These Terms of Use (these “User Terms”) mandates the terms and conditions regarding use of the Mobile Application B.Local (“Application”) by the users (“You” or “Your” or “Yourself” or “Users”) accessing the Application, and/or the Platform (defined below), and/or availing the Services (defined below).

Please read these User Terms fully prior to use of the Application or the Platform or availing any Services. By installing, or accessing, or using the Platform/the Application/ the Services, you consent to be bound by these User Terms and other policies including but not limited to our Privacy Policy etc, as may be amended from time to time, and create a legally binding agreement between yourself and us (defined below) regarding use of the Application, the Platform and the Services. If you do not agree with these User Terms, do not download, register with, or access or use the Application, or the Platform, or the Services.

Definitions

All capitalised terms defined under these User Terms shall have the meaning ascribed to it hereinbelow:

“Account” shall mean the account created by the Customer (defined below) on the Application for availing the Services provided by BLOCAL TECHNOLOGIES (defined below).

“Applicable Laws” shall mean and include all applicable acts, enactments, statutes, laws, ordinances, rules, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.

“Application” shall mean the Mobile Application “B.Local” updated from time to time.

“BLOCAL TECHNOLOGIES” or “we” or “our” or “us” shall mean B.LOCAL TECHNOLOGIES PRIVATE LIMITED (CIN No. U51909KA2020PTC141446), a company incorporated under the provisions of Companies Act, 2013, having its registered office at 269, Amardeep, 8th Main, Rajivgandhi Nagar, Nandini Layout, Bangalore 56096, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and assigns.

“Convenience Fee” shall mean the fee payable by the Customer to BLOCAL TECHNOLOGIES for the Service i.e., for availing the technology facilitation services offered by BLOCAL TECHNOLOGIES.

“Customer” means any person who has an Account on the Application.

“Platform” shall mean the Application operated by BLOCAL TECHNOLOGIES or any other software that enables the use of the Application or such other URL as may be specifically provided by BLOCAL TECHNOLOGIES.

“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information of the Customer, as may be required, from time to time, by BLOCAL TECHNOLOGIES for registration on the Application.

“Service(s)” means the technology facilitation services provided to the Customers, by BLOCAL TECHNOLOGIES, for online sale/purchase of products.

Eligibility

You will be eligible to use the Platform and avail the Services, provided, that you have attained the age of 18 (eighteen) years and you are competent to enter into a binding contract under the Applicable Laws.

License

Subject to you complying with these User Terms, we hereby grant you a non-exclusive, revocable, non-sublicensable, non-assignable, non-transferable and limited license to download, install, run the Platform on your own mobile device and use the Platform and the Services for your personal purpose.

The limited license granted to you to use the Platform is subject to the following restrictions that you shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform; modify or make derivative works based on the Platform; reverse engineer or access the Platform in order to design or build a competitive product, a product using similar ideas, features, functions or graphics of the Platform, copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Platform, launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

Registration

You shall have to register and create an Account to use the Platform.

You shall be responsible to provide complete, correct and valid information during the registration process and update such information from time to time, if required. We shall not be responsible for any incomplete, false or invalid information provided by you.

You shall be solely responsible for maintaining the confidentiality of your account details including password and shall not disclose the details with respect to your account to any third party. You shall be solely liable for all activities and transactions that occur through your account, whether initiated by you or any third party. You will immediately notify us of any unauthorized use of your account. We shall not be responsible for any loss that you may incur due to use of your account by any third party, with or without your knowledge.

We reserve the right to terminate or suspend your account without any notice to you and/or deny access to use the Platform if we have proof that any information provided by you during the registration process or subsequent thereto is incomplete, false or invalid or if the security of your account has been compromised.

Information

All information provided by you shall be processed and governed in accordance with our Privacy Policy. Please review our Privacy Policy. By using the Platform, you agree to be bound by the terms of our Privacy Policy, which is incorporated herein by reference.

Use Of Platform And Services

The Platform connects the buyers (“Buyer/s”) with the neighbourhood vendors namely, kirana stores, medical stores, bakeries, sweet shops, hardware shops, novelty stores, etc., (“Vendor/s”), and facilitates the Buyer/s to choose and place order/s from variety of products such as grocery, bakery items, daily needs, medicines and other essentials products listed for sale on the Platform by the Vendor/s and get them delivered at the door step by the Vendor or handpicked without waiting at the stores/shops.

You agree that as a Buyer/s, you are responsible to independently verify the authenticity of the Vendor/s with whom you choose to transact on the Platform. We do not make any representation or warranty with regard to any of the Vendor/s.

We are not responsible for the quality, merchantability or fitness of the products offered to be sold or purchased on the Platform. We do not endorse nor warrant the sale or purchase of any products of any of the Vendor/s on the Platform.

We do not hold any right, title or interest over the products offered to be sold by the Vendor/s on the Platform. In no event shall we be responsible or liable for any transaction between Buyer/s and Vendor/s.

The contractual terms including but not limited not the price, taxes, payment methods, payment terms, offers and its related terms and conditions, date, period, delivery charges, mode of delivery, warranties (if any) related to the transaction between the Vendor/s and Buyers shall be exclusively offered and agreed by and between the Vendor/s and the Buyer/s. Neither we have any control nor do we determine or advise or in any way involve in offering or acceptance of such contractual terms between the Vendor/s and Buyer/s. We do represent or warrant nor will we be responsible for any of the contractual terms offered by the Vendor/s. The contract for sale of any of the products on the Platform is exclusively and strictly between the Vendor and the Buyer.

The prices of the products including charges for packing or delivery charges, if any, are determined solely by the Vendor/s and are listed based on Vendor/s information and such prices may be subject to change from time to time at the sole discretion of the Vendor/s. The transaction between the Buyer/s and Vendor/s are exclusively between them and we shall not be liable to charge, or deposit any taxes applicable on such transaction.
You agree that as a Vendor/s, you shall be solely responsible for any guarantee/warranty/offers of the products sold to the Buyer/s and we shall not be responsible for any such guarantee/warranty/offers of the products whatsoever.

The Vendor/s shall be solely responsible for all issues related to product, price, quality, delivery, etc. The Vendor/s are solely responsible for any delays, non-performance of services, damages, or breach of any terms of contract entered into between Vendor/s and Buyer/s on the Platform. We shall not be liable for any conduct or misbehaviour or actions or omissions of the Buyer/s or the Vendor/s with respect to any transactions initiated on the Platform or in the course of providing the services, or for any loss or damage to the products or otherwise caused due to a consequence of or in relation to the services being provided.

All complaints related to the transaction/s should be intimated to us in writing within 24 hours of arising of the issue and we will route such compliant to the respective Buyer or Vendor, as the case may be. We will assist you to the best of our abilities by providing required information available with us related to the specific transaction to which the complaint relates, to resolve the complaint amicably. All complaints shall be resolved by the Vendor/s.

We are only a facilitator between the Buyer/s and Vendor/s and provides with access to the Platform to connect the Buyer/s and Vendor/s and to initiate and enable transactions on the Platform for purchase of products offered for sale by the Vendor/s. You agree that we shall not be a party to any of the transactions that are initiated by you through the Platform and we shall not be liable in any manner or incur any liability with respect to the transactions between the Buyer/s and the Vendor/s.

Payments

You may make the payments to the Vendor/s by cash on delivery (“COD”) or credit card/ debit card/net banking or such other payment method approved by the Reserve Bank of India from time to time and all such payments shall be made in Indian Rupees. All payments may be made at the time placing the orders on the Platform or at the time of collecting the Products from the Vendor/s. We are providing payment facility through an electronic automated, online payment for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. If Buyer/s are directed to our third-party payment processor, they shall be subject to terms and conditions governing use of that third party’s service and personal information collection policy.

You acknowledge and agree that all payments, for the orders placed on the Platform, made by you either by COD or through payment gateway networks shall be made directly to the Vendor/s and we are not Vendor/s payment agent and we do not accept any payments from the Buyer/s on behalf of the Vendor/s. Upon your payment of amounts to the Vendor/s, which are due to the Vendor, Buyer/s payment obligation to the Vendor for the order placed on the Platform will be completed.

The final invoice shall be issued by the Vendor/s to the Buyer/s and all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the invoice are being charged and determined by the Vendor/s and the Vendor/s shall be sole responsible for any issue related thereto. We are not responsible for the legality or accuracy or validity of the levy of such taxes.

Fulfilment OF ORDERS:

Products shall be handpicked by the Buyer/s as intimated by the Vendor/s or delivered by the Vendor/s within (8) working hours from the time of confirmation of accepting the order by the Vendor/s, as the case may be.

Changes or Cancellation of Order

The transaction initiated by Buyer/s shall be confirmed and executed pursuant to Buyer/s confirmation. The Vendor/s shall have no right to cancel the orders placed by the Buyer/s.

Further, as long as the Vendor/s has not executed or shipped the order or the Vendor/s is willing to accept the changes in the order, Buyer/s are free to alter the order or cancel the order. Any payment made towards such cancelled or altered order shall be refunded by the Vendor/s either by cash or to your i.e., Buyer/s authorised account in a reasonable time based on payment gateway provider. However, in the event the Vendor/s has already shipped your order you order is final and cannot be altered or cancelled through the Platform. Under such circumstances only the Vendor/s may cancel your order on the Platform pursuant to your specific request to the Vendor/s.

Third-Party Websites And Content

The Platform may contain (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access or to use the Third-Party Websites or any Third-Party Content, you do so at your own risk, and you should be aware these User Terms do not govern such Third-Party Websites or the Third-Party Content. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall indemnify and hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall indemnify and hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Intellectual Property Rights

You acknowledge that unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights under applicable laws. You have no right, title or interest in the Platform or Services, or any copyrighted works, trademarks or any other intellectual property except the limited license to use the Platform granted under these User Terms subject to the terms and conditions set forth herein. We reserve all rights not expressly granted to you in and to the Platform, Content, and the Marks.

User Representations and Warranties

By using the Platform, you represent and warrant:

• that all Information you submit to us from time to time shall be true, accurate, relevant and complete, and you shall maintain the accuracy of such information and promptly update such Information as may be necessary.
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• you have the legal capacity to enter into binding contracts.
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• you agree to comply with these User Terms, as may be amended from time to time.
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• you shall not use the Platform for any illegal or unauthorized purpose.
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• your use of the Platform shall not violate any Applicable Law.

Disclaimer

The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We will endeavour to reasonably keep Platform and the contents on the Platform accurate and up to date but do not guarantee that the Platform and the contents therein are free of errors, defects, malware and viruses.

We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to this Platform and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Platform, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.

We do not warrant that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

We disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards or any electronic payment gateway.

We are not making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. you hereby waive any rights and claims you may have against us with respect to third parties or vendor/s services.

We disclaim all liability that may arise due to any violation of the any applicable law, rules and regulations made thereunder with respect to transactions on the Platform and such liability shall be solely attributable to the Vendor/s.

We shall not be liable to you or any third party for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile Platform featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise appropriate caution.
We do not guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these User Terms will be construed to obligate us to maintain and support the Platform or to provide any corrections, updates, or releases in connection therewith.

Posts

Subject to these User Terms and applicable law, you may provide your feedback, reviews, comments, etc., that is publicly viewable on the Platform with respect to your view on use of the Platform and/or any transactions on the Platform. We reserve the right to delete any post or such part of the post that, in our sole discretion, does not comply with the conditions in the applicable these User Terms or applicable law. All posts shall be publicly accessible and visible to all Users of the Application. We reserve the right to use, reproduce and share such posts for any purpose. If you delete your posts from the Application, copies of such posts may remain viewable in archived pages, or such posts may have been copied or stored by other Users.

Term And Termination

These User Terms shall remain in full force and effect while you install, access, use the Platform. Notwithstanding any provisions of these User Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person with or without any reason, including but not limited for breach of any representation, warranty, or terms of these User Terms or of any Applicable Laws. We may terminate your use of the Platform or delete your Account and any content or information that you posted at any time, without notice or liability, in our sole discretion.

Corrections

The information on the Platform may contain typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

Equitable Relief

You agree that breach of any terms of these User Terms by you shall cause irreparable harm and significant damages to us, Customers or other Users, as the case may be, for which monetary damages would be inadequate, and you consent that we shall have the right to obtain any injunctive or equitable relief that we may deem necessary or appropriate under such circumstances, in addition to any other rights or remedies that we may have at law or in equity.

Indemnification

You agree to indemnify and hold us and our affiliates, our officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your use or misuse of the Application or the Platform or Service; (b) your breach of any term of these User Terms, (c) your violation of any Applicable Law whether or not mentioned in these User Terms; or (d) your breach of any rights of any third party. Your aforesaid obligation to indemnify us under these User Terms shall survive following termination of, your account, or use of the Platform, or use of Application or the Services.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT SHALL NOT BE LIMITED RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE FOREGOING, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE PLATFORM OR THE APPLICATION OR THE SERVICES RENDERED THEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF THE LAST ORDER PLACED BY THE BUYER RAISING THE CLAIM, UNDER ANY EVENT WHATSOEVER.

Force Majeure

We shall not be liable for any failure to perform any obligations under these User Terms, if the performance is prevented, hindered or delayed due to circumstances which could not have been reasonably foreseen and which are beyond our reasonable control such as acts of government, war, natural disasters, pandemic, epidemic or court order etc., and in such case our obligations under these User Terms shall be suspended as long as such circumstances continues.

Entire Agreement

These User Terms together with the Privacy Policy and any other legal notices, or communications published by us on the Application or the Platform, and any other agreements executed between you and us, shall constitute the entire agreement between you and BLOCAL TECHNOLOGIES concerning the Application and the Platform and governs your use of the Application and the Platform or the Services, and supersede any prior agreements between You and BLOCAL TECHNOLOGIES with respect to the Application and the Platform or the Services.

Amendment

We may at any time, at our sole discretion, amend or replace, in part or full, any of these User Terms, without any prior notice to you. Any changes shall be effective immediately upon the posting of the revised User Terms. You are advised to review these User Terms periodically for any latest update. Your continued use of the Application or the Platform or the Services following the changes to these User Terms, shall constitute Your acceptance of those changes.

Conflict

In the event of any discrepancy or conflict between these User Terms and any other agreement executed between you and us, the terms of these User Terms shall prevail unless otherwise agreed in writing by making reference to the relevant Clause sought to be modified under these User Terms.

Assignment

You shall not assign your rights under these User Terms without our prior written approval. However, we may assign our rights under these User Terms to our affiliate or to an entity to which we will sell all or a portion of our assets, or merge, or acquires our business.
Severability

Each term and condition of these User Terms shall be valid and enforced to the fullest extent permitted by law. If any term and condition of these User Terms is held to be illegal, void or unenforceable, in whole or in part, such term (or part thereof) shall to that extent be deemed not to form part of these User Terms, however, the legality, validity and enforceability of the remainder terms of these User Terms shall not be affected thereby and continue to be valid, effective and in force.

Waiver

Our failure to enforce any of the provisions under these User Terms shall not be construed to be a waiver of our right thereafter to enforce such provisions.

Notice

We will intimate or send any notice or other communication on the Platform, or by e-mail/ mail to Your email /mail address available in our records, as the case may be.

Dispute Resolution

Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Application (“Dispute/s”) between the Customer/s and us shall be attempted to settle amicably, through negotiation at our office or such other place as may be mutually agreed. In the event the dispute is not resolved within a period of thirty (30) days from the date of commencement of such negotiation, the Party seeking resolution of the dispute pursuant to the terms set forth in this Clause shall be entitled to pursue any other remedies available under law.

Governing Law and Jurisdiction

These User Terms are subject to the laws of India. Subject to the above clause, any dispute shall be submitted to the exclusive jurisdiction of courts in Bengaluru, India.

Survival

Clauses which are intended to survive the termination including but not limited to License, Information, Intellectual property Rights, Third Party Websites and Content, User Representations and Warranties, Disclaimer, Posts Equitable Relief, Indemnification, Limitation of Liability, Assignment, Notice, Dispute Resolution, Governing Law and Jurisdiction and Survival clauses in these User Terms shall survive following the deletion of your account or termination of your use of the Platform.

Contact

If you have any queries, concerns or complaints regarding these User Terms or the Platform or the Services, please write to us at info@blocal.co.in.