Terms and Conditions

Local Social Media Solutions TERMS AND CONDITIONS

Last Updated: 27-06-2023

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below. IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

INTRODUCTION

The Terms and Conditions (“Terms”) describe how Local Social Media Solutions., Krishna Kunj, Gokhale Road South, Dadar West, Mumbai – 400028 (“Company,” “we,” and “our”) regulates your use of this website https://localsocialmediasolns.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.

1. MINORS.

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

2. PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.

3. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on this website.

4. MODIFICATIONS AND TERMINATIONS.

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to inquiry@localsolutionmediasolns.com and providing us with information relating to your concern.

5. LICENSEE STATUS.

You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

6. CONTENT OWNERSHIP.

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail at inquiry@localsolutionmediasolns.com / ianpadua1@gmail.com.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to ianpadua1@gmail.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred (Rs.100) rupees and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

8. OBSCENE AND OFFENSIVE CONTENT.

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail at inquiry@localsolutionmediasolns.com / ianpadua1@gmail.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted on our website.

9. INDEMNIFICATION.

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content/content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights. They may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.
LSMS may notify You of any claims which You shall be liable to indemnify LSMS. You will then be required to consult with LSMS regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Snapdeal without the express prior written consent of Snapdeal which can be withheld or denied or conditioned by Snapdeal in its sole discretion.
Notwithstanding anything to contrary in the Agreement(s), LSMS’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the number of fees, if any, paid by You to LSMS under the relevant order to which the cause of action for the liability relates.

Notwithstanding anything to contrary in the Agreement(s), in no event shall LSMS, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not LSMS has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

10. Governing Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and LSMS shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and LSMS shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

11. MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses that shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond the Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good-faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

12. Complaints

We are committed to resolving any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices in relation to your personal data, please contact us at inquiry@localsolutionmediasolns.com / ianpadua1@gmail.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

13. SEVERABILITY OF THESE TERMS AND CONDITIONS.

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

14. THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of the Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

15. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on an “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

16. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

17. SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for illegal aims.
We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites…

18. THIRD-PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

19. PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.
You shall not use the Site for any unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere with the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software used on the Site (hereinafter and here in before the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
20. General Provisions
Notice: All notices with respect to these Terms of Use from LSMS will be served to You by email or by general notification on the Website. Any notice provided to LSMS pursuant to these Terms of Use should be sent to Grievance Officer at inquiry@localsolutionmediasolns.com

Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. CREC’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Snapdeal to any third parties without the requirement of seeking Your prior consent. LSMS may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. LSMS shall have the right to transfer Your Account and Account Information to a third party who purchases LSMS’s business as conducted under the Website.
Severability: If for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. LSMS may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal-to-Principal Relationship: You and LSMS are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and LSMS As an abundant caution, it is clarified that LSMS shall not have any right to conclude any contract for sale or purchase of Products for and/or on Your behalf and both You and Snapdeal have entered this agreement on principal to principal basis.

Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by LSMS is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of LSMS or its third parties performing such services as sub-contractor to LSMS and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Snapdeal shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Snapdeal shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Grievance Officer: In compliance with the Information Technology Act, 2000 and the Rules made thereunder, the Grievance Officer of LSMS for the purpose of this Agreement shall be Ian Padua with email address: inquiry@localsolutionmediasolns.com. Snapdeal may change the aforesaid details from time to time under intimation to You.

22. Disclaimer Of Warranties & Liability

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY LSMS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LSMS MAKES NO WARRANTY THAT
(I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT
(IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LSMS OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LSMS WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SNAPDEAL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LSMS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
LSMS HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT LSMS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. LSMS SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
FURTHER, SNAPDEAL SHALL NOT BE HELD RESPONSIBLE FOR THE NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND LSMS ‘S CONTROL.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LSMS IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. LSMS WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

23. Use of Content

Except as expressly indicated to the contrary in any applicable Additional Service Terms, LSMS hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

You may not modify or alter product catalogues available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Any software that is available on the Website is the property of LSMS or its vendors. You may not use, download or install any software available at the Website unless otherwise expressly permitted by the Agreement or by the express written permission of LSMS.

24. Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by LSMS or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Your use of the Website, by no means, are any rights impliedly or expressly granted to You in respect of such Content. LSMS reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of LSMS or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of LSMS, the vendor/seller or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, LSMS owns all intellectual property rights to and into the trademark “LSMS”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from LSMS or thirty party owners of such Content.

25. HOW TO CONTACT US.

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to inquiry@localsolutionmediasolns.com / ianpadua1@gmail.com, and providing us with information relating to your concern.

26. ENTIRE AGREEMENT.

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website. These terms and conditions were last updated on 31st January 2023.

[wpgdprTandC]