1Terms of Use
- The websites (https://www.localhearts.in/ URL) (Website) and mobile application 'Localhearts' (App) (Website and App collectively referred to as the "Platform") are owned, operated and managed by the S.N.R.U. PVT.LTD a private limited company incorporated in accordance with the provisions of the Indian Companies Act, 2013 and having its registered office situated at House No:- Ashiyana Phase-1, Ashiyana-Nagar, Patna, Bihar, Pincode:- 800025.
- These terms of use ("Terms") govern your use of the Platform, and for these Terms, Localhearts Private Limited, including its subsidiaries, its holding company, its affiliates, may, wherever context so requires, also be referred to as "Localhearts", "We", "Us", or "Our".
- The terms "You", "Your" or "User" refer to the user of the Platform. We value the trust you have placed in us, and hence we maintain reasonable security standards for securing the transactions and your information.
- The terms "Vendor", "Merchant", "Business Owner", Seller, or "Trader" refer to the Vendor who is using our platform (Localhearts) for the purpose of the business, which includes selling the product locally available in their respective shops.
- The term "Restaurant"/ "Restaurant Partner" means the restaurants listed on the Localhearts Platform.
2Acceptance of Terms
- Your use/ access of the Localhearts Platform shall be governed by these Terms and the Privacy Policy of Localhearts. By accessing the Localhearts Platform and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the Localhearts Platform and acknowledge that it constitutes an agreement between you and Localhearts. You may not access the Localhearts Platform and use the Services if you do not accept the Terms or are unable to be bound by the Terms/ the Privacy Policy.
- Please read these Terms & Conditions carefully before you use the Platform and its services. If you do not agree to these Terms, you are advised not to use the services on the Platform, and we kindly request that you uninstall the App and do not access the Platform. By even merely using/accessing the Platform in any way will mean that you are contracting with Localhearts and you signify your acceptance to these Terms and Condition along with other Localhearts policies including but not limited to the cancellation & refund terms and published privacy policy (''Privacy Notice'') as posted on the Platform and amended from time to time, which takes effect on the date on which You use the Platform and thereby create a legally binding agreement to abide by the same. Further, by furnishing your personal information, you consent to Localhearts accessing your personal information for the purpose of enabling transactions, and you also agree that you are interested in availing the services through the Platform in accordance with these Terms.
- Localhearts may vary, amend, change, or update these Terms from time to time entirely at its own discretion. You can access the latest version of these Terms at any given time on the Platform. You should regularly review the Terms on the Platform. Localhearts reserves the right to amend, suspend, discontinue or add any or all services without prior notice and can add or remove relevant terms and conditions, if necessary. Any updation of the Terms as a consequence of a change in legal and regulatory compliance shall be made in compliance with the same. Your continued use of and access to the Platform shall be Your consent to any changes made by us in these Terms. If the modified Terms are not acceptable to you, you are advised to discontinue accessing/using the Platform of Localhearts.
3Services Overview
- Localhearts is a platform built for the purpose of providing a platform to the business owners to connect with the relevant customers for the sale/supply of their product/service to their allied customers in this digital and fast-paced era. Products/ services may be listed or offered for sale/ supply on the Localhearts Platform by respective business owners, their affiliates or third parties ("Third Party Sellers") (such third-party products/ services offered by Third Party Sellers shall hereinafter be referred to as "Third Party Offerings"). For abundant clarity, with respect to the Third-Party Offerings, Localhearts does not provide any services to users other than providing the Localhearts Platform as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. Services on the Localhearts Platform are available only to select geographies in India.
- The platform of the Localhearts will only act as the acts as a technology intermediary, which provides the discovery, ordering, and payment facilitation. The Platform of the Localhearts does not sell or provide the service itself.
- Localhearts is not and cannot be a party to any transaction between you and the Third-Party Sellers (which shall be a bipartite arrangement between you and the Third-Party Seller), nor does Localhearts have any control or influence over the Third-Party Offerings. Localhearts does not make any representation or warranties with respect to the Third-Party Offerings, including relating to quality, suitability, merchantability and fitness for any purpose, nor does Localhearts implicitly or explicitly support or endorse the sale/ supply or purchase of any such products/ services on the Localhearts Platform. Localhearts therefore disclaims all warranties and liabilities associated with any Third-Party Offerings on the Localhearts Platform.
- Localhearts functions solely as an online marketplace and acts as a facilitator, enabling transactions between Users and Sellers on the Platform. At no point does Localhearts take possession of any Products offered by Sellers, nor does it hold any rights, title or interest in those Products and services. Localhearts is not liable for any obligations related to non-performance or breach of contracts between Users and Sellers, as that is a bilateral arrangement between you and the Seller. Furthermore, Localhearts is neither responsible for poor or delayed Product or service performance nor for issues arising from Products that are out of stock, unavailable or back-ordered.
- Products and services are ranked organically unless promoted through advertisements. Ranking is based on popularity indicators like impressions, user preferences, relevance, add-to-cart actions, etc. Newly launched products receive a temporary visibility boost to enhance exposure and assess popularity. Localhearts does not: (i) adopt any 'unfair trade practices' either on the Platform or otherwise with respect to its services; (ii) discriminate between Users of the same class or make any arbitrary classification of the Users, and (iii) discriminate between the third-party delivery service providers.
4Eligibility to Use the Services
- You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms.
- Localhearts intends to be the platform which connects the vendors/ merchants/traders to their potential customers, providing business opportunities for one and ease of delivery of services to another in this digital era.
- Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
5Account & Registration Obligations
- All users must register and log in to place orders on the Localhearts Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the Localhearts Platform. By agreeing to the Terms, you agree to receive promotional, transactional or other communications, and newsletters from Localhearts and its group companies/ affiliates. You can opt out of such communications and/or newsletters by using the opt-out options available in such communications. You can also change your notification preferences as available in your profile section of the Localhearts Platform.
- When you access and use the Localhearts Platform, Localhearts may collect your personally identifiable information, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address, etc) preferences and information about the pages on the Localhearts Platform you visit/access, the links you click on the Localhearts Platform, the number of times you access a particular page/feature. We may also collect information about the transactions you undertake on the Localhearts Platform, including financial information, and any other such information as may be required to provide you with services and to administer the Localhearts Platform. Personal data and identifiable Information so collected will be subject to Localhearts Privacy Policy.
- By registering your mobile number with us, you provide your consent to be contacted by us or through a third-party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order, shipment, delivery, customer support-related updates or for other correspondence as may be required in the course of provision of our Services.
6User Account, Password and Security
- You are solely responsible for the accuracy and completeness of all information you provide to us. You must ensure that your Account details and any other information you submit to us are true, accurate, current, and complete. In the event of any changes to your Account information, or if any information becomes outdated or incorrect, you are required to promptly update it through the Platform or by contacting Localhearts to request revisions. If any information provided by you is or becomes untrue, inaccurate, unauthorised, outdated, or incomplete, Localhearts reserves the right to refuse the provision of any services, particularly where there are reasonable grounds to suspect such issues. Additionally, Localhearts may deny or refuse access to the Platform at any time without prior notice.
- Confidentiality of the Account credentials shall be your responsibility. Localhearts disclaims any liability for losses due to unauthorised access to your account.
7Privacy
7.1
We view the protection of your privacy as a fundamental principle. We understand that you and your Personal Information constitute one of our most valuable assets. We collect, store, and process your information, including sensitive personal data or information (as defined under the Information Technology Act, 2000, The Digital Personal Data Protection (DPDP) Act, 2023, and the rules made thereunder), where applicable, on secure systems that are protected by physical, electronic, and procedural safeguards in accordance with applicable law.
7.2
Our current Privacy Policy is available on our site. By using the Website/Platform, you consent to the collection, storage, processing, transfer, and use of your information in accordance with our Privacy Policy.
7.3
If you do not agree with the terms of our Privacy Policy or the manner in which your information may be collected, stored, or used, you are advised not to access or use the Website/Platform (App).
8Cancellation, Returns & Refunds
8.1 CANCELLATION:
An order may only be cancelled before its acceptance or where the Vendor expressly agrees to such cancellation. Once the Vendor has accepted the order, you shall not be permitted to cancel it unless the order is cancelled by the Vendor itself.
Vendor reserves the right to cancel any order, in whole or in part, at its sole discretion, including but not limited to circumstances such as product shortages or unavailability, force-majeure events, unavailability of services, unforeseen circumstances, delivery-related issues, suspected fraudulent activity, or any non-compliance with these Terms.
If, in any case, the order is cancelled by the vendor or by us, then you will not be charged with any cancellation fee. Any amount already paid will be refunded to you within seven to fourteen working days (7-14) working days from the date of return/ cancellation approval of the product, subject to satisfactory checks.
8.2 RETURNS
All products once delivered and/or services once fulfilled shall be non-returnable, non-replaceable, non-exchangeable, and non-refundable, except in the following circumstances:
If the product delivered is:
- Damaged at the time of delivery;
- Defective;
- Expired; or
- Incorrectly delivered (i.e., product materially different from what was ordered)
Where the return, refund, replacement, or exchange is expressly permitted under the specific policy applicable to the relevant product or service, subject to the conditions, timelines, and requirements set out therein.
In such cases, requests shall be processed strictly in accordance with the applicable product/service-specific policy, including compliance with the prescribed timelines and submission requirements.
Users are advised to carefully review the relevant return/refund policy before placing an order and before raising any return, exchange, or refund request.
To process any claim, users shall be required to provide reasonable proof of the issue, including but not limited to photographs and/or video evidence, as may be requested.
8.3 REFUNDS:
All refunds for permitted returns and cancellations shall be processed within seven to fourteen working days (7-14) working days from the date of approval of such return or cancellation, subject to satisfactory verification and quality checks.
All refunds shall only be processed and settled in Indian Rupees (INR).
9EMI on Credit and Debit Cards
- The following terms and conditions ("EMI Terms") shall apply only to:
- Electronic items; or
- Transactions with an order value exceeding ₹10,000/-,
9.2
The availability of the EMI facility shall be subject to the discretion of the seller and/or the relevant financial institution or payment partner, and may vary based on product category, order value, and eligibility criteria.
10Pricing of Product and Payment-Related Information
10.1 PRICING OF PRODUCT:
The prices related to the respective Products which are listed on the Platform (Localhearts) are determined solely by the respective Sellers. Localhearts does not participate in, control, or influence the pricing of any Products or services in any manner. Prices may vary on various factors such as availability, location, demand, and promotional offers. You are advised to review the applicable price displayed on the Platform before placing an order. By placing an order, you agree to pay the price specified at the time of purchase. All Products listed on the Platform are offered in Indian Rupees (INR) and shall be sold either at the Maximum Retail Price (MRP) (inclusive of all applicable taxes) or at a discounted price, as indicated on the Platform.
The payment facility we facilitate is neither a banking nor a financial service, but merely an electronic, automated online payment system that receives payments on delivery for Platform transactions, using the existing authorised banking infrastructure and card payment gateway networks, as applicable. For certain payment methods, your payment service provider may charge you fees, such as transaction fees or other processing fees, related to processing your transaction.
Users may make payments through various modes made available on the Platform, including but not limited to Credit cards, Debit cards, Net banking, UPI (Unified Payments Interface), EMI (Easy Monthly Instalments) where applicable, and Cash on Delivery (COD), subject to eligibility.
The availability of specific payment methods may vary depending on factors including, but not limited to, the product category, seller, order value, location, and risk assessment parameters.
By placing an order, you authorise us and/or our payment partners to:
- Charge your selected payment method for the total order amount,
- Share transaction details with banks, payment gateways, or financial institutions for payment processing.
All payments are subject to:
- Successful authorisation by the issuing bank or payment provider,
- Verification checks conducted by our payment partners or us.
We reserve the right to refuse or cancel orders where payment authorisation fails or is suspected to be fraudulent.
You undertake to provide valid bank details or other details required for facilitating payment towards the transaction ("Payment Details"). By providing the Payment Details, you represent, warrant, and covenant that:
- You are legally authorised to provide such Payment Details
- You are legally authorised to make payments using such Payment Details
- Such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.
You may add, delete, and edit the Payment Details you have provided from time to time through the Platform. We shall not be responsible or obligated to refund any money to you for any unauthorised transactions conducted on the Platform using your Payment Details.
Title of any products purchased by you on the Platform shall be transferred to you after you make the applicable payment for the same, and also comply with any requirements which apply to the order.
All payments for orders and/or services on the Platform shall be made exclusively in Indian Rupees (INR).
11Limited Licence, Access and Acceptable Use
- Subject to these Terms and applicable laws in India, the Platform grants you a limited, personal, non-exclusive, non-transferable, and revocable licence to access and use the Platform and its services strictly for lawful, non-commercial, and personal purposes.
- Except for temporary caching in the ordinary course of use, you shall not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, reverse engineer, or otherwise exploit any part of the Platform without the prior written consent of the Platform. This licence does not include any resale or commercial use of the Platform or its contents, including but not limited to product listings, descriptions, pricing, or any use of data extraction tools such as bots, crawlers, scraping mechanisms, or similar technologies.
- You agree that you shall not host, display, upload, publish, transmit, store, update, or share any content, information, or communication (including messages, reviews, or any user-generated content) that:
- violates these Terms or any applicable law, including but not limited to the Information Technology Act, 2000, the Consumer Protection Act, 2019, and the Consumer Protection (E-Commerce) Rules, 2020.
- is unlawful, harmful, abusive, defamatory, obscene, pornographic, invasive of privacy, hateful, discriminatory, or otherwise objectionable;
- infringes any intellectual property or proprietary rights of any person or entity;
- is false, misleading, or deceptive, including fake reviews, manipulated ratings, or misrepresentation;
- impersonates any person or entity or falsely represents any affiliation;
- harms minors or violates applicable child protection laws;
- contains viruses, malware, or any malicious code designed to interrupt, destroy, or limit system functionality;
- promotes or facilitates illegal activities, including but not limited to fraud, money laundering, or gambling;
- constitutes spam, unsolicited promotions, or unauthorized advertising; or
- breaches any contractual or fiduciary obligations, including confidentiality obligations.
- You further agree that you shall not:
- attempt to gain unauthorised access to any portion of the Platform, its systems, servers, or networks;
- interfere with, disrupt, or compromise the integrity, security, or performance of the Platform;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
- circumvent or bypass any security measures or access controls implemented by the Platform; or
- collect, store, or misuse personal data of other users in contravention of applicable data protection laws.
- The Platform reserves the right, at its sole discretion and without prior notice, to monitor, review, remove, or restrict access to any content and to suspend or terminate your access to the Platform for any violation of these Terms, applicable laws, or pursuant to any order or requirement of a governmental or regulatory authority.
- All rights, title, and interest in and to the Platform, including all intellectual property rights therein, shall remain exclusively vested in the Platform and/or its licensors. Any unauthorised use of the Platform shall result in immediate termination of the licence granted herein and may also give rise to civil and/or criminal liability under applicable laws.
- You acknowledge and agree that you are solely responsible for any breach of these Terms or applicable laws, and the Platform shall not be liable for any direct or indirect consequences arising from such breach.
12Pickup / Delivery / Order Fulfilment Policy
- Delivery by Seller or Third‑Party Partner: If the Seller offers delivery, the order shall be delivered to the address provided by the User at checkout. Delivery timelines are estimated by the Seller and may vary based on location, traffic, weather, or other factors.
- Estimated Delivery Time: The estimated delivery time shown on the Platform is an approximation provided by the Seller. Localhearts does not guarantee delivery within any specific time frame, unless expressly stated in a separate written agreement.
- Delivery Confirmation: Delivery shall be deemed completed when the User (or a person at the delivery address) receives the order and acknowledges receipt (e.g., by providing an OTP, signing, or accepting delivery in the App).
- Self‑Pickup / Store Pickup: If the Seller enables a pickup option, the User may choose to collect the order from the Seller's designated physical location (e.g., shop, store, restaurant).
- Pickup Timelines: The Seller shall specify a pickup window or a "ready by" time. The User must collect the order within the stated period.
- Verification at Pickup: At the time of pickup, the User must show the order confirmation (digital or printed) and, if required, provide the order number or OTP. The User should inspect the product(s) before leaving the Seller's premises; after pickup, the order is deemed accepted.
- Order Acceptance: An order is confirmed only when the Seller accepts it through the Platform. If the Seller does not accept within a reasonable time (e.g., 15–30 minutes for restaurants, longer for other products), the order may be automatically cancelled.
- Preparation and Handover: Once accepted, the Seller shall prepare the order and, for delivery orders, hand it over to the delivery partner (or arrange for delivery). The Seller shall ensure that products are properly packaged, labelled, and safe for transit.
- Real‑Time Tracking: The Platform may provide real‑time order tracking. Tracking information is based on updates from the Seller and/or delivery partner. Localhearts does not guarantee its accuracy.
- Modifications After Order: Once an order is accepted, the User cannot modify it. For changes (e.g., address, items), the User must contact the Seller directly. The Seller may, at its discretion, allow modifications or cancel and reorder.
- Delay by Seller or Delivery Partner: If the order is delayed beyond a reasonable time, the User may contact the Seller through the Platform. Localhearts may, at its discretion, facilitate communication, but is not responsible for the delay.
- Wrong or Incomplete Order: If the User receives a wrong or incomplete order, the User should report it within 2 hours of delivery (or such period specified in the Returns policy) with photographic evidence. The Seller shall determine whether to resend, replace, or refund.
- User‑Caused Delays: If the User provides an incorrect address, is unavailable, or fails to respond to delivery partner calls, the Seller may cancel the order, and the User may not be eligible for a full refund.
- No Liability for Localhearts: To the fullest extent permitted by law, Localhearts shall not be liable for any delays, failed deliveries, damaged products during transit, or other fulfilment‑related issues arising from acts or omissions of the Seller or any third‑party delivery partner.
- Seller's Responsibility: The Seller remains solely responsible for all aspects of order fulfilment, including compliance with applicable food safety, product handling, and consumer protection laws.
12.6 Customer Support:
For any fulfilment‑related issues, Users should first contact the Seller via the Platform chat (if available) or the contact provide in the app. If unresolved, Users may contact Localhearts support at help@localhearts.in or through the App's chat support. Localhearts will attempt to facilitate a resolution, but does not guarantee a particular outcome.
13Limitation of Liability and Disclaimer
13.1
Localhearts operates as an intermediary platform facilitating interactions between Users and independent third-party sellers ("Sellers"). Localhearts is not a seller, manufacturer, distributor, or service provider of the products/services listed on the Platform.
13.2
To the fullest extent permitted under applicable law, Localhearts shall not be liable for:
- The quality, safety, merchantability, legality, or availability of products or services offered by Sellers
- Any deficiency, delay, failure, or misconduct by Sellers or third-party delivery partners
- Incorrect, damaged, delayed, or incomplete orders fulfilled by Sellers
- Any loss, injury, illness, or damage arising from the use or consumption of products
- Non-availability or cancellation of products or services
13.3
All product descriptions, images, pricing, and catalogue details are provided by Sellers. Localhearts does not verify or guarantee the accuracy, completeness, or reliability of such information and shall not be liable for any errors, omissions, or discrepancies.
13.4
All products and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose, quality, or performance.
13.5
Localhearts does not endorse, verify, or guarantee the identity, credentials, or legitimacy of any Seller. Users are advised to exercise independent judgment and due diligence.
13.6
Product images are for illustrative purposes only and may differ from the actual product. Users are advised to refer to the physical product packaging for accurate and complete information.
13.7
Localhearts reserves the right, at its sole discretion, to refuse, suspend, or cancel any order or User access without prior notice, including in cases of suspected fraud, abuse, violation of applicable laws, or breach of these Terms.
13.8
Do not share your card details, CVV, OTP, UPI/ATM PIN, or any sensitive information with anyone claiming to represent Localheart. Localheart will never ask for such details. Please report any suspected fraud to your bank, the nearest police station, or the National Cyber Crime Reporting Portal.
13.9
Please exercise caution when accessing portals or website links that claim to be associated with Localheart, including lookalike websites, payment links shared via social media or messaging platforms, and calls or messages from unauthorised numbers or accounts seeking personal or financial information.
- Localhearts does not guarantee uninterrupted or error-free operation of the Platform and shall not be liable for any losses arising due to system failures, downtime, technical issues, or force majeure events.
14Intellectual Property, Trademarks, and Third Party Content
Localhearts, its affiliates, brands, third-party sellers, licensors, and partners (as applicable) expressly reserve all rights, title, and interest in and to all text, software, programs, processes, technology, images, graphics, logos, audio, video, data, compilations, content, and other materials made available on the Localhearts Platform (collectively, "Intellectual Property").
All Intellectual Property displayed on or made available through the Platform is owned by or licensed to Localhearts or the respective rights holders and is protected under applicable intellectual property laws, including copyright, trademark, patent, and other proprietary rights laws.
14.2 No License or Transfer of Rights:
Access to or use of the Localhearts Platform does not grant or confer upon You any ownership rights, license, or other rights in relation to any Intellectual Property, except for the limited, revocable, non-exclusive, and non-transferable right to access and use the Platform for personal and lawful purposes in accordance with these Terms.
14.3 Restrictions on Use:
You shall not, without prior written consent of Localhearts or the relevant rights holder:
- Copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, transfer, or sell any content or Intellectual Property available on the Platform;
- Commercially exploit any part of the Platform or its contents;
- Remove, alter, or obscure any copyright, trademark, or proprietary notices;
- Use any data mining, scraping, crawling, bots, or similar automated tools to extract data or content from the Platform.
Any unauthorized use of the Platform or its Intellectual Property may violate applicable laws and may result in legal action.
14.4 Trademarks:
The names "Localhearts," associated logos, taglines, trade dress, service marks, and all related product and service names appearing on the Platform are trademarks or proprietary marks of Localhearts, its affiliates, licensors, sellers, or partners.
All other trademarks, product names, company names, logos, and marks appearing on the Platform are the property of their respective owners. Nothing contained on the Platform shall be construed as granting any license or right to use any trademark or proprietary mark without prior written permission of the respective owner.
14.5 Third-Party References and Links:
The Platform may contain references to third-party names, trademarks, products, services, websites, advertisements, promotions, or other materials, including hyperlinks to third-party websites or applications ("Third-Party Content").
Such Third-Party Content is provided solely for convenience and informational purposes. Localhearts does not control, monitor, verify, endorse, sponsor, recommend, or assume responsibility for any Third-Party Content or third-party websites.
The inclusion of any Third-Party Content or link does not imply any affiliation, endorsement, sponsorship, or recommendation by Localhearts.
14.6 Disclaimer Regarding Third-Party Content:
Localhearts makes no representations or warranties regarding the accuracy, completeness, legality, reliability, or quality of any Third-Party Content and disclaims all liability arising from or related to such content. You acknowledge and agree that:
- Localhearts is not responsible for examining or evaluating Third-Party Content;
- Your interaction with third parties is solely between You and such third parties; and
- Access to or use of any third-party website, application, or service is entirely at your own risk, cost, and discretion.
Localhearts shall not be liable for any loss, damage, claim, or liability arising from or related to Your access to or use of any Third-Party Content or third-party services.
14.7 Feedback and Suggestions:
If You submit any feedback, suggestions, ideas, reviews, or recommendations regarding the Platform ("Feedback"), You grant Localhearts a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such Feedback without restriction or compensation to You.
15Disclaimer of Warranties and Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
15.1 "As Is" Basis:
The Platform and other Content are provided by Localhearts on an "as is" basis without any warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
15.2 No Warranty of Performance:
Localhearts makes no warranty that the Platform or services will meet Your requirements, or that Your use of the Platform will be uninterrupted, timely, secure, or error-free.
15.3 No Oral Warranty:
No advice or information, whether oral or written, obtained by You from Localhearts shall create any warranty not expressly stated in the Terms.
15.4 No Liability for Unauthorized Account Use:
Localhearts will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform, either with or without Your knowledge.
15.5 No Obligation to Mediate Seller Disputes:
Localhearts shall not, nor is it obligated to, mediate or resolve any disputes or disagreements that may arise between You and the Sellers. Localhearts does not endorse, either implicitly or explicitly, any sale or purchase of Products or services listed on the Platform.
15.6 Limited Facilitation of Dispute Resolution:
Upon receiving a written request from You following the purchase of any Products and/or services on the Platform, Localhearts may provide additional information about the Sellers involved in the transaction as available, to facilitate direct communication between You and Sellers for the purpose of dispute resolution.
15.7 No Warranty on Accuracy or Completeness:
Localhearts has endeavoured to ensure that all the information on the Platform is accurate, but Localhearts neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information regarding the services, or otherwise.
15.8 No Liability for Delay or Unavailability:
Localhearts shall not be responsible for:
- the delay or inability to use the Platform or related functionalities;
- the provision of or failure to provide functionalities;
- any information, software, functionalities, and related graphics obtained through the Platform;
- any other matters arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability, or otherwise.
15.9 No Liability for Maintenance or Suspension:
Localhearts shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access that may occur due to technical reasons or for any reasons beyond Localhearts reasonable control.
15.10 Product Colour Disclaimer:
The colours of the Products displayed on the Platform are as accurate as possible. However, the actual colours you see will depend on Your monitor or device, and Localhearts/Sellers do not provide any guarantee in respect of such display and will not be responsible or liable for the same.
15.11 Geographic Restrictions:
Localhearts makes no representation that the Content on the Platform is appropriate to be used or accessed outside the Republic of India. Any Users who use or access the Platform from outside the Republic of India do so at their own risk and are responsible for compliance with the laws of such jurisdiction, and also consent to Localhearts for the use of their personal and other information only for the purpose of providing services.
15.12 Governing Law and Acceptance:
By visiting the Platform or providing Your information, You expressly agree to be bound by these Terms and our Privacy Notice, and also agree to be governed by the laws of India, including but not limited to the laws applicable to data protection and privacy. If you do not agree, please do not use or access our Platform.
- No Unauthorised Promotions: The Terms do not constitute, nor may the Terms be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorised, or to any person to whom it is unlawful to promote or solicit.
- Price Inaccuracies: Prices for any Product(s) displayed on the Platform may be inaccurate due to technical issues, typographical errors, or incorrect information provided by the Seller. In such cases, the Seller reserves the right to cancel the User's Order(s).
15.15 No Responsibility for Legal Breaches by Third Parties:
Localhearts accepts no responsibility for any breaches of applicable laws, including those governing the Products and services offered by Sellers, third-party delivery service providers, or payment gateway service providers.
15.16 Third-Party Services- No Warranty and Waiver of Claims:
You acknowledge that third-party services are available on the Platform, and we may partner with certain third parties to facilitate such services. However, you agree that we make no representations or warranties regarding these third-party services or products, and that we will not be liable for any outcomes, including injury, impairment, or death, resulting from their use. You hereby waive any rights or claims you may have against us in relation to third-party services.
16Advertising, Promotional Campaigns, and Charitable Campaigns
16.1 Third-Party Advertising Material
The Platform may display advertisements, promotional content, sponsored listings, banners, marketing materials, endorsements, or other information submitted by third parties, including brands, advertisers, sellers, sponsors, partners, or customers ("Advertising Material").
The party submitting any Advertising Material to the Platform shall be solely responsible for ensuring that such material complies with all applicable laws, regulations, codes, and industry standards.
Localhearts does not independently verify or guarantee the legality, accuracy, completeness, reliability, or authenticity of any Advertising Material.
Your correspondence, interactions, transactions, or participation in promotions with advertisers or third parties found on or through the Platform, including payment, delivery, warranties, representations, offers, discounts, or other terms, shall be solely between You and such third party.
Localhearts is not a party to such dealings unless expressly stated otherwise.
To the fullest extent permitted under applicable law, Localhearts shall not be responsible or liable for:
- any Advertising Material displayed on the Platform;
- any errors, omissions, inaccuracies, misleading statements, or representations contained therein;
- non-fulfilment of offers, rewards, discounts, or promotional commitments by advertisers; or
- any loss, damage, injury, claim, or dispute arising from Your interactions or dealings with advertisers or third parties.
16.2 Charitable Campaigns
For Charitable Campaigns where customers have an option to contribute via the Localhearts Platform, Localhearts operates purely as a technology platform facilitating the collection of contributions on behalf of the charitable organisation. Localhearts is not involved in any manner in the collection (except acting as a facilitator) or utilisation of funds collected pursuant to any Charitable Campaign.
Localhearts does not accept any responsibility or liability for the accuracy, completeness, legality, or reliability of any information related to the Charitable Campaign.
Information related to the Charitable Campaign is displayed for informational purposes only, and customers are advised to do an independent verification, including accepting the terms and conditions of the relevant charitable organisation, before taking any action in this regard. Any such contribution is purely voluntary.
The relevant charitable organisation shall be solely responsible for all aspects of the contribution, including issuance of contribution certificates, if any.
16.3 Marketing and Promotional Campaigns
As part of advertising, marketing, or visibility campaigns, third parties, including brands, advertisers, or sponsors, may run banners, sampling schemes, contests, flyers, freebies distribution, or other such promotional campaigns on or via the Localhearts Platform.
Notwithstanding anything to the contrary, you agree that, to the fullest extent permitted under law, Localhearts shall not have any liability in relation to such campaigns (including contests or contest rewards). Such campaigns shall be a bipartite arrangement between you and the third parties, including with respect to the fulfilment of obligations as specified thereunder.
Participation in such campaigns, accessing any embedded third-party link, scanning codes, and/or availing services pursuant to such campaigns shall be at your own risk and, additionally, be governed by the terms and conditions of the campaigns and of the relevant third parties.
Localhearts makes no representation or warranty of any kind, either express or implied, with respect to such campaigns (including contests or contest rewards). The third parties shall be solely responsible for fulfilment thereof.
17Suspension and Termination
- Continuation of Terms: The Terms will continue to apply until terminated by either You or Localhearts as set forth below.
- Termination by You: If You object to the Terms or are dissatisfied with the Platform, You may:
- Close Your Account on the Platform; and/or
- Stop accessing the Platform.
- Termination by Localhearts: Localhearts may disable Your access, block Your future access to the Platform, or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Notice, or have in any way otherwise acted unethically.
- Survival of Certain Terms – Notwithstanding anything contained herein, all terms which by their nature are intended to survive such termination will survive indefinitely unless and until Localhearts chooses to terminate them.
- Obligations Before Termination – Any such termination shall not cancel:
- Your obligation to pay for a Product or a service purchased on the Platform; or
- Any other obligation which has accrued, or is unfulfilled, and relates to the period before termination.
- Liability for Fees or Charges – You shall be liable to pay any fees or charges, if applicable, in respect of the services until the date of termination by either party whatsoever.
18Governing Law and Jurisdiction
18.1 Governing Law:
These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
18.2 Exclusive Jurisdiction:
Courts at Patna shall have exclusive jurisdiction over any proceedings arising in respect of these Terms (including the Privacy Policy).
19Account Deletion & Grievance Contact Policy
19.1 ACCOUNT DELETION AND DATA ERASURE:
If you wish to delete your account and all associated data, you may do so by visiting the settings menu on the Localhearts App and following the account deletion process. Upon receiving a valid account deletion request, Localhearts shall erase all personal data and other information relating to Your account and usage of the Platform within 60-90 working days from the date of such account deletion request, unless retention of certain data is required by applicable law (including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection (DPDP) Act, 2023, or any tax or accounting laws) or necessary for the establishment, exercise, or defence of legal claims.
19.2 GRIEVANCE REDRESSAL MECHANISM & CONTACT POLICY
- Chat Support: For any order-related issue, you may first reach out to us via chat support in the app for real-time resolution.
- Email Support: You may also write to us at help@localhearts.in, and we will strive to resolve your order-related issues within the timelines prescribed by applicable laws.
- Grievance Officer: Localhearts has appointed a Grievance Officer to handle complaints. Contact: grievance@localhearts.in
- Filing & Redressal: Grievances must be sent to the above email. Acknowledgement within 24 hours; resolution within thirty to sixty (30-60) days.
- Escalation: Users may approach consumer courts or other forums if unsatisfied.
20Entire Agreement
- These Terms, together with the Privacy Notice and any other policies, guidelines, notices, or agreements that Localhearts may publish or update from time to time, constitute the complete and entire agreement and understanding between You and Localhearts with respect to Your access to and use of the Platform and services.
- These Terms supersede and replace all prior or contemporaneous communications, understandings, agreements, representations, or arrangements, whether oral or written, relating to such access or use of the Platform or services.
- In the event of any conflict between these Terms and any additional policy or guideline published by Localhearts, the specific policy or guideline shall prevail only to the extent of such conflict and solely for the subject matter to which it relates.