Thank you for visiting our website, downloading Less Bazaar mobile application ("App"). Please spare the time to read the following terms and conditions. You can learn about our services from the Website and use our services through the mobile application or App (the Website and the App referred to herein as "Platforms").
- GENERAL REGISTRATION REQUIREMENTS
- In consideration of your use of our Platform, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
- provide true, accurate, current and complete information about yourself while registering on our Platform to avail the Services; and
- maintain and promptly update Your registration data to keep it true, accurate, current and complete.
- If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platform (or any portion thereof) at any time.
- There is limited content available on our Platform. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Us. We reserve all rights not expressly granted in and to the Application and the Content.
- You may access our Platform as available for Your information and personal use.
- You will be required to enter a valid phone number while registering on our Platform as a subscriber. By registering Your phone number with Us, you consent to be contacted by Us via phone calls, SMS notifications or instant messages, in case of any subscription/ service updates. If You are registered with the DND National registry, You may not receive any promotional messages from Us.
- E-PLATFORM FOR TRANSACTIONS
You agree, understand and acknowledge that the App is an online platform that enables you to purchase or sell products at the determined price, and mutually agreed upon by you and the seller therein at any time from any location. You further agree and acknowledge that the App is only a facilitator and is not and cannot be a party to or control in any manner any transactions on our platforms.
- SUBSCRIBER ACCOUNT AND SECURITY
If You register with the App, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
- SERVICE TERMS AND PAYMENT
- Our services constitute a technology platform, the App, that connects Sellers with Buyers to schedule and complete tasks such as, picking up items from one location (“Pick-Up Location”) and dropping to another location (“Drop Location”) (such pick up tasks, “Pick-up Task(s)”).
- The App(s) do not run the tasks or errands by itself nor do they actively supervise the completion of the tasks. Thereby, You understand and agree that the tasks are provided to you by other registered users. The Apps merely acts as a technology platform to facilitate such tasks raised by you, and we do not assume any responsibility or liability for any deficiency in the service on part of the other users on the platform.
- You agree that when services are offered to you by other users on the Platform, the other users do so on your sole instructions under the task raised by you.
- You are also aware that the users may choose to not deliver item(s) for any reason whatsoever.
- You also agree that, upon becoming aware of the commission any offence or your intention to commit any offence upon initiating or during a Pick-up Task of any item(s) restricted under applicable law, the other users may report such information to the law enforcement authorities.
- When You perform transactions (Buy/ Sell), You will incur a Service Charge and a Bank Gateway Fee. We will facilitate your payment for the services requested by you and the Bank Gateway Fee through integrated payment platforms. The App acts as an platform for the different users to transact, and all payments made by You for services rendered are deemed to be payments made to the corresponding users. Payments charged by the App are inclusive of taxes (wherever applicable).
- Our Services depend on the information You provide to Us. You are solely responsible for and in control of the Information You provide to Us.
- If You use the App, You agree that information about Your use of any of the Apps through Your mobile telecommunication device may be communicated to Us, and We may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platform through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platform using a mobile telecommunication device, You represent that to the extent You import any of Your App data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your App account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platform through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platform is available for Your specific mobile devices.
- We reserve the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of our Platform without the obligation of a prior notice to You.
- In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. We reserve the full discretion to suspend a user's account in the above event and We do not have the liability to share any account information whatsoever.
You agree not to use our Platform inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- solicits passwords or personal identifying information from other Subscribers
- involves commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights
- denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platform.
- Termination or Suspension of Account or Services
You agree that We may at any time and for any reason, terminate your access to our Platform, or restrict or suspend your access to all or any part of the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.
You acknowledge, consent and agree that We may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally
- enforce these Terms
- respond to your requests for service or complete your tasks
- protect the rights, property or personal safety of Less Bazaar, its subscribers and the public, or
You understand that our Platform and software embodied within our Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Us and/ or content providers who provide content to Us. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platform.
We may provide the users with updates to any/ all of the Apps from time to time. We may automatically install updates to the Apps, or prompt you to install the updates, depending on how your Appstore Software settings are configured.
All materials on our Platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Us. You acknowledge and agree that all content on our Platform is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
- General Terms and Conditions
- You agree and acknowledge that the use of the Services offered by the App are at Your sole risk and that We disclaim all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- You shall ensure that You will not indulge in any of the following activities while using the service like asking other users to break any Police and/ or government rules for any purpose (especially getting the service faster). The other users have the right to refuse such a request by You.
- Without prejudice to the above, We make no representation or warranty that the Services will meet Your requirements. In all circumstances Our liability is limited to the service fee paid by You for the transaction in question.
- We will not be liable for any damages of any kind arising from the use of the Service offered by third party Agents, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- We shall be entitled at any time without giving any reason to terminate the request for services from You.
- If You have any complaint in respect of the Services, You must inform Us of the same in writing within 24 hours of using the Services of our Platform.
- We shall not be liable for any conduct or behaviour or actions of third party Agents. However, We encourage you to notify Us of any complaints that you may have against the third party agent that you may have hired using our services.
- If the respective user cannot fulfil any of your services, you will be notified as soon as is reasonably possible.
- We are hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.
- Compliance with Applicable Law
You agree that You shall not use our Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, Our content:
- in violation of any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,
- that belongs to another person and to which the user does not have any right to,
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,
- harm minors in any way,
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,
- impersonate another person or entity,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App or customer’s computer systems or sites,
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
- Intellectual Property Rights
The Services provided by Us are premised on a proprietary software developed and made available exclusively by Us. We are the sole owners of the Application and all software created to provide You with the Services. The App provides You with a single limited license to download, use and access the App on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Application, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Less Bazaar ecommerce. You may not copy, reproduce or use such Content without due attribution of ownership to Us. All icons and logos are trademarks of and proprietary to Us. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content is the exclusive copyright of Less Bazaar ecommerce or its licensors, except any Third Party Content and link to third party website. Systematic retrieval of Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Less Bazaar ecommerce is prohibited. In addition, use of the Content for any purpose not expressly permitted by Less Bazaar ecommerce in these Terms is prohibited and may invite legal action.
These Terms shall remain in full force and effect for so long as it is posted on our Platform. You may terminate your use of the services at any time.
We reserve the right to terminate Your account or Your access to our Platform immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of these Terms, furnished the App with false or misleading information, or interfered with use of our Platform by others.
- Disclaimer of Warranties and liability
16.1 All the material and products on our Platform, (including but not limited to software) and services, included on or otherwise made available to you through our Platform are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that the Application and services provided pursuant thereto will be constantly available, or available at all.
16.2 We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with our Platform. We do not warrant that the Content, materials, product (including software) or services included on or otherwise made available to You through our Platform; our servers; or electronic communication sent from Us are free of viruses or other harmful components.
- Cancellations and Refunds
17.1 We will proceed with the execution of Your task upon confirmation from You. Should You thereafter wish to cancel the task, You may incur a service fee if We have already commenced work.
17.2 If a third party vendor has been engaged or We have incurred a cost with a third party vendor, You cannot cancel the task. You will in such circumstances be subject to the cancellation and refund policies of such third party vendor.
17.3 Whilst We surely hope not, We may need to cancel Your order in any of the circumstances below:
- in the event of cancellation by our Agents/ Service Providers.
- inability to complete the task due to reasons beyond Our control.
You agree to defend, indemnify and hold harmless Less Bazaar ecommerce, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
(a) Your use of and access to our Platform in a manner except as permitted herein;
(b) Your violation of any of these Terms or any applicable law;
(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
This indemnification obligation will survive the termination of Your account or use of services and the Application.
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platform. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
- Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Platform (or any portion thereof) with or without notice. You agree that We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platform.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
- Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Ernakulam, Kerala.
In case of any grievance arising from the use of the App, please write to the Grievance Officer at firstname.lastname@example.org.