Last updated on November 17th, 2015
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
I. Acceptance of Terms
Your use of the services offered by LocalPeep at any venue, including but not limited to retail outlets, showrooms, salons, hotels, hospitals, clinics, restaurants, transport hubs and public spaces (referred to as Venue in this document), the LocalPeep web-app or mobile-app at any Venue (referred to as App in this document), and the website localpeep.com (referred to as Website in this document), collectively referred to as Services in this document, are subject to the terms of a legal agreement between you and LocalPeep (referred to as Agreement in this document). This page explains how the Agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service or Terms) in this document). The name LocalPeep refers to the product and service LocalPeep and has been used interchangeably with AcuteAngle Analytics Pvt Ltd, a company which owns and operates LocalPeep and is incorporated in India.
You and Your refer to you, as a user of the Services.
In order to use the Services, You must first agree to the Terms. You may not use the Services if You do not accept the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this is made available to You by LocalPeep in the user interface for any particular Service; or
- Actually using the Services. In this case, You understand and agree that LocalPeep will treat Your use of the Services as acceptance of the Terms from that point onwards.
LocalPeep reserves the right at all times to discontinue or modify any part of this Agreement as it deems necessary or desirable. It may amend this Agreement without any prior notice. If it makes changes that materially affect Your use of the Services, i.e. reduces Your rights or increases Your responsibilities, it may notify You by sending You an e-mail / SMS to the e-mail address / phone number that is registered with Your account or by posting notifications to Your account which You can access whenever You are using the Services.
Any such changes will be effective upon the earlier of dispatch of an e-mail notice to You or posting of the changes on the Website. These changes will be effective immediately for new Users of the Site.
LocalPeep suggests that You revisit this Agreement from time to time to ensure that You stay informed of any changes to the Agreement. Your use of the Services after it updates this Agreement will constitute acceptance of the modified Agreement.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and You do not have any authority of any kind to bind LocalPeep in any respect whatsoever.
Eligibility: The Services are to be used only by persons who can form legally binding contracts under Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Services. You affirm that You are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You affirm that You are, in any case, 13 years of age or older. If You aren’t, You must cease use of the Services immediately. LocalPeep reserves the right to terminate Your usage and/ or account and refuses to provide You with access to the Services if it is brought to the notice of LocalPeep or if it is discovered that the age criteria is violated by Your use of the Services.
II. Provision of the Services being offered by LocalPeep
LocalPeep is constantly evolving in order to provide the best possible experience and information for its users. You acknowledge and agree that the form and nature of the Services which LocalPeep provides may change from time to time without prior notice to You.
As part of this continuing process, You acknowledge and agree that LocalPeep may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at LocalPeep’s sole discretion, without prior notice to You. You may stop using the Services at any time. You do not need to specifically inform LocalPeep when You stop using the Services.
You acknowledge and agree that if LocalPeep disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content contained in Your account.
The Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of LocalPeep, access to the Services may be interrupted, suspended or terminated from time to time. LocalPeep shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, the Contents, hours of availability and equipment needed for access or use. Further, LocalPeep may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
By using LocalPeep’s services You agree to the following disclaimer: The Contents in the Services are for informational purposes only. LocalPeep disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. LocalPeep reserves the right to make changes and corrections to any part of the content at any time without prior notice. LocalPeep does not guarantee the offers, promotions and any other promises listed through the Services at any Venue. All offers, offer details and images are / may be registered trademarks / copyrights of LocalPeep or their respective owners. No other party is authorised to reproduce or republish the information and / or images published across the Services in any format whatsoever without the written permission of LocalPeep.
III. Use of the Services by You
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services. LocalPeep shall not be liable for any damages to Your equipment resulting from the use of the Services.
In order to access certain Services, You may be required to provide information about Yourself (such as identification and / or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any registration information You give to LocalPeep will always be accurate, correct and up to date.
In order to connect You to certain offers, Contents and other facilities of the Venue You are visiting, LocalPeep will be recording the registration and contact details provided by You. LocalPeep may also send you SMS, email and App notifications to authenticate your identity or to inform you about certain aspects of the Services. If You do not wish that Your information be recorded in such a manner, or if You do not wish to receive such communication from LocalPeep, please do not avail of the Services provided by LocalPeep. You explicitly agree and permit LocalPeep to record all information provided by You during Your registration or use of the Services, and to communicate with you via various means including SMS, email and App notifications for proper dissemination of the Services.
In accordance with TRAI regulations LocalPeep will be recording details of Your usage of the Services, including but not limited to all specific websites surfed by You. If You do not wish that Your web usage details be recorded in such a manner, please do not avail of the Services provided by LocalPeep. You explicitly agree and permit LocalPeep to record all web usage information during Your use of the Services.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the information provided by LocalPeep Services through any means only for personal purposes and not for any commercial use unless agreed to with LocalPeep in writing.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by LocalPeep, unless You have been specifically allowed to do so in a separate agreement with LocalPeep. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers). You will ensure that You comply with the instructions set out in any robots.txt file present on the Services.
You agree that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless You have been specifically permitted to do so in a separate agreement with LocalPeep, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that You are solely responsible for (and that LocalPeep has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and for the consequences (including any loss or damage which LocalPeep may suffer) of any such breach.
IV. Content in the Services
LocalPeep may communicate sale and offer information, promotions, advertisements, events, product and service information and any other content provided and created by partners, merchants, retailers, advertisers, marketers, publishers, resellers and third parties (referred to as Contents in this document), merely for Your information and it should not be construed as any kind of recommendation, endorsement, advice or suggestion by LocalPeep. LocalPeep has no control over the accuracy, legality, legitimacy, validity or reliability of any offers, promotional information and all other Contents provided through the Services, which may also include technical inaccuracies or typographical errors.
The Contents, not limited to the availability of any product or service or any feature thereof, are subject to change without notice.
LocalPeep reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any part of the Services.
You should be aware that all Contents (in the form of data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to You as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide such content to LocalPeep (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Contents (either in whole or in part) unless You have been specifically told that You may do so by LocalPeep or by the owners of such Contents, in writing and in a separate agreement.
You understand that by using the Services You may be exposed to Contents that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
V. Proprietary Rights
The name ‘LocalPeep’, its mission statement, slogans, logo and other symbols and insignia are trademarks of LocalPeep. All rights, including goodwill and, where relevant, trademarks, in the name are owned by LocalPeep. These, together with other trademarks that are located within the Services or otherwise owned or operated in conjunction with LocalPeep shall not be deemed to be in the public domain but rather the exclusive property of LocalPeep, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of LocalPeep unless otherwise stated.
Title, ownership rights and intellectual property rights in and to the Contents and information accessed through the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) as well as the infrastructure used to provide the Services are the property of LocalPeep or the applicable Venue or LocalPeep business partner and may be protected by applicable copyright or other law. This Agreement gives You no rights to such Contents. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, images, software, products or services obtained from or through Your use of the Services.
You further acknowledge that the Services may contain certain Contents designated confidential by LocalPeep and that You shall not disclose any information about such Contents without LocalPeep’s prior written consent.
Unless You have agreed otherwise in writing with LocalPeep, nothing in the Terms gives You a right to use any of LocalPeep’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
Any posting or linking of the Contents on social media is permitted only through the functionality made available through the Services, provided LocalPeep is appropriately credited as the source of such Content. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and/ or criminal penalties.
You will not upload, post or otherwise make available on or through the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting any material to the public area of the Services, You warrant that the owner of such material has expressly granted LocalPeep the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of LocalPeep Services to access, view, store or reproduce the material for that user’s personal use. You also grant LocalPeep the right to edit, copy, publish and distribute any material that You make available on its Services.
LocalPeep reserves the right to terminate this Agreement with You or any other user who infringes third party copyrights.
All comments, suggestions, feedback, reviews, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to LocalPeep by You; or (ii) in response to solicitations by LocalPeep regarding the Services or the App or the WebSite; (in each foregoing case, these are called ‘Ideas’) shall be deemed to be and shall remain property of LocalPeep and You hereby assign by way of present and future assignment all intellectual property rights in Ideas, to LocalPeep. You understand and acknowledge that LocalPeep has both internal resources and other external resources which may have developed or may in the future develop Ideas identical or similar to Ideas and that LocalPeep is only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and LocalPeep assumes no obligation, express or implied by considering it. Without limitation, LocalPeep shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
VI. Exclusion of Warranties
LocalPeep makes no representations or warranties as to the quality, suitability, merchantability or availability of any of the products or services available as part of the sale, offers, coupons, listings, promotions, advertisements, information or other Contents disseminated through the Services. LocalPeep shall not be liable for any defect or deficiency in any product or service obtained by acting on the information provided through the Services and all disputes in this regard should be taken up with the relevant Venue establishments. LocalPeep makes no guarantee, nor does it take any responsibility for the Contents including its quality, copyright compliance or legality, or any resulting loss or damage.
Because LocalPeep does not control the security of the Internet or other networks You use to access the Services or communicate with LocalPeep, LocalPeep can’t be, and is not responsible for, the security of information that You choose to communicate with LocalPeep and the Services while it is being transmitted. You acknowledge that, although the Internet is often a secure environment, sometimes there may be interruptions or delays in the Services or events that are beyond the control of LocalPeep, and LocalPeep shall not be responsible for any data lost while transmitting information on the Internet.
Nothing in this Agreement shall exclude or limit LocalPeep’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Your jurisdiction will apply to You and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services are provided “as is” and “as available”.
Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and You agree that You will be solely responsible for any damage to Your mobile phone or computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by You from LocalPeep or through the Services shall create any warranty not expressly stated in the Terms.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on the Contents displayed through the Services, queries made through the Services, preferences selected by You, or other information. In consideration for LocalPeep granting You access to and use of the Services, You agree that LocalPeep may place such advertisements on the Services.
You are free to select or click on advertised products and services or not as You see fit. Revenues, if any, generated by LocalPeep through these advertisements may or may not be shared in part with any third parties, at the sole discretion of LocalPeep and You shall have no claim on these revenues.
The manner, mode and extent of advertising by LocalPeep on the Services are subject to change without specific notice to You.
The Services and the advertisements served through the Services may include hyperlinks to other websites or content or resources. LocalPeep may have no control over any websites or resources which are provided by advertisers (companies or persons) other than LocalPeep. You acknowledge and agree that LocalPeep is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that LocalPeep is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
VIII. Limitation of Liability
You acknowledge and agree that LocalPeep is only willing to provide access to the Services if You agree to certain limitations of its liability to You and to third parties. In no event shall LocalPeep, its officers, directors, promoters, investors, employees, agents, subsidiaries, affiliates or licensors be liable to You for any direct, indirect, incidental, special, punitive, exemplary or consequential damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data suffered, or other intangible loss, resulting from:
- any errors, mistakes, or inaccuracies of Content
- any personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Services
- any unauthorized access to or use of servers and/ or any and all personal information and/or financial information stored therein
- any interruption, corruption or cessation of Services
- any bugs, viruses, trojans, or the like, which may be transmitted to or through the Services by any third party
- any errors or omissions or deletions or corruption of or failure to store any content and other communications data maintained or transmitted by or through Your use of the Services, or for any loss or damage of any kind incurred as a result of Your use of any Contents posted, emailed, transmitted, or otherwise made available via the Services,
- any failure on Your part to provide LocalPeep with accurate account information
- any failure on Your part to keep Your password or account details secure and confidential
- any reliance placed by You on the completeness, accuracy or existence of any advertisements or any Contents including offers and other third party information obtained through the Services, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Services
- any defamatory, offensive, or illegal conduct of any third party.
The limitations on LocalPeep’s liability to You in the paragraph above shall apply whether or not LocalPeep has been advised of or should have been aware of the possibility of any such losses arising.
You agree that Your sole remedy for any claims arising in connection with this Agreement is to discontinue using the Services.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.