Last Updated on 21 July, 2017.

This is an electronic record as per the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Loccul Infotainment Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include affiliates, successors and assigns) owns and operates this mobile application, Loccul and a website (“Loccul”).

Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of Loccul is subject to You unconditionally accepting this ‘Refund, Return and Cancellation Policy’, ‘Terms of Use’, ‘Privacy Policy’, ( collectively “Policy”) of Loccul and the Company shall provide you the access for availing various services (referred to as ‘Services’). We any time and at its sole discretion, reserves the right to update and modify the Policy.

The Company has entered into agreements/ understandings with various product suppliers and online retailers (‘Merchant/s’) within and outside India under the terms of which the Company displays products of Merchants or Merchants electronic catalogs including but not limited to luxury products, fashion and sport brands, designer apparels and accessories, health and beauty products, high end consumer durables, etc. (hereinafter referred as “Products”) on Loccul and takes orders from customers of such Products.

To ensure safe, ethical, fast and reliable return, refund and cancelation, Loccul has adopted the following principles:

1. RETURN AND EXCHANGE POLICY

   1. If You wish to return a Product, contact Us and Our representative shall pickup the Product at a time and place convenient for You. However, there are certain criteria that need to be followed in order to facilitate the return. These are:

      1. Return/exchange must be made within the designated period of return.

      2. Product must not be damaged. Damage resulting due to improper shipping and handling shall not be accepted here. Our representative will check the Products at the time of pick-up and any damage or if the Product has been used before return shall not be accepted.

      3. The particular brand packaging i.e. the box in which the Product is delivered must be intact and returned along with the Product.

      4. [Shipment freight fee are borne by Us however duties/taxes (If any) will be borne by the customer.

      5. All tags and labels present on the Product at the time of receipt must be in place.

      6. On arrival of returned merchandize/ Product in Our warehouse and after having been checked, Your refund/ credit request will be processed in a maximum of 72 (seventy two) hours from the date We have confirmed to You that the returned merchandize/ Product is acceptable.

      7. The value of the returned merchandize/ Product, subject to any deductions thereof, will be credited to your account.

   2. In the event, due to any condition the Product You ordered has been exchanged in terms of size or colour, You may get the Product of right size or colour by placing an exchange request. However there are certain criteria that need to be followed in order to facilitate the exchange. These are:

      1. Request for exchange must be made within the exchange period designated for the particular Product by selecting the right colour and size which you intend to buy in exchange of the Product which has been delivered to you.

      2. Product should be unused, unworn and undamaged in any way.

      3. The particular brand packaging i.e. the box in which the Product is delivered, must be intact and returned along with the Product.

      4. All tags and labels present on the Product at the time of receipt must be in place.

      5. Any price adjustment is expected to be accepted at your end with the shipping of the new requested Product.

      6. In the event the colour and size is not available at Loccul at the time of exchange request, the same Product shall be treated for return as stated in Clause (i) above.

2. RETURN AND EXCHANGE TIMELINES

   1. Subject to Paragraph A hereinabove, if you wish to return or exchange all or part of Your order, You need to let us know within 3 (three) working days from the date You receive Your parcel. We will arrange for a return pick-up of Your order and the courier shall pick it within 72 (seventy two) hours of your request.

   2. In the event You wish to exchange all or part of Your order, We will arrange for Your exchange pick-up only after You choose the Product to be exchanged with and Our representative shall bring the right Product at the time of pickup of the exchanged Product. Please endure that for the exchange of Product, it will take us 4 (four) to 6 (six) working days to process the same. In the event, the Product to be exchanged with is not available with Loccul, the pickup of merchandize/ Product will take place in the same manner as stated in Clause (a) above.

   3. (c) The cost/ expense for return shipping/ delivery of such returned Product/s shall be borne by the Company

3. CANCELLATION POLICY:

   1. Cancellation before Shipping

      1. [email protected]. In such cases, the order will be cancelled and in the event the order is a pre-paid order, the money will be refunded to You by way of credit to the payment method (credit card, bank transfer, etc.) as may be used by You to make the purchase

      2. Loccul reserves the right, at its sole discretion, to refuse or cancel any such order for any reason whatsoever. Some situations that may result in Your order being canceled include but are not limited to limitations on quantities available, time targets for delivery, inaccuracies or errors in the merchandize/ Product/s, pricing information and/or problems identified by Our credit and fraud deterrence department. We may also require additional corroborations or information before accepting any such order. We shall contact you, if all or any portion of Your order is canceled or if any additional information is required to accept Your order for You to avail the Service/s. 

   2. Cancellation after Shipping

      1. If You wish to cancel an order that has been shipped but has not yet been delivered, please get in touch with Us and do not accept the delivery of the order. Once We receive the order back and verify its packaging/condition, We will refund your money.

      2. The cancellation shall take effect within 24 (twenty four) hours and a confirmation email will be sent immediately.

      3. Any orders that do not have the cancel option (or) the cancel option is disabled, have already been placed with the ‘Merchant/s’ and such orders cannot be cancelled by you.

   3. Refund

      1. In case the cancellation is made before shipment, We will process the refund within a week.

      2. In case the cancellation is made once the shipment has already been dispatched or if it is being returned, We shall process the refund once the Products have been received and verified at the warehouse.

      3. For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 days of us receiving the Products back. It may take 3-5 additional days for the amount to reflect in your Account.

      4. (d) For cash on delivery transactions, We will issue you a cheque in the name and address as specified in the billing details with the refund amount within 10 days of Us receiving the Products back.

4. WARRANTY

   1. We do not provide warranty for any merchandize/ Product/s ordered by You from Loccul. The warranty for all merchandize/ Product/s is/are provided by the manufacturer.

Last Updated on 21 July, 2017.

This privacy policy (“Policy”) is in as per the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

Loccul Infotainment Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include its affiliates, successors and assigns) owns and operates this mobile application (“Loccul”).

This Policy details Our procedures for collection, use, storage, processing, disclosure and protection of any information, including, but not limited to, business or personal information provided by you as a user, including, include any person/ persons, who visits, uses, deals with and/ or transacts through Loccul including, a buyer, seller, service provider, guest user, and browser (“You” “Your”) while using Loccul. We will use the information provided by You only in accordance with the purposes described in the Policy.

By visiting/ accessing Loccul and voluntarily providing Us with information (personal and/ or non- personal), You consent to Our use of it in accordance with this Policy. This Policy does not apply to third-party websites/ applications that are connected via links to Loccul.

This Policy is a legal agreement between You, and the Company. If You are a natural person, You must be at least 18 years of age. If you are less than 18 years of age, please read through this policy with your parent or legal guardian, and in such a case this policy shall be deemed to be a contract between the company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

In addition to this Policy, Your use of Loccul will be governed with all policies of Loccul, including but not limited to Our terms of use, report abuse policy, terms of sale, and such other terms applicable to You. This Policy shall be enforceable against You in the same manner as any other written agreement.

If you do not agree with the terms and conditions of this policy, please do not proceed further to use/ access Loccul.

We may update this Policy from time to time. You must periodically review the Policy for the latest information on our privacy practices.

1. What information do we collect?

During Your use of the Loccul, We may collect and process such information from You, including, without limitation:

Your personal information (“Personal Information”) including but not limited to Your contact information such as name, email address, mailing/ shipping address, location and time for pick-up and delivery of the product, phone number, financial information, if any, unique identifiers such as user name, account number, password and preferences information such as favourites lists, transaction history, PAN card details, tax registration details, bank, account details, company structure etc.

Your Personal Information when You access Loccul through a social media website/ application and in such an event, Your Personal Information we receive from such social media websites/ applications, shall be as per the privacy policy of such sites/applications. For example, the information received from the other websites/platforms/applications at the time of accessing Loccul may include, and not be limited to, the user name, profile picture, e-mail address associated with that particular website/ application. By accessing or connecting to Loccul through a social media website/ application, You authorize Us to collect, store, use and retain such information and content in accordance with this Policy.

Any other information categorized as ‘sensitive personal data or information’ as per the terms of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under the Information Technology Act, 2000.

Non-personal information (“Non-Personal Information”) from You when You visit and/ or use Loccul. Non-Personal Information is any information that does not reveal Your specific identity, such as, browser information, internet protocol address, information collected through Cookies (defined below), details of Your internet service provider, the date, time and duration of Your usage of Loccul, pixel tags and other technologies, demographic information, etc. Loccul gathers some information automatically when You visit Loccul and stores it in log files. We may collect certain information about Your computer or other electronic device through which You have accessed Loccul to facilitate, evaluate and verify Your use of Loccul. We may collect, store, use and have access to all communications and all information shared between a customer/ buyer and a seller/ business partner, through a messaging service available on Loccul.

“Cookies” are small files that reside on Your computer's hard drive and generally contain an anonymous unique identifier and are accessible only by the Loccul/ application that placed them there and not any other sites. You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting You may be unable to access certain parts of the Loccul. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You log on to Loccul. The use of Cookies by Our partners, affiliates, advertisers or service providers is not covered by this Policy.

2. How and Why do we collect and use Your Information?

We, or third parties authorised by Us, may use the information provided by You in the following ways, viz:

Provide and improve the services offered to You through Loccul, including Your efficient access of Loccul;

To contact You for delivery of products/ services and keep track of Your shopping cart, transaction history, etc.;

To resolve Your problems in relation to Your account, to troubleshoot problems with Your account, to confirm Your identity in order to ensure Your eligibility to use Loccul and to notify You regarding changes made to Loccul;

To resolve a dispute and to collect fees or monies owed by You to Loccul;

For advertising and marketing communications. We may also share Non-Personal Information with third parties such as, Our advertisers, sponsors, investors, business partners, advisors and consultants;

Analyze how Loccul is used, diagnose service or technical problems, maintain security and conduct research and analysis to detect, prevent, mitigate and investigate fraudulent or illegal activities;

Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;

To carry out Our obligations and to process transactions arising from any contracts entered into between You and Us;

Notify You, if possible, in the event We become aware of any breach of the security of Your information and take appropriate action to the best of Our ability to remedy such a breach;

To enable Us to comply with legal and regulatory obligations.

We will use and retain Your information for such periods as necessary to comply with Our legal obligations, resolve disputes, and enforce Our agreements.

3. How do We Store and Secure Your Information and When do We Disclose Your Information?

Storage and Security:

Your information is important to Us. To protect Your information, We use reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. We also use reasonable security practices and procedures as mandated under applicable laws to protect Your information. All information You provide to Us is stored on Our secure servers.

If You make payments via a payment gateway to complete any transaction on Loccul then Your credit card data and other financial information may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS) by Our payment gateway service provider.

We may share Your information with third parties under a confidentiality agreement which inter alia provides for such third parties not disclosing the information further unless such disclosure is for the purpose as detailed under that confidentiality agreement. However, We are not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. We shall not be liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on Loccul).

Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

A "Force Majeure Event" shall mean any event that is beyond Our reasonable control or the reasonable control of Our advertisers, sponsors, investors, business partners, advisors and consultants and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond Our reasonable control), power or electricity failure or unavailability of adequate power or electricity.

As a registered user with an account and a password, You are solely responsible for keeping Your password confidential.

By using Loccul, You accept the security implications of data transmission over the internet and the World Wide Web cannot always be guaranteed as completely secure. Therefore, Your use of Loccul will be at Your own risk.

You agree and acknowledge that We shall retain all information provided by You until such time as is required by the applicable law or until it is required for Our internal use, whichever is later.

Disclosure of Information:

We may share Your information with third parties only in such manner as described below:

Including, but not limited to, logistics partners, payment gateway partners, data analysts, warehouse partners to provide the services offered to you through Loccul and in such an event, the third parties’ use of Your information will be bound, among other things, by this Policy. We may store information in locations outside the direct control of the Company (for instance, on servers or databases co-located with hosting providers). However, We will not disclose any sensitive personal data, such as, bank account details, any party except for third parties who are authorized by Us.

With Your prior consent, to any member of Our related or group companies including but not limited to, Our subsidiaries, Our ultimate holding company and its subsidiaries, as the case may be.

Without prior notice, if We are under a duty to do so in order to comply with any legal obligation or an order from the government and/or a statutory authority, or in order to enforce or apply Our terms of use or assign such information in the course of corporate divestitures, mergers, or to protect the rights, property, or safety of Us, Our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

The Company may be involved in the transaction of a merger, acquisition, sale of assets, business re-organization, bankruptcy etc. During such a process, it may sell, transfer or otherwise share some or all of its assets which may include Your information. However, in such an event of sale or transfer, the Company shall reasonably ensure that Your information collected and stored by the Company is stored and used by the transferee in a manner that is consistent with this Policy. Any such third party to whom We transfer or sell shall have the right to continue to use the information that You provide to Us or collected by Us immediately prior to such transfer or sale. On completion of the sale or transfer, the privacy policy of the third party shall apply with respect to Your information. To stay updated about such business transactions, please read this Policy from time to time.

We assume no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Us responsible for any breach of security unless such breach has been caused as a direct result of Our gross negligence or wilful default

Non-Disclosure of Information by You: You may choose not to provide identifiable information through Loccul, in which case You may not be allowed to access certain features / parts of Loccul. If You are a registered user, You may update, edit or correct Your account information and email preferences at any time by logging in to Your account. If You believe that any of Your information held by Us is inaccurate, You may write to Us at [email protected]. We will respond to Your request within a period of 5 (five) days. It is Your responsibility to ensure that any information You provide Us remains accurate and updated.

4. What is Unsolicited Information?

This Policy does not apply to any information other than the information collected by the Company through Loccul. This Policy shall be inapplicable to any unsolicited information You provide Us through Loccul or through any other means. This includes, but is not limited to, information posted in any public areas of Loccul. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.

5. What is Phishing?

“Phishing" usually occurs when users of a Loccul are induced by an individual/entity into divulging sensitive personal data by using fraudulent websites and/ or e-mail addresses. In the event You provide information to a website or respond to an e-mail which does not belong to Us or is not connected with Us in any manner, You will be a victim to Phishing. We do not send e-mails requesting a user for payment information, user name or passwords. However, We may verify the user name, password etc. provided by You from time to time.

If You receive a suspicious email on Our behalf, We suggest You do not reply to it and do not open any attachments, click on links contained in the e-mail or provide any information in response to it. You can report suspected fraud involving Us by sending an e-mail to [email protected] respectively. Please include the word "phishing" in the subject line of Your e-mail and provide as much information as possible about the fraudulent activity or message.

6. Validity of this Policy

We have taken every effort to ensure that this Policy adheres with the applicable laws. The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy.

7. Governing Law and Dispute Resolution

This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Bangalore, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.

8. No Waiver

The rights and remedies of available under this Policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

9. Whom to contact for resolution of Grievances?

Please address Your grievances, feedback or questions, without limitation, with respect to this Policy or any other policy of the Company on the Loccul, please contact Our grievance officer, by writing to Us at [email protected]. You can always withdraw Your consent for usage, processing of Your information by Us by writing to Us at the address mentioned above.

Last updated on 21 July, 2017.

This is an electronic record as per the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Loccul Infotainment Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include affiliates, successors and assigns) owns and operates this mobile application, Loccul and a website,(“ Loccul ”).

Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of Loccul is subject to and governed by the following terms and conditions (“Terms of Use”) along with all policies, notices, guidelines, disclaimers that are published on Loccul from time to time which are incorporated herein by way of reference including but not limited to Our privacy policy , report abuse policy , terms of sale , and such other terms as may be applicable to You as a User of Loccul. These Terms of Use shall be enforceable against You in the same manner as any other written agreement. User shall mean any person/ persons, who visits, uses, deals with and/ or transacts through the Loccul and includes a buyer, seller, guest user, and browser.

By accessing, browsing or otherwise using Loccul, You indicate Your acceptance to all the terms and conditions herein. If You do not agree to these Terms of Use, please do not use Loccul. You acknowledge and agree that by mere use of Loccul, You shall be entering into a legal and binding contract with the Company as per these Terms of Use. Please read these Terms of Use carefully before proceeding. You will use Loccul for lawful purposes only and comply with all applicable laws, including the applicable domesting and international laws and regulations while using and transacting on Loccul.

You may use Loccul without paying a fee as currently, We do not levy any fee for browsing, accessing, transacting or using Loccul in any manner. However, in future, We may charge a fee for the use of Loccul. We will try to ensure that You are made aware of the applicability of any fees for a particular use of Loccul, as well as the amount of fees payable by You. Further, We shall at any time change or discontinue any aspect or feature, including charging, modifying or waiving of fees. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of Loccul subsequent to such changes, including, change in the fees will indicate and imply Your acceptance to such changes/ modifications.

1. Who are We?

   The Company is, interalia, engaged in managing and operating Loccul, which provides an online marketplace that facilitates purchase and sale of luxury products and provision of various services between buyers and sellers/ service providers and provides incidental services on behalf of sellers/ service providers. The Company is merely an intermediary and does not offer for sale any product and/ or offer any service for sale under the Company’s name and/ or under a brand name owned by the Company.

2. What are the Conditions to access, browse or use Loccul?

   To access, browse or use Loccul, You must be a natural person who is atleast 18 years of age. If You are less than 18 years of age, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. You must not misrepresent Your identity.

3. Creating an Account

   1. If You wish to create and maintain an account on Loccul (“Account”) in order to buy products or avail services, access certain content or upload content on Loccul, You will be required to furnish certain Account Information (“Account Information” shall mean and include certain information and details, including Your name, e-mail id, and any other information sought as part of the registration process deemed necessary by the Loccul). You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. By providing the Account Information, Your consent to receiving communications from Us including, but not limited to SMS, e-mails or phone calls with respect to Your transaction on Loccul and/ or for any other purpose is implied.

   2. It is not compulsory for You to register on the Loccul. You shall be permitted to use, browse or search for products on the Loccul even without an Account as a guest User. However, without an Account, You may have a restricted access to use and avail services from Loccul. These Terms of Use shall be binding on guest Users also.

   3. You shall be solely responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You will take sole responsibility for any activities or transactions under Your Account, whether or not You have authorized such activities or transactions. You will immediately notify us of any unauthorized use of Your Account. We will not be liable for any such unauthorized use.

   4. You will provide authentic and true information in all instances. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and restrain You from using Loccul, without prior intimation whatsoever.

   5. [email protected] requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account in accordance with Section 10 of this Terms of Use.

4. How to Use Loccul?

   The Company grants You a limited sub-license to access and make personal use of Loccul and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of Loccul or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Loccul or its contents, any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Pursuant to the license granted by the Company, You may use Loccul only for lawful purposes. The Company specifically prohibits any use of Loccul for, and You agree not to use the Loccul for, any of the following purposes:

   1. Downloading any graphics, layout, text, content, instructions, images, audio, videos, designs etc. (collectively “Materials”) or User Content (as defined below) unless You see a ‘download’ or similar link displayed on Loccul by reference. For the purposes of this Terms of Use, “User Content” shall mean and include testimonials, reviews, comments, suggestions and other communication functionalities through which the Users may be provided with an opportunity to submit, post, display content and materials on the Loccul. User Content may also include information relating to products and policies uploaded on the Loccul, if the User is a seller;

   2. Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting rights in, or in any way exploiting, any of the copyrighted Material on Loccul, in whole or in part, without Our prior written consent; or

   3. Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on Loccul (except as may be a result of standard Internet browser or search engine);

   4. Intentionally or unintentionally interfering with or violate any applicable laws related to the access to, or use of, Loccul, violate any requirements, procedures, policies or regulations of networks connected to the Loccul;

   5. Accessing Loccul through means other than through the interface that is provided by the Company;

   6. Engaging in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;

   7. Violating any of the terms specified under the Terms of Use or any other Loccul policies; or

   8. Disrupting or interfering with the security of, or otherwise cause harm to, the Loccul Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through Loccul or any affiliated or linked sites. You shall further comply with the following conditions to ensure the security of Loccul:

      1. You shall not misuse Loccul by knowingly introducing viruses, trojans, worms, logic bombs or other materials that may be construed as being malicious or technologically harmful viruses (collectively “Viruses”). You must not attempt to gain unauthorized access to the server on which Loccul is stored or any server, computer or database connected to this Loccul. You must not attack Loccul via a denial-of-service attack.

      2. You will not delete or modify any content of Loccul, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

      3. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Loccul or to Your downloading of any Material posted on it, or on any website linked to it.

      4. You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

   9. The Company will be entitled to seek damages and/ or be entitled to any other remedy available to it under the applicable law in the event of an unauthorised use by You.

   10. www.loccul.com/privacy.html . As a visitor to Loccul, You are advised to read the privacy policy carefully.

5. User Content

   1. We may provide You and other users with the opportunity to provide User Content.

   2. Uploading User Content on Loccul amounts to publishing the User Content. By uploading the User Content on Loccul, You understand that all Users visiting Loccul will be able to view the User Content.The Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay You any compensation for any User Content; or (3) to respond to any User Content. The Company does not regularly review posted User Content, but reserves the right (but not the obligation) to monitor and edit or remove any User Content submitted on Loccul.

   3. The Company does not assume any obligation of any kind to You or any third party with respect to Your User Content. You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any user or third party with respect to Your User Content and that the risk of harm or damage from the foregoing rests entirely with You.

   4. You grant to the Company unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.

   5. You agree not to use or encourage, or permit others to use the Loccul to perform including, but not limited to the following:

   1. Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;

   2. Intimidate, cause annoyance and/or harass another and incite others to commit violence and/ or is bigoted, hateful, racially, ethnically or otherwise objectionable;

   3. Harm minors in any way and impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity;

   4. Make available any User Content that infringes any intellectual property rights or other proprietary rights of any party and manipulate or disguise the origin of any of User Content posted on, or transmitted through, Loccul including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on Loccul;

   5. Not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loccul or of the Company without express written consent from the Company.

   6. Not use any meta tags or any other “hidden text” utilizing Loccul’s or Company’s name or trademarks without the express written consent of the Company.

   7. Do anything unlawful, misleading, malicious, or discriminatory;

   8. Post anyone’s identification details and/ or documents or sensitive financial information on Loccul. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;

   9. Use any of the Company’s domain names as a pseudonymous return email address;

   10. Upload any User Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

   Any violation by You of this section may result in immediate suspension or termination of Your Account.

   www.loccul.com/abuse.html for the procedure adopted by Us for such take down of allegedly infringing User Content.

6. Intellectual Property

   1. All Materials, excluding the User Content, that are uploaded on Loccul by Us, unless otherwise stated, are owned, controlled or licensed by Us, Our subsidiaries or affiliates. The Company is the sole owner of the Trade Marks (“Trademarks” shall mean and include Company marks, service marks, trade name and any other marks used by the Company whether now or in future). Any and all rights to use any Materials and/ or Trademarks. not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors. You agree not to interfere with Our rights in the Materials and/ or Trademarks and that You will not harm, misuse, or bring into disrepute any of the Materials.

   2. Loccul is operated by and is the sole property of the Company. Any and all Material on Loccul are protected by copyrights, Trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Loccul. Modification of the Materials on Loccul or use of the Materials by You for any purpose is a violation of the said copyrights, Trademarks and other intellectual proprietary rights, and is expressly prohibited.

   3. All Trademarks, domain name, trade dress including the look, feel and design of Loccul, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company.

   4. All third party trademarks advertised or displayed on Loccul belong solely to the respective third party and We do not have any rights over such third party trademarks.

   5. We respect the intellectual property rights of others, and We expect Our Users to do the same. Therefore, as a matter of policy, any User Content uploaded on Loccul, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Loccul or otherwise pursuant to these Terms of Use. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.

   6. You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on Loccul, by writing to Us at [email protected] or accessing Our Report Abuse section.

7. Disclaimer and Liability

   1. All Materials and User Content on Loccul is provided to You on an ‘as is’ basis. You shall access Loccul and transact at Your sole risk and are using the Your best and prudent judgment before entering into any transaction through this Loccul. All necessary and reasonable care has been taken to ensure that the information on the Loccul is correct and error free. We apologize for any inadvertent errors that may have occurred during Your use of the Loccul.

   2. We have taken all reasonable steps but cannot warrant that the use of the Loccul will be uninterrupted, completely error free due to the nature of the internet or fit for purpose,or that the Loccul or the servers that make them available are free of viruses or bugs,or represents the full functionality, accuracy, reliability of Loccul at all times. We cannot guarantee that any or all , and that defects will be corrected in a timely manner, or the result of using Loccul will meet your expectations. Also, Your access to Loccul may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

   3. We do not make any warranty whatsoever, whether express or implied, relating to fitness or accuracy, reliability, completeness, timeliness, performance, safety, merchantability, quality, suitability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Loccul at any particular time or location.

   4. The Company is further not responsible for any advertisement, representation, offer, warranty etc. displayed and/ or exhibited by other Users of Loccul.

   5. We shall neither be liable nor responsible for any actions or inactions of any other User nor any breach of conditions, representations or warranties by the sellers or manufacturers/ service providers of the products/ services and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers/ service provider or manufacturers of the products. We do not implicitly or explicitly support or endorse the sale or purchase of any products on Loccul. At no time shall any right, title or interest in the products sold through or displayed on Loccul vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on Loccul.

   6. Loccul may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such Locculs. If You decide to access such linked Locculs, You do so at Your own risk. We do not in any way endorse the linked Locculs.

   7. Similarly, Loccul can be made accessible through a link created by other website. Access to Loccul through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to Loccul are necessarily the same or similar to the idea, concept, aim or purpose of Our Loccul or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other websites are derogatory in nature to the objectives, aims, purposes, ideas and concepts of Loccul, is utilized to visit Loccul and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.

   8. Your obligations under this clause shall survive the termination of these Terms of Use.

8. Indemnity

   1. You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Loccul; (ii) Your violation of any term of these Terms of Use or any other Loccul policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Loccul.

   2. You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions/inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

   3. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using Loccul.

9. Termination

   1. We shall terminate Your Account if You breach any provisions of this Terms of Use. By breaching the provisions of this Terms of Use, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use Loccul will cease immediately.

   2. In addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features / parts of Loccul, in the event it is determined by Us that You have violated any of these Terms of Use and/ or if You have violated any applicable law. Any such suspension or termination of access to Loccul may be effected by Us without providing You with a prior written notice in this regard.Your Account may also be terminated due to technical errors in Loccul.

   3. Upon termination of Your Account or prohibition of Your use of Loccul, all rights granted by Us to You to use Loccul will automatically terminate and We shall have no further obligation or liability towards You.

   4. You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on Loccul. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Loccul.

   5. Upon termination of Your Account, You shall not create a new Account and use Loccul with Your details and/ or with the details of any other user.

10. Monitoring

    All electronic communications may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law.Electronic communications and content may be examined by manual or automated means. The Company has the right to reject, at its sole discretion any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.

11. General. This Terms of Use shall constitute the entire agreement between You and the Company hereto relating to the subject matter thereof, and there are no oral statements, representations, warranties, undertakings or agreements between You and the Company except as provided herein. The interpretation and enforcement of this Agreement shall be governed by the laws of India and You submit to the exclusive jurisdiction of the courts at Bangalore. You may not sell, transfer, assign, sublicense or subcontract any right or obligation hereunder without the prior written consent of the Company. Notwithstanding the foregoing, We may assign any part or whole of this Terms of Use to an affiliate or group company. If any term of this Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then this Terms of Use, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by Us, Our successors, and assigns. Your or Our failure to insist on any one or more instances upon strict performance by the other party of any of the terms of this Terms of Use shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.

Last Updated on 21 July, 2017.

This mobile application, Loccul (“Loccul”) is a platform owned and operated by Loccul Infotainment Private Limited (“We”, “Us”, “Company” or “Our”, which shall mean and include its affiliates, successors and assigns).

"User", “You” or “Your” (including legal heirs and representatives) shall mean and include all users of Loccul.

You are requested to “report abuse” with respect to content that You find questionable or offensive or in any manner and violate any law and/ or Our policies published on Loccul or otherwise. We request You to adhere to Our policies and report instances of abuse to Us in all such cases, including those mentioned below:

1. Personal Identity and Confidential Information: The Users should not engage in identity theft, creating multiple accounts, or falsely representing an organization in the course of the use of Loccul. Please provide correct and true information about Yourself while posting content on Loccul. We do not encourage unauthorized publishing of people's private and confidential information, such as credit card numbers, driver's and other license numbers, or any other information that is not publicly accessible.

2. Malicious Content: Do not post such content, which directly or indirectly, defames someone or injures or maligns someone's reputation by making malicious personal attacks without any political, professional or social commentary. Users have to ensure that the reviews posted by them on Loccul do not include any personal attacks and/or incorrect and untrue information.

3. Hate speech: We do not tolerate hate speech. Any content posted by Users should be respectful towards the other Users of Loccul. We do not encourage distinguishing individuals based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or disease. Hate speech includes debasing or dehumanizing language and incitement of violence or prejudicial action against an individual or group of people based on their affiliation.

4. Sex and Nudity: We do not encourage nudity or pornography. Loccul or any material contained on Loccul is not intended to create, possess or distribute any obscene or pornographic material. Before posting debatable or questionable content, be mindful of its consequences.

5. Threats and Illegal Activities: We want Our Users to feel safe on Loccul. Do not use threatening language or otherwise post threats on Loccul. Loccul is not to be used or intended to be used to commit fraud or for any other unlawful purposes or promotion of dangerous or illegal activities.

6. Phishing, Spam and Malware: Do not upload or share any content with malware, viruses, or anything that may disrupt the services on Loccul or harm others. Do not engage in password phishing, spamming other Users or using automated means to perform actions such as creating new profiles, sending messages, creating new communities, etc.

On receiving a complaint on any of the above grounds, We may take appropriate measures including, but not limited to, removing the material/ content, restricting access to that content by limiting who can view the content, such as through a warning page prior to viewing the material, reporting the violation to appropriate law enforcement authorities.

You may disagree with certain material or find it to be inappropriate. However, We understand that Users of Loccul have many different points of view. We take this into consideration when reviewing reports of abuse and may make exceptions based on artistic, educational, documentary, or scientific considerations or where there are other substantial benefits to the public from not taking action on the content. Although not all reports will result in action, We do rely on the Users to identify and report material that may be violating any law or Our policies. So please keep Us informed of any potential abuse.

www.loccul.com/terms.html for more details on this issue.

In order to report infringement of Your copyright in any content available on the Loccul, please see the section below on Take Down Notice and provide Us with the necessary information to help Us identify and take down the infringing content.