Loconomy is your hyper local marketplace, Loconomy offers a complete information to a local customer. It starts at a stage when you are looking for information about a particular business or suggestions for the next evening out and goes much beyond than just merely displaying the results of a search engine. In fact, Loconomy begins where typical search engines ends,
Terms of use
Created on: 24 March 2008
PLEASE GO THROUGH THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE
THIS IS AN AGREEMENT BETWEEN YOU, THE USER (OR VISITOR / REGISTERED MEMBER) AND Loconomy.com – THE WEB SERVICE PROVIDER.
By using the Loconomy.com website you agree to abide and adhere to the terms as specified here.
We may update these terms without any prior notice to you and you agree to be bound by such modifications. You are required to check for the same at regular intervals. We may also terminate the services without any liability to you or any third party.
THIS USER AGREEMENT (this "Agreement") PROVIDES, AMONG OTHER THINGS, DISCLAIMERS, LIMITED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, LIMITS LIABILITY, AND EXCLUDES ALL LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. YOU MUST ALSO CAREFULLY READ THE LOCONOMY PRIVACY POLICY HOSTED AT THE LOCONOMY WEB SITE AS AMENDED FROM TIME TO TIME, WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT PLEASE DO NOT USE LOCONOMY.COM
Requirements for registration
As you use Loconomy.com it is implied that you are legally of age to enter into a contract. If you are a minor it shall be deemed that you have obtained parental consent for the same. Anyhow we shall not conduct any verification on the same.
If you are merely surfing or browsing through the website and have not yet registered to become a member, your use of the website is still subject to this Agreement.
LOCONOMY keeps the sole discretionary power to reject or cancel any registration on having found that the information provided by you has been in violation of the above mentioned clause or is in violation to the terms of this agreement.
Your registration may also be cancelled if it comes to our knowledge at any point of time that any information provided by you is untrue. This may also be made a ground for refusal of registration in future.
Special Admonitions for International Use
Understanding the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
Privacy Policy
As a user you are bound by our privacy policy as updated from time to time. All the personal information provided by you shall be used by us in accordance with the privacy policy. You do, however, understand and agree that Loconomy.com may access, preserve, and disclose your personal information and the contents of your account if required to do so any valid legal process or governmental request (such as a search warrant, executive order, statute, or court order), or as otherwise provided in these Terms of Use and the LOCONOMY’S Privacy Policy.
Personal information collected by us may be stored and processed in India or any other country in which we have hosted our website. By using LOCONOMY, you consent to any such transfer of information outside your country.
Prohibition against misuse
Loconomy.com allows users to post their personal opinions and ideas on its website. You undertake the responsibility for the opinion and personal comments posted by you on the LOCONOMY website. It is not the policy of LOCONOMY to pre-screen any of your content or activity and we completely disclaim responsibility arising out of any illegal or indecent act done by the users, which shall include but not limited to uploading photographs or any content which may include nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. WE MAY INITIATE STRINGENT PENAL AND CRIMINAL ACTIONS AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.
Following are few examples, without limitation, of the prohibited activities and content and you agree not to use LOCONOMY services to:
We are the sole owners of the trademark LOCONOMY. We require you to respect the same. On similar terms you agree not to violate others Trademarks or Copyrighted material and will not make Loconomy.com a means for such infringement.
If in any case you have reasons to believe that your protected work has been infringed by a user you may be required to do the following;
To file a notice of copyright infringement with us, please send a written communication by fax or regular mail that sets forth your claim to copyright ownership. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first seek advice from your lawyer.
Send the written communication to us, at legal[at]loconomy[dot]com
The user(s) who posted the content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.
To file a counter notification with us, please provide a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first seek advice from your lawyer.
LOCONOMY’S proprietary rights
You may upload any material which may be in furtherance of providing general information to our users and also expressing your ideas regarding the content already uploaded. You hereby undertake that you are the author of the material posted by you and that there is no adverse copyright claim on the same.
Anyhow while doing so you automatically grant to us a worldwide, non-exclusive, sublicense able, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such materials.
We once again state that we do not pre-screen any contents uploaded by you and that we do not claim any proprietary rights over the use of any trademark used by our members. Such use is neither endorsed nor encouraged by LOCONOMY.
We may also contract with various third parties in order to provide information about the product and services offered by these third parties. We in no manner make any representations or warranties express or implied in respect to merchantability, quality or fitness of these product and services. We also do not claim any proprietary right over the trademarks of these third parties neither do we affirm the proprietary claim of these third parties over the trademarks used by them.
Our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
The exclusive right to use the trademark “LOCONOMY” is with Loconomy.com and its affiliates and licensors. We alone have the legal rights to use the same. Except as expressly authorized by Loconomy.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Loconomy.com's proprietary information. The information and services are also protected by the respective intellectual property laws and the use of the above mentioned without authorization for Loconomy.com shall result in the violation of the same against which we can take appropriate action.
Disclaimer of Warranties
Loconomy.com and its affiliates, licensors, partners, suppliers, consultants and agents ("LOCONOMY") makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. LOCONOMY or any of its affiliates assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever caused in connection with using this website. We may make changes to these materials at any time without notice.
Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part LOCONOMY. We make no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks.
While LOCONOMY makes every effort to ensure that any software available to be downloaded from LOCONOMY’s website is free of any software virus, it cannot guarantee that the material is free from any or all software viruses. LOCONOMY is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms.
The website and the services are provided “as is” and LOCONOMY makes no representations or warranties, express or implied either in respect of the LOCONOMY’s website, software, or other information referred to in this website.
Indemnity Clause
You agree to hold harmless and indemnify LOCONOMY from and against any third party claim arising from or in any way related to your use of the Loconomy.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LOCONOMY will provide you with written notice of such claim, suit or action.
Liability Clause
Under no circumstances will LOCONOMY be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Loconomy.com service, whether or not LOCONOMY had foreseen the possibility of such damages. Such limitation of liability shall apply to the instances where the claim arises out of use, misuse, inability to use, malfunctioning of any of the services of LOCOMONY or from the interruption, suspension, or termination of the Loconomy.com service (including such damages incurred by third parties).
Under no circumstances shall the combined aggregate liability of LOCONOMY and its affiliates exceed one thousand rupees (Rs.1000/-).
Term and Termination
At any time, you can terminate your account with us, which will remove your profile and other personal information from view. Deleting your account will not amount to automatic deletion of the reviews and the comments posted by you.
To terminate you account please email us at admin[at]loconomy[dot]com
We may also terminate your membership immediately at any time, for any reason as stated above or other wise. On your membership termination, you will have no right to use the Loconomy.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitation of liability, jurisdiction and arbitration clause and miscellaneous provisions shall survive any termination of your membership.
Notices
LOCONOMY may provide you with notices regarding the Loconomy.com service or these Terms of Service by regular mail, email, or postings to this Web site.
Jurisdiction Clause
All disputes whatsoever with regard to this Agreement or the provisions contained therein will be subject to the jurisdiction of Bangalore, Karnataka State, India. This agreement will be governed and construed in accordance with the laws of India.
Arbitartion Clause
You agree that you shall settle any dispute, controversy or claim arising out of or relating to or in connection with this Agreement, or the breach, termination or validity hereof, including any dispute with respect to the existence or validity hereof, the activities performed hereunder, or the breach of any terms, amicably by mutual conciliation which shall be conducted at Bangalore. The parties shall arrange for one representative each in order to assist in reaching a solution to the dispute.
If the parties are not able to settle such dispute through conciliation or dialogue then they may resort to arbitration. In such an instance you agree to submit along with LOCONOMY all disputes howsoever arising out of or in connection with the use of the LOCONOMY Website to arbitration to one (1) arbitrator nominated and appointed by LOCONOMY. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings .will be final and binding on both you and LOCONOMY to the extent permissible in law.
These Terms of Use together with the privacy policy and any other legal notices published by LOCONOMY on the LOCONOMY website shall be construed in entirety. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and LOCONOMY's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. LOCONOMY reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the LOCONOMY Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND LOCONOMY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LOCONOMY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous
You agree that: (i) the LOCONOMY Website shall be deemed solely based in India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between the you and LOCONOMY. Nothing contained in these Terms of Use shall constitute you as the agent of LOCONOMY or otherwise entitle you to have authority to bind LOCONOMY for any purpose. and (iv) any claim or dispute between you and LOCONOMY that arises in whole or in part from the LOCONOMY Website shall be decided exclusively by a court of competent jurisdiction located in Bangalore, India.
Contact Information
If site users have any questions or suggestions regarding our privacy policy, please contact us at:
E-mail: info[at]loconomy[dot]com
Telephone: +91 080 41559050
Postal address: 2nd Floor, 219 Alif Arcade, 7th Main, 1st Block, 80 Feet Road Koramangala-34
Registered office Address: 2nd Floor, 219 Alif Arcade, 7th Main, 1st Block, 80 Feet Road Koramangala-34
We welcome you comments and questions.
©2008 Loconomy Technologies Pvt Ltd. All Rights Reserved.