These are LOKALART’s Terms of Service i.e. the deal between you and LOKALART when you use LOKALART’s products and services.
This Agreement applies to all users of lokalart.com, including without limitation, users who are vendors, customers, merchants, contributors of content, information and other materials or services on the website.
You may use our Products and Services only if you can form a binding contract with LOKALART, and only in compliance with these Terms and all applicable laws. When you create your LOKALART account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then
(a)”You” includes you and that entity, and
(b)You represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
LOKALART’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old.
LOKALART may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
- Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify LOKALART of any unauthorized use of your password or any breach of security. You also agree that LOKALART cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than LOKALART without LOKALART’s express written permission.
- Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on LOKALART you must provide and maintain valid payment information such as valid credit card information.
- Account Transfer: You may not transfer or sell your LOKALART account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Right to Refuse Service: LOKALART’s services are not available to temporarily or indefinitely suspended LOKALART members. LOKALART reserves the right, in LOKALART’s sole discretion, to cancel unconfirmed or inactive accounts. LOKALART reserves the right to refuse service to anyone, for any reason, at any time.
- Fees and Billing:Joining and exhibition of product on Lokalart is free. Lokalart charges a fee and a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Lokalart’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Lokalart ‘s services are effective after Lokalart provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Lokalart may choose to temporarily change the Fees Policy and the fees for Lokalart ‘s services for promotional events.Such changes are effective when Lokalart posts the temporary promotional event on the Site. Lokalart may, at Lokalart ‘s sole discretion, change some or all of Lokalart ‘s services at any time. In the event Lokalart introduces a new service, the fees for that service are effective at the launch of the service.
In certain situations, including but not limited to a void or invalid transaction, Lokalart may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using Lokalart. Lokalart provides plans for both automatic and manual bill payment. Lokalart will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
Fees and Termination: If Lokalart terminates a listing or your account, if you close your account, or if the payment of your Lokalart fees cannot be completed for any reason, you remain obligated to pay Lokalart for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Lokalart.
- Listing and Selling: By listing an item on the website you warrant that you and all aspects of the item comply with Lokalart’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Lokalart profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Restricted Activities: Your Content and your use of LOKALART shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy, or any applicable law, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
OUR LICENSE TO YOU
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
If you use our Products for commercial purposes in violation of our Terms, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless LOKALART and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
LOKALART does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside LOKALART’s control.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
LOKALART SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LOKALART takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOKALART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
You and LOKALART are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
LOKALART’S INTELLECTUAL PROPERTY
LOKALART, and other LOKALART graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of AYAD TRADE INDIA Pvt.Ltd. in the India and/or other countries. LOKALART’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you’re using a site, including LOKALART.
Notification Procedures and changes to these Terms: LOKALART reserves the right to determine the form and means of providing notifications to you and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LOKALART without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LOKALART’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.