Terms & Conditions - Local Miracles

Terms & Conditions

Terms & Conditions

Welcome to Local Miracles Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Local Miracles offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at https://localmircales.in

1. OUR PURPOSE

Our services offer our users to easily have beautiful and highly functional online presence, to expand and promote locals and their talents, content and ideas, and have an overall great experience doing so – irrespective of the type of talent (whether professional or not) or business, also to make the customer aware of talent around them. We offer our users an online platform to showcase their talent and expand their reach of customers. On the other hand it is for the benefit of the society that they can get variety of things from their locals and help each other. The online and mobile websites and platforms created by Users are collectively referred to herein as (“ Platform(s)”). 

2. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms“) govern the access or use by you, an individual, from within India of applications, websites, content, products, and services (the “Services”) made available by FINDAA Global Services Private Limited (Local Miracles), a private limited company established in India, having its registered office at H.No 407, Sector 56, Gurgaon, Haryana- 122011.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and FINDAA Global Services Pvt. Ltd. Or Local Miracles (“FINDAA”, “us” or “we”). 

 If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you (If any).

You may visit and/or use the Local Miracles Services and/or the Local Miracles App only if you fully agree to the Local Miracles Terms – and by using and/or registering to any of the Local Miracles Services, you signify and affirm your informed consent to these Terms of Use and any other Local Miracles Terms applicable to your use of any Local Miracles Services. If you do not read, fully understand and agree to the Local Miracles Terms, you must immediately leave the Local Miracles Website and avoid or discontinue all use of the Local Miracles Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://localmiracles.in/privacy-policy-2/ (“Privacy Policy”)

Local Miracles may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Local Miracles reasonably suspects that:

  • a) You have, or are likely to, breach these Terms; and/or
  • b) You do not, or are likely not to, qualify, under applicable law or the standards and policies of Local Miracles and its affiliates, to access and use the Services
  •  

Local Miracles may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:

a) Immediately, where Local Miracles reasonably suspects that:  1) you have, or are likely to, materially breach these Terms; and/or  2) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Local Miracles and its affiliates, to access and use the Services;

or

b) On 30 days’ written notice to you, where Local Miracles, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.

Without limiting its other rights under these Terms, Local Miracles may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time.

You may terminate these Terms at any time, for any reason.

Local Miracles may amend any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. Local Miracles will provide you with at least 30 days’ written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Local Miracles posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Local Miracles reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Local Miracles will post the amended Terms at the domain of https://localmiracles.in/terms-conditions. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website (https://localmiracles.in) (“ Website”) or Applications (as defined below) (collectively “Platform”) following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Local Miracles Platform.

PRIVACY POLICY

Local Miracles has established a Privacy Policy that explains to users how their personal information is collected and used.

The Privacy Policy is located at: Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Local Miracles and how they may make a privacy complaint.

The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy.

Local Miracles may disclose users’ personal information to third parties. Local Miracles may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Local Miracles may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.

3. OUR SERVICES

Local Miracles will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of Local Miracles application (each, an ” Application“) or Website to: (a) showcase your home-based skills, talents and hobbies to the any visitor of the website, application or any other social media platform, (b) View a wide variety of home-based Products and services and also contact information of these home-based Products and services the with independent third party providers  who have an agreement with Local Miracles or its affiliates (“ Third Party Providers”); and (c) facilitate payments to Third Party Providers for the services and receive receipts for those payments.

The Services are made available solely for your personal, non-commercial use, unless Local Miracles has agreed with you otherwise in a separate agreement. You acknowledge that Local Miracles does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by Local Miracles or any of its affiliates. Local Miracles accepts liability for the Services and the Local Miracles Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.

License

Subject to your compliance with these Terms, Local Miracles (FINDAA Global Services Pvt. Ltd.) grants you a limited, non-exclusive, non sub-licensable, revocable, non-transferrable license to: (i) access and use the Local Miracles Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Local Miracles and FINDAA Global Services Pvt. Ltd.

Restrictions 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Local Miracles; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

You acknowledge that portions of the Services may be made available under Local Miracles various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Local Miracles subsidiaries and affiliates; or (ii) independent Third Party Providers.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Local Miracles does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Local Miracles does not endorse such third party services and content and in no event shall Local Miracles be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership 

The Services and all rights therein are and shall remain Local Miracles property or the property of Local Miracles licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited rights to the lister granted above; or (ii) to use or reference in any manner Local Miracles company names, logos, product and service names, trademarks or services marks or those of Local Miracles’ listers.

4. YOUR USE OF THE SERVICES

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (” Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Local Miracles certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Local Miracles in writing, you may only possess one Account.

Promotional Codes

Local Miracles may, in Local Miracles sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Local Miracles establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Local Miracles; (iii) may be disabled by Local Miracles at any time for any reason without liability to Local Miracles; (iv) may only be used pursuant to the specific terms that Local Miracles establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Local Miracles reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Local Miracles reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content

Local Miracles may, in Local Miracles sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Local Miracles through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to Local Miracles, you grant Local Miracles a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Local Miracles business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Local Miracles the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Local Miracles use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) you are not providing feedback for services performed by you in your capacity as a service provider on the platform.

Local Miracles may, but shall not be obligated to, review, monitor, or remove User Content, at Local Miracle sole discretion and at any time and for any reason, without notice to you.

5. PAYMENT

Local Miracles shall charge you a convenience fee (“Fee”) for the Services provided by Local Miracles to you. The Fee may be charged at the time of registration and thereafter the subscription charge as per the offer accepted by you as a Lister. The Subscription charged may as per the offer selected by the Lister. Local Miracles reserve all right to change or modify the subscription offer and amount from time to time as it may deem fit 

Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable, unless otherwise determined by Local Miracles or required by the relevant Consumer Law legislation. 

As between you and Local Miracles, Local Miracles reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Local Miracles sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Local Miracles will use reasonable efforts to inform you of Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees or the amounts thereof. Local Miracles may from time to time provide its listers and users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. 

It is further clarified that the prices of the services and product offered at the site is solely decided and are at the discretion of the lister offering the services and product. Also at the site we are not responsible for any type of receipt and payment between lister and the user.

6. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER

LOCAL MIRACLES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOCAL MIRACLES DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF LISTERS OR THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.

LIMITATION OF LIABILITY

IF YOU ARE ACQUIRING THE SERVICES AS A CONSUMER, LOCAL MIRACLES LIABILITY IS LIMITED ONLY TO PROVIDING A PLATFORM TO THE SELLER (LISTER) TO SHOWCASE ITS PRODUCT AND THE BUYER TO VIEW AND SELECT FROM WIDE VARIETY OF PRODUCT AND SERVICES PROVIDED BY THE LISTER.

LOCAL MIRACLES SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR INCOMPLETION OR DELAY OF SERVICE OR GOODS. ALSO LOCAL MIRACLES SHALL NOT, IN ANY CASE, BE RESPONSIBLE ABOUT QUALITY, QUANTITY, SIZE, COLOUR OR ANY SPECIFICATION OF ANY KIND GIVEN BY THE LISTER. 

FURTHER, IF YOU ARE A LISTER (SERVICE PROVIDER) WHO IS OFFERING THEIR SERVICES OR PRODUCT, LOCAL MIRACLES SHALL NOT, IN ANY CASE, BE RESPONSIBLE FOR PAYMENT, LESS PAYMENT OR NON-PAYMENT IN EXCHANGE OR SALE OF SERVICES OR PRODUCT.

NOTWITHSTANDING ANY TYPE OF AGREEMENT OR COMMITMENT BETWEEN CONSUMER AND LISTER/THIRD PARTY PROVIDER, LOCAL MIRACLES SHALL NOT RESPONSIBLE FOR ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE SELLER AND BUYER. IN ANY CASE LOCAL MIRACLES WILL NOT BE ANY PARTY BETWEEN THE BUYER BUYING THE PRODUCT OR SERVICE OR SELLER SELLING THE PRODUCT OR SERVICE.

LOCAL MIRACLES WILL NOT PROVIDE ANY ASSISTANCE OR INTERVENE IN CASE OF ANY DISPUTE BETWEEN CONSUMER AND LISTER/THIRD PARTY PROVIDER.

LOCAL MIRACLES PLATFORM MAY BE USED BY YOU TO VIEW AND SELECT FROM HOME-BASED SERVICES OR PRODUCTS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LOCAL MIRACLES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HOME-BASED SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, LOCAL MIRACLES WILL NOT BE DEEMED TO BE IN DEFAULT OR BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACT.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING ANY OF THE NON-EXCLUDABLE REQUIREMENTS OF THE RELEVANT CONSUMER LAW LEGISLATION.

IDEMNITY

You as a lister/service provider agree to indemnify and hold Local Miracles and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services ;(ii) your goods or services provided to the consumer (ii) your breach or violation of any of these Terms; (iii) Local Miracles use of your User Content; or (iv) your violation of the explicit or implied rights of the consumer.

Local miracles liability to indemnify the lister in case of any claims, demands, losses, liabilities, and expenses shall be limited to the amount charged by Local Miracles as the Listing Fee and subscription charges.

Local Miracle shall not, in any case, be responsible to indemnify the consumer/visitor for any claims, demands, losses, liabilities, and expenses.

7. GOVERNING LAW; ARBITRATION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be Gurgaon, Haryana, India.

Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.

8. OTHER PROVISIONS

Notice

Local Miracles may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Local Miracles by written communication to Local Miracles address at H.No.407, Sector-56, Gurgaon- 122011.

General

You may not assign or transfer these Terms in whole or in part without Local Miracles prior written approval. You give your approval to Local Miracles for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Local Miracles equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Local Miracles or any Lister/Third Party Provider as a result of the contract between you and Local Miracles or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation. In these Terms, the words “including” and “include” mean “including, but not limited to.”

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