery Partner is an independent business contractor. Local Street do not offer end-to-end delivery services; it solely provides a technology platform to facilitate deliveries. By using our app, you agree and acknowledge to share your contact number, name, geo location, address , order detail , profile picture order amount to the concerned shopkeeper whom you have placed the order . Even after the order is delivered, the information provided by the user shall remain with the shopkeeper. Use of your personal data by retailers/Group creators/Vendors is not covered under the privacy policy.

These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Local Street website at www.thelocalStreet.com (the "Site") and Mobile application named as “The Local Street” including but not limited to delivery of information via the website/App whether existing now or in the future that link to the Terms (collectively, the "Services")

These Terms are effective for all existing and future Local Street users, including but without limitation to users having access to 'entity business page' to manage their claimed business listings. These Terms of Use described the legally binding terms and conditions that oversee your use of the Site/Mobile App. BY LOGGING INTO THE SITE/MOBILE APP, YOU ARE BEING COMPLIANT WITH THESE TERMS and you represent that you have the authority and capacity to enter into these Terms.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

•Clicking to accept or agree to the Terms, where it is made available to you by Local Street in the user interface for any particular Service; or

Actually using the Services. In this case, you understand and agree that Local Street will treat your use of the Services as acceptance of the Terms from that point onwards.

I. Definitions

1. "Customer" or "You" or "Your" or "User" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, placing orders , discovering the goods or services on the app, also someone who has listed the shop on local street.

2.Merchant means the merchant(s) listed on the Local Street Platform and offering its Products or services to the Customers. A merchant is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'business page' to manage claimed business listings or otherwise.

3."Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Merchant Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews,images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile or catalogue listing.

II. Competency to use the services

1. You hereby represent and warrant that you are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

III. Access to Service and Registration

Local Street require you to register on its app. If you register, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (including your contact number) and be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party. We reserve the right at all times (but will not have an obligation) to terminate users or monitor the Local Street

Subscription Fees/ Uses Fees : Local Street reserve the right to introduce subscription fees or user fees in future to customer or merchant or both.

IV.Merchant Responsibilities and Shop Management

• Image Usage and Copyright Responsibility:
Merchants are fully responsible for replacing all default or placeholder images with actual photos of their products once their shop goes live on Local Street. If you as a merchant continue using default images, you accept full legal responsibility for any copyright or intellectual property issues that may arise.Local Street holds no liability for such content. You agree to indemnify and hold Local Street harmless from any legal claims, actions, or damages resulting from your failure to update images or unauthorised use of third-party content.

• Merchants are solely responsible for handling all queries related to their shop and orders. Customers are provided with the shop’s contact number at the time of placing an order, and it is the merchant’s responsibility to address and resolve any customer concerns directly.

• Returns and Refunds: In the event of a food or item return, merchants agree to accept the returned product and refund the corresponding amount to the delivery partner. Failure to do so may result inLocal Street taking appropriate action, including but not limited to temporary suspension or other necessary measures.

• Shop and Item Management Control: Merchants have full control over their shop and items on the Local Street platform. They may change item images without any approval from Local Street, update shop timings and individual item availability times, edit item titles and descriptions, mark items as out of stock, toggle items as free, and set minimum order values for free items. Merchants also have the right to activate or deactivate their shop at their convenience.All such changes are the sole responsibility and discretion of the merchant. Local Street does not control or interfere with these changes.

V.Disclaimer of Warranties

You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, local street, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, licensors ("local street parties") and subsidiaries disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the local street makes no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The local street will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other customers of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from local street or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Local Street, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

VI. Limitation of liability

In no event shall local street, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Local Street has been advised of the possibility of such damages), resulting from any aspect of your use of the platform or the service, including without limitation whether the damages arise from use or misuse of the platform or the service, from inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the platform or the service or any links on the platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the platform or the service or any links on the local street App. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Local Street shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party including the delivery partners and that the risk of harm or damage from the foregoing rests entirely with you. The platform is controlled and offered by Local Street. Local Street makes no representations or warranties that the platform is appropriate for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

Merchants on the Local Street Platform are fully responsible for any customer complaints, including health issues caused by your products. Local Street is not liable for any such claims, and all legal responsibility rests with the merchants.

VII. Conduct

A. You agree not to post, email, host, display, upload, modify, publish, transmit, store, update or share any information on the Site/App, or otherwise make available Content:

a. That violates any law or regulation;

b. That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant LOCAL STREET all of the license rights granted herein;

c. That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

d. TThat is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms orcould harm minors in any way or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;

B.That harasses degrades intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;

C. That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.

D.That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

E.That includes personal or identifying information about another person without that person's explicit consent;

F.That impersonates any person or entity, including, but not limited to, an LOCAL STREET employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

G.Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

H.That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;

I.That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;

J.That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to LOCALSTREET users who have requested not to be contacted about other services, products, or commercial interests;

K.That includes links to commercial services or Third-Party Websites, except as specifically allowed by LOCAL STREET;

L.That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

M.That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

N.That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

O.That employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

P.That belongs to another person and to which you do not have any right;

Q.That is harmful to child;

R.That deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

S.That is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

Additionally, you agree not to:

a.Contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a thirdparty website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;

i.Make any libellous or defamatory comments or postings to or against anyone; ii.Collect personal data about other users or entities for unlawful purposes;

ii.Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service

b.Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

c.Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

d.Attempt to gain unauthorised access to computer systems owned or controlled by LOCAL STREET or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.

e.Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of LOCAL STREET's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.

f.Use any automated device or software that enables the submission of automatic postings on LOCAL STREET without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or

g.Create any business page or multiple business pages and claim them with fraudulent motive to cheat any user or to cause mental and emotional distress to any other user, by yourself or by yourself with other users.

VIII.Changes to the terms

Local Street may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Local Street Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

IX.Advertising

1.Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Local Street on the Services are subject to change without specific notice to you. In consideration for Local Street granting you access to and use of the Services; you agree that Local Street may place such advertising on the Services.

2.Part of the site may contain advertising information or promotional material or other material submitted to Local Street by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Local Street Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Local Street found on or through the Local Street Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Local Street will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Local Street Platform and mobile application.

X.Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

• Delivery partners operate independently, purchasing products from local shops, delivering them and collecting payments directly from customers or users. Local Street is not responsible for their transactions or financial decisions.

• Delivery charges are determined based on a detailed market analysis and with the mutual agreement of delivery partners. Local Street does not play any role in setting or deciding these rates.

• All customer queries related to orders or the shop must be resolved by the merchant. The customer receives the shop’s contact number at the time of order, enabling direct communication for issue resolution.

• All delivery-related issues must be resolved by directly contacting the delivery partner. The delivery partner’s contact number is provided at the time the order is accepted. Local Street holds no liability and will not interfere in delivery-related matters.

• Users are free to rate and review any shop based on their experience, and Local Street has no control over these ratings. Similarly, delivery partners are free to rate customers, and Local Street does not influence or interfere with these reviews.

• The Help button on the Local Street app is provided for users to submit complaints or feedback about shops and delivery partners. This helps us improve our platform and ensure better service for all users.

• In the future, Local Street may charge delivery partners a technology service fee for using the platform. This fee will support app maintenance and development, enabling delivery partners to continue earning through the application.

You acknowledge and agree that the Company, its affiliates, or authorized representatives may contact you via telephone calls for purposes including, without limitation, obtaining feedback regarding the services, providing customer support, delivering important informational updates, or for other legitimate business purposes related to your use of the services. Such communications •may be made using manual or automated dialing systems in accordance with applicable laws and regulations.

• Shop owners or vendors who are liable to pay Goods and Services Tax (GST) under applicable laws shall be solely responsible for ensuring timely and accurate payment of such taxes to the appropriate government authorities. Local Street shall bear no responsibility or liability for the non-compliance or default of any vendor in this regard. The vendor agrees to indemnify and hold harmless Local Street and its affiliates from any claims, penalties, losses, or liabilities arising out of such non-compliance.

XI.Copyright Policy

You grant Local Street and our users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Local Street solely for the purposes of operating, developing, providing, and using Local Street. Nothing in these Terms restricts other legal rights Local Street may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Local Street, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.

Local Street respects the intellectual property of others and asks that users of Local Street do the same. In connection with Local Street, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of Local Street who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of Local Street, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated
Copyright Agent:

• your physical or electronic signature;

• identification of the copyrighted work(s) that you claim to have been infringed;

• identification of the material on our services that you claim is infringing and that you request

us to remove;

• sufficient information to permit us to locate such material;

• your address, telephone number, and e-mail address;

• a statement that you have a good faith belief that use of the objectionable material is not

authorized by the copyright owner, its agent, or under the law; and

• a statement that the information in the notification is accurate, and under penalty of perjury,

that you are either the owner of the copyright that has allegedly been infringed or that you are

authorized to act on behalf of the copyright owner.

XII.How long we keep your content

If you choose to post content, you give us permission to use it to provide and improve Local Street.

Copies of content shared with others may remain even after you delete the content from your

account.

XIII.Payment Gateways

At Local Street, we act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. We do not have any payment page in our platform ,Local Street is not in any way involved in any financial transactions between merchant and customer . As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Local Street is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.

These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Any action arising out of these Terms of Service shall be brought in the state or federal courts located in Thane, Maharashtra and you hereby agree to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Terms of Use for Pick and Drop Service

These Terms of Use ("Agreement") govern the use of the pick and drop delivery services ("Service") provided by Local Street Retail Tech Pvt Ltd ("Company," "we," "our," or "us"). By using our Service, User agree to the terms outlined below.

1. Service Overview

Our pick and drop service allows Users to send and receive items or goods through a Delivery Personnel. Our service is strictly for the transportation of non-prohibited goods including over-the-counter medicines and personal goods, excluding illegal, hazardous, or regulated substances.

2. Prohibited & Restricted Items

The following items are strictly prohibited from being delivered using the Service:

  • Illegal drugs or controlled substances
  • Tobacco products
  • Alcoholic beverages
  • Prescription medications (unless specifically authorized)
  • Hazardous materials or dangerous goods
  • Fragile or valuable items
  • Valuable items, precious metals, or high-value collectibles
  • Currency or negotiable instruments
  • Any other items prohibited by local, national, or international law

3. Company Liability

The Company disclaims any liability for the delivery of prohibited or illegal items. If such items are delivered, the Company will not be held responsible for any legal consequences or penalties. Both Users and Delivery Personnel agree that the Company is not liable for any damage, loss, or theft of goods while in transit.

4. User Responsibilities

  • Item Compliance: Users must ensure that all items they are requesting to be delivered comply with Company policies and are not prohibited or illegal.
  • Declaration of Item Nature: Users are responsible for clearly declaring the nature of the items to be delivered at the time of booking. Any item deemed illegal, prohibited, or otherwise in violation of these Terms may result in the cancellation of the delivery.
  • Fragile, Delicate, or Valuable Goods: The Company does not accept responsibility for the delivery of fragile, delicate, or high-value items. If a User attempts to deliver such items, the Company will not be held responsible for any damage, theft, or loss.
  • Medicines: By requesting the delivery of medicines, you confirm that you are ordering only lawful medications that are legally available for purchase over-the-counter. The Company assumes no responsibility for the authenticity, safety, or legality of the medicines being delivered.
  • Packaging and Responsibility: Users must take full responsibility for ensuring the safe packaging of their items and any associated risks.
  • Weight and Value Limitations: The maximum weight of any item to be delivered is 5 kg or less, and the maximum value is ₹1,000.

5. Delivery Restrictions

The Service is intended solely for the transportation of goods as defined under applicable law. Users agree not to use the Service for transporting restricted or prohibited goods, or materials that are not considered lawful or appropriate for general transportation.

6. Non-Liability for Damaged, Lost, or Stolen Goods

The Company will not be liable for any theft, damage, or destruction of goods during delivery, especially in the case of fragile, delicate, or high-value items. The User is solely responsible for any loss, damage, or destruction of the goods during transit.

7. Limitation of Liability

Local Street, its delivery personnel, affiliates, and agents shall not be held liable for any loss, injury, or damage arising from the delivery or receipt of any goods, including medicines, if those goods are in violation of any laws, regulations, or this Agreement.

The customer agrees to indemnify and hold harmless Local Street, its affiliates, and agents from any claims, damages, or legal actions arising from the delivery of such items.

8. Termination of Service

The Company reserves the right to suspend or terminate a User's access to the Service for violating these Terms of Use, including the transportation of prohibited or illegal items.

Additional Terms:

1. Indemnification

Users agree to indemnify, defend, and hold harmless Local Street Retail Tech Pvt Ltd from any claims, damages, losses, or liabilities arising out of their violation of these Terms of Use, including but not limited to the delivery of illegal, fragile, or valuable items.

2. Modification of Terms

The Company reserves the right to modify or update these Terms of Use at any time. Any changes will be communicated via the app or website, and continued use of the Service will constitute acceptance of the updated terms.

3. Governing Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the applicable laws. The place of jurisdiction for any dispute arising out of or in connection with these Terms will be Mumbai, India.

By using our pick and drop service, you acknowledge and agree to the terms outlined above. If you do not agree with these terms, you must refrain from using the Service.