Terms and Conditions

The following exhibit the terms and conditions of use (here in after referred to as an "Agreement"), applicable to your use of www.localhey.com and Localhey Mobile Applications (here in after referred to as "Platform"), which is a local business, services, attractions and information search platform provided by Procart Industrial Solutions Pvt. Ltd. a company incorporated under the Companies Act, 1956. It is an agreement between you as the User(s) of the Platform and Localhey (here in after referred to as "Localhey"),

Localhey believes that user(s) have fully read,understood, and accept the agreement, before they register to and/or add their business and/or access or begin using the Platform.

If user(s) do not agree to or do not wish to be bound by agreement, they may not access or otherwise use the Platform.

We may periodically change the Terms and Conditions of Use without notice, and you are responsible for checking these Terms and Conditions of Use periodically for revisions.

01. Account Eligibility and Registration

• Use of the Platform is available only to persons of age 18 years and above. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not use the Platform. Localhey reserves the right to terminate your account if it is brought to Localhey’s notice or if it is discovered that you are under the age of 18 years.
• User(s) can register in the Platform by providing their mobile number with One Time Password and basic information such as Name, Date of Birth.By becoming a Registered User, you consent to the inclusion of your personal data i.e. Mobile Number, Name, Date of Birth and Profile Photos in our on-line database and authorize Localhey to share such information with other user(s).
• Personal information supplied by user(s) during the Registration and Use of Platform is governed by our Privacy Policy.

Localhey is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its User(s), Clients, Businesses, Service Partners and other users of the Platform. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY

01. Use of the Platform

• We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") uploaded by other User(s) and by us for the search services on the Platform. We provide the Material through the Platform for your personal and non-commercial use only
• While every attempt has been made to ascertain the authenticity of the Platform’s content, Localhey is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platform including but not limited to decisions based on the content in the Platform which results in any loss of data, revenue, profits, property, infection by viruses etc.
• Localhey communicates information provided and created by other User(s) advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Localhey has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platform or any.
• Businesses listed in Localhey platform may be small and medium enterprises, business houses, corporate entities, establishments or individuals. Localhey will only provide Information about the Business and its products, services, offers, events to the user(s) in the manner provided for in these Terms.
• User(s) are cautioned that all and any information/products or services of whatsoever nature provided or received from the business is taken in good faith, without least suspecting the bonafide of the business and Localhey does not confirm, does not acknowledge, or subscribe to the claims and representation made by the business listed with Localhey. Further, Localhey is not at all responsible for any act of business listed at Localhey or any claims arising owing to or pursuant to such acts of the business.
• Localhey hereby informs to User(s) that, we do not either verify or collect any registration certificates, or any other documents from the business to confirm the business legal status. User(s) are hereby advised to confirm the legal status of each business listed on Localhey before entering into any commercial transactions.
• Localhey platform facilitates Businesses and User(s) to interact with each other for the purposes of commercial transactions. In this transaction Localheyis acting only as a mediator, and enable users to avail services, avail special offers, order products and request for prices for products offered by Businesses through various features provided by our Platform.
• All commercial terms are offered by Businesses only and agreedbetween You and Businesses alone. The commercial terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Localhey does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial terms between the User and Businesses.

01. User Generated Content Listings (City Stories Posts)

User(s) after the successful account registration on our Platform may also add content related to categories listed to our City Stories section with various media like images, videos, descriptions.

Contents to be with relevant to the listed categories only

Personal contents or images or videos should not be posted

User agrees that user own all rights to the User Content or, alternatively, that user have the right to give Localhey the rights described above

User have paid and will pay in full any fees or other payments that may be related to the use of User Content

User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party

Any content added by the user shall be reviewed by Localhey and will approved if it meets our posting policy as below.

Posting General Guidelines & Policy:

You may choose to provide us with your own original content such as images, videos, comments, text, audio/visual recordings, and/or other materials (“User Content”). Provided that your User Content complies with these Terms and Conditions and Localhey’s Privacy Policy.

By submitting your User Content to us, you are agreeing to the following:

You grant to Localheyand its subsidiary a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicensable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your user name on the applicable platform), including, without limitation, in advertising and promotion ofLocalhey and its products and/or services. Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorizeLocalhey to use your User Content in the manner permitted in the Terms. You agree that your User Content is not confidential.

You represent and warrant toLocalhey as follows: that your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms; you will comply with all relevant & applicable disclosure requirements and guidelines relating to your User Content; the posting and/or display and/or other permitted use of your User Content by Localhey or those deriving rights through Localhey will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.

You agree that your User Content created, submitted or otherwise made available by you toLocalhey will not: be abusive, threatening or harassing towards others; include any infringing, obscene, defamatory, slanderous, libellous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); include commercial or political solicitations or messages; include any content designed to injure people or property (including without limitation viruses); impersonate others or be misleading as to your identity, the source of your User Content; suggest that you or your User Content is sponsored or endorsed byLocalhey (unless it is); otherwise violate the Terms.

01. Business Listing

• User(s) after the successful account registration on our Platform may also add their Business by providing basic information like Business Legal Name, Contact Person, Contact Details, Business Address, Working Hours, Google Location of Business and relevant Photos.
• Adding a Business is at no cost to the User(s)
• Approved Businesses can buy the promotional Buy Packs, namely Add Products, Add Events, Add Offers and Add Announcements. The Pricing, Usage Count and Validity of the packs are as mentioned in offer at the time of purchase.
• The Buy Packs are Not Refundable, Not Transferable and Not Cancellable at any point of time.
• Businesses acknowledges that Localhey is basically a Platform providing search services and does not intend to guarantee any sales or financial profits to Businesses.
• Businesses acknowledges that Localhey is not responsible for the goods or services, or any dispute between the Business & User. It is the responsibility of the Business to fulfil the product/service delivery and resolve any dispute or claim raised by User.

Product/Service/Offer Listing

• Each Product, Service,Offers, Events, Announcement added by the user(s) under their approved Businesswill be scrutinized by our team and will be approved only if it meets our listing policy. If found any requirement of correction the same will be intimated to the user(s) and later will be approved only after the correction.
• Businesses may not list, display or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction.
• Businesses solely represent, warrant and agree to provide with true, accurate, current and complete product/service information to be displayed on the Platform and maintain and promptly amend all information to keep it accurate and updated.
• We may ask for authorization, certification, or registration/license copies anytime from the Businesses in case of requirement. In case Businesses failed to submit the above documents, the account will be made in-active or deleted.
• Localheyreserves the right in its sole discretion to remove anymaterial/content/photos/offers displayed on the website which it reasonably believes is unlawful, could subject Localhey to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in Localhey’s opinion.

User(s) hereby represent, warrant and agree that product/service information submitted to Localheyfor display on the platform will not:

• Violate any applicable law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• Contain fraudulent information or make fraudulent offers of products/services or sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law or otherwise promote other illegal activities
• Be part of a scheme to defraud other user(s) of the platform or for any other unlawful purpose
• Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other third party rights
• Be obscene or contain any pornography or sex-related products/services or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation
• Contain any computer viruses or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information
• Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law or otherwise create any liability for Localheyor its affiliates.

• Below list of products are also prohibited for listing which may not be restricted by the law but are controversial.
• Gold, Silver and other Precious Metals Crude Oil
• Firearms, Ammunition, Weapons
• Hazardous and Dangerous Materials
• Refurbished Products
• Replica and Counterfeit Items

01. Mode of Payment

• User(s) may choose to make the payment for the Products and Services through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction in the Localhey platform. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Localheyshall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.
• User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
• Localheywill not process, store or transmit credit/debit or any other card related information or any banking related information at its platform.Localheywill take adequate security measures and encryption to maintain the data secure, generated and submitted to it’splatform and it shall maintain high standards in relation to providing secure services toit’s platform user(s)

01. Returns or Refunds

In case you are not satisfied with the quality of the products you have purchased or services you have availed from the Businesses listed on Localhey platform, you may contact our customer care at hello@localhey.com.

We shall note your complaint and the same will be forwarded to the respective Business for its resolution or you can complain to the Business directly via our Platform and may claim for a replacement or refund.

Further, you hereby confirm and agree that you will not have any right to claim anything against Localheyin this respect.

01. Disclaimer

• User(s) using any of LocalheyPlatform services across the following mediums i.e. through internet i.e. www.localhey.com websiteor mobile applications or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Businesses listed with Localhey. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Businesses are taken in good faith, without least suspecting the bonafides of the Businesses and Localhey does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Businesses listed with Localhey. Further, Localhey is not at allresponsible for any act of Businesses listed at Localhey.

In no event shall Localhey, Its Officers, Directors, Employees, or Agents, be liable to you for any Direct, Indirect, Incidental, Special, Punitive, or Consequential damages whatsoever resulting from any

01. Limitation of Liability

• Errors, Mistakes, or Inaccuracies of Content,
• Personal Injury or Property Damage, of any nature whatsoever, resulting from your access to and use of our service,
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• Any interruption of transmission of information to or from our servers,
• Any bugs or viruses or similar things, which may be transmitted to or through by using our service or platform
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content in our platform,

01. Indemnity

You agree to defend, indemnify and hold harmless Localhey, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Localhey or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

01. Governing Law and Jurisdiction:

These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Mangalore, India.

Localhey may modify this Terms & Conditions of Use at any time without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions, in the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Platform and it’s services. However, if you continue to use the Platform and it’s services you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use.