AGREEMENT BETWEEN local-bazaar.in (Online Platform/Market Place ) AND VENDOR/Seller

Iceweb Technology Solution (OPC) Pvt. Ltd. (local-bazaar.in), a company registered in India under the Companies Act, 2013, with its Reg Address: Office no.1501,Metro Fairmount Towers,Plot-4,Sector-17,On Palm Beach Road,Sanpada,Navi Mumbai, hereinafter referred to as “local-bazaar.in” or the “Platform,”.

AND

Vendor: A registered entity located in India, with its principal place of business at India, hereinafter referred to as the “Vendor”.

WHEREAS,

local-bazaar.in operates an e-commerce platform that allows registered entities within India to list and offer their products for sale on the local-bazaar.in website.

The Vendor desires to register on the local-bazaar.in platform and offer its products for sale to customers.

Nature of agreement: The Platform operates an online marketplace that enables vendors to list and sell their products or services to customers, and the Vendor desires to list and sell its products or services through the Platform.

NOW, THEREFORE,
In consideration of the premises and covenants contained herein, the Parties agree as follows: 1. Platform as a Service:

1.1 local-bazaar.in provides a platform-as-a-service (PaaS) wherein any registered entity within India can register and upload products for visibility on the local-bazaar.in website.

1.2 local-bazaar.in does not own or endorse the products or services listed on its website.

1.3 Listing and Advertising: The Platform shall provide the Vendor with access to its online marketplace, allowing the Vendor to list and advertise its products or services.

2. Shipment and Fulfillment:

2.1 local-bazaar.in does not control or guarantee the shipment of products or the fulfillment of services to buyers on behalf of the Vendor. The Vendor is solely responsible for these aspects.

3. Payment Collection:

3.1 The Vendor is not required to register its own payment collection method on the local-bazaar.in platform. As an additional service, the Platform facilitate payment collection.

3.2 The Platform reserves the right to charge service fees for these additional payment collection services.

4. Security Deposit:

4.1 The Platform may require the Vendor to provide a security deposit for security purposes. The specific deposit amount and terms shall be as outlined in Exhibit A attached hereto.

5. Chargebacks and Customer Satisfaction:

5.1 In the case of transactions that go through the Platform, the Vendor shall be solely responsible for handling chargebacks and ensuring customer satisfaction.

6. Payment Settlement:

6.1 The amounts collected through the payment collection method chosen by the Vendor shall be settled to the Vendor’s designated current account, as agreed upon in the individual merchant agreement between the Parties.

6.2 Chargeback Handling: In the event of chargebacks or disputes related to payments, the Vendor shall be solely responsible for addressing and resolving such chargebacks. The Platform shall have no liability for chargebacks.

7. Vendor’s Responsibilities:

7.1 Quality and Delivery: The Vendor shall be solely responsible for the quality and timely delivery of its products or services to customers. The Platform shall have no responsibility for the supply of goods or services.

7.2 Returns and Refunds: The Vendor shall handle all returns, refunds, and customer service inquiries related to its products or services. The Platform shall have no responsibility for returns or refunds.

7.3 Compliance: The Vendor shall comply with all applicable laws, regulations, and industry standards related to its products or services.

8. Payment Terms:

8.1 Transaction Fees: The Vendor agrees to pay the Platform a transaction fee for each sale made through the Platform. The specific fee structure shall be as outlined in Exhibit A attached hereto.

8.2 Payment Settlement: The Platform shall remit payments to the Vendor for sales, net of the transaction fees, on a regular basis as specified in Exhibit

9. Deposit:

9.1 Security Deposit: The Platform may require the Vendor to provide a security deposit in the amount of as security for any chargebacks or disputes. The deposit shall be held by the Platform and may be used to cover chargebacks or disputes. The Platform shall return any remaining balance of the deposit to the Vendor upon termination of this Agreement.

Further Declaration from Vendor

This Agreement governs your access and use of the local-bazaar.in website, mobile application, and related services (“Platform”). Please read this Agreement carefully before using the Platform. By accessing or using the Platform, you agree to comply with and be bound by these terms.

Table of Contents:

1. Acceptance of Terms
2.User Eligibility
3.User Registration
4.User Conduct
5. Listing and Transactions
6. Fees and Payments
7. Shipping and Delivery
8. Returns and Refunds
9. Intellectual Property
10. Privacy Policy
11. Third-Party Services
12. Dispute Resolution
13. Termination and Account Closure
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnification
17. Changes to the Agreement
18. Contact Information

1. Acceptance of Terms

By using the Local-Bazaar Platform, you agree to abide by these Terms of Use and any future amendments or modifications. If you do not agree with any part of this Agreement, you must not use the Platform.

2. User Eligibility

You must be at least 18 years old to use the Platform. By using Local-Bazaar, you represent and warrant that you are of legal age and have the legal capacity to enter into this Agreement.

3. User Registration

To access certain features of the Platform, you may be required to register and create an account. You are responsible for maintaining the confidentiality of your account information and ensuring its accuracy.

4. User Conduct
You agree to:
– Comply with all applicable laws and regulations.

– Use the Platform in a responsible and respectful manner.
– Provide accurate and truthful information in your listings and communications. – Respect the rights and privacy of other users.

You must not:

– Engage in fraudulent or deceptive activities.
– Post prohibited or illegal content.
– Harass, threaten, or engage in hate speech or discrimination. – Violate the intellectual property rights of others.

5. Listing and Transactions

– Sellers are responsible for the accuracy of their listings and must describe items accurately.
– Transactions are agreements between buyers and sellers; Local-Bazaar is not a party to the transactions.
– Buyers and sellers must communicate and resolve any issues regarding listings, payments, and deliveries.

6. Fees and Payments

– Local-Bazaar may charge fees for certain services, like collection of payment if its platform is used for collection, advertisement of products, These fees will be clearly communicated while registering to users. Invoices to be provided from time to time for such fee deductions.

– Payments are processed through secure third-party payment processors. Users are responsible for any fees associated with payments.

7. Shipping and Delivery

– Sellers are responsible for shipping products promptly and accurately. – Buyers must provide accurate shipping information.
– Shipping costs and delivery times may vary by seller and product.

8. Returns and Refunds

– Local-Bazaar does not control quality of products and so there is no return policy in place other than as managed and accepted between the seller and the user. Sellers must adhere to this policy. – Buyers may be eligible for refunds under certain conditions, Local-Bazaar will only facilitate such transactions and information without any obligation to return the funds. .

9. Intellectual Property

– Local-Bazaar’s content and trademarks are protected by intellectual property laws. Users must not use these without permission.
– Users are responsible for the content they post on the Platform and must respect the intellectual property rights of others.

10. Privacy Policy

Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

11. Third-Party Services

The Platform may link to or integrate with third-party services. Local-Bazaar is not responsible for these services, and your use of them is subject to their terms and policies.

12. Dispute Resolution

Any disputes between users or involving Local-Bazaar will be resolved in accordance with our Dispute Resolution Policy, which may include mediation and arbitration.

13. Termination and Account Closure

Local-Bazaar reserves the right to suspend or terminate user accounts for violations of this Agreement or for any other reason, at our sole discretion.

14. Disclaimer of Warranties

Local-Bazaar provides the Platform “as is” without any warranties. We do not guarantee the accuracy, reliability, or availability of the Platform.

15. Limitation of Liability

Local-Bazaar is not liable for any direct or indirect damages, losses, or disputes arising from your use of the Platform.

16. Indemnification

You agree to indemnify and hold Local-Bazaar harmless from any claims, damages, or losses arising from your use of the Platform.

17. Changes to the Agreement

Local-Bazaar may update these terms from time to time. Users will be notified of significant changes. Continued use of the Platform after changes constitutes acceptance of the revised Agreement.

18. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us at support@local-bazaar.in

By using Local-Bazaar, you acknowledge that you have read, understood, and agreed to these Terms of Use. Thank you for being a part of our community!

User Policies:

1. Registration and User Accounts:
– Users are required to create an account with accurate and up-to-date information. – Each user is allowed one account, and account sharing is prohibited.

2. User Agreement:
– Users must agree to the platform’s terms of service and privacy policy when signing up.
– The terms of service outline the rules and regulations for using the platform, and users are

bound by these terms.

3. User Verification:
– Users may be encouraged or required to verify their identity through email confirmation or

phone number verification.
– Verified users may receive benefits such as increased trust from other users.

4. Prohibited Activities:
– Users are prohibited from engaging in any illegal activities on the platform, including fraud,

identity theft, or the sale of counterfeit or stolen goods.
– Users must not engage in harassment, hate speech, or any behavior that violates the platform’s

community guidelines.

5. Reporting and Moderation:
– The platform has mechanisms for users to report inappropriate listings, behavior, or content. – A dedicated moderation team reviews reports and takes appropriate action against users who

violate policies.

6. User Safety:
– Users are encouraged to prioritize their safety when arranging in-person transactions with other

users.
– Safe meeting places in public locations are recommended for in-person exchanges.

7. Age Restrictions:
– Users must meet any age requirements specified in the platform’s terms of service. For example,

users may need to be 18 years or older.

8. Account Security:
– Users are responsible for keeping their account credentials (username and password) secure. – Any suspicious account activity should be reported immediately to the platform.

9. Termination of Accounts:

Certainly, here are the policies for your e-commerce platform, specifically tailored for sellers, users, shipping charges, product uploading, damaged goods, and returns, while adhering to local consumer protection laws and outlining dispute resolution procedures for users in India:

Seller Policies:

1. Seller Registration:
– Sellers must register for an account with accurate and verifiable information.
– Each seller account should represent an individual or business entity, and multiple accounts for

the same entity should be prohibited.

2. Product Listings:
– Sellers are responsible for creating accurate and detailed product listings, including clear images,

descriptions, and pricing.
– Prohibited items or content that violate platform policies should not be listed.

3. Shipping Charges:
– Sellers are responsible for covering the shipping charges associated with their products, as per

platform policy.
– Clear guidelines on shipping costs, if any, should be provided to sellers.

4. Order Fulfillment:
– Sellers must ensure the timely processing and shipping of orders, meeting the delivery timelines

specified in the platform’s policies.
– Tracking information for shipped orders should be promptly provided to buyers.

5. Communication with Buyers:
– Sellers should maintain open and respectful communication with buyers, addressing inquiries

and concerns promptly and professionally.

6. Quality Assurance:
– Sellers are responsible for delivering products in the condition described in their listings. – The platform may establish quality standards and guidelines for products sold.

7. Damaged Goods:
– If a buyer receives a damaged or defective product, sellers must cooperate in resolving the issue,

which may include issuing refunds or replacements.

8. Returns and Refunds:
– Sellers are responsible for handling returns in accordance with the platform’s return policy. – Refunds or replacements for returned items may be the responsibility of the seller.

User Policies:

1. User Registration:
– Users must create accounts with accurate and up-to-date information. – Multiple accounts for the same user should be prohibited.

2. User Agreement:
– Users must agree to the platform’s terms of service and privacy policy when signing up and using

the platform.

3. Prohibited Activities:
– Users are prohibited from engaging in any illegal activities on the platform, including fraud or

harassment.
– Violation of community guidelines or platform policies may result in account suspension.

Shipping Charges:

1. Merchant Responsibility:
– Shipping charges are borne by the merchant (seller) unless otherwise specified in their listings.

2. Clear Pricing:
– Sellers should clearly specify any additional shipping charges, handling fees, or conditions related

to shipping on their product listings.

3. Transparency:
– The platform ensures transparency related to costings as quoted by the seller during the

negotiation of the product.

4. Shipping Options:
– Sellers may have the option to choose from various shipping methods and carriers to meet their

specific needs.

Consumer Protection Laws:

1. Adherence to Local Laws:
– The platform strictly adheres to local consumer protection laws and regulations in India.
– Policies and procedures are designed to comply with applicable laws, including refund and return

policies.

Dispute Resolution Procedures in India:

1. User-to-User Disputes:
– In case of disputes between users, the platform encourages open communication to resolve

issues amicably.
– Users can report disputes to the platform for mediation and assistance.

2. Platform Mediation:
– The platform may provide mediation services to help users reach a fair resolution.
– Disputes that cannot be resolved through mediation may be escalated for further review.

3. Legal Recourse:

– If disputes remain unresolved, users have the right to pursue legal recourse through appropriate legal channels in accordance with Indian law.

10. Term and Termination:

10.1 Term: This Agreement shall commence on the Effective Date and shall continue until terminated by either party in accordance with the terms herein.

10.2 Termination: Either party may terminate this Agreement with written notice to the other party. Upon termination, the Vendor shall remain responsible for fulfilling all existing customer orders.

11. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Mumbai.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. Online Platform: local-bazaar.in
Authorized Signatory Name- Madanlal Kanodiya
Title- DIRECTOR

Date- 24 SEPTEMBER 2023
Vendor- Iceweb Technology Solution (OPC) Pvt. Ltd. Authorized Signatory Name- Madanlal Kanodiya Title- DIRECTOR
Date- 24 SEPTEMBER 2023

Please note transaction fees and security deposit are subject to change from time to time. Further Terms of Use to be accepted by the vendor

Introduction.

Welcome to www.local-bazaarin (“local-bazaar.in / Site”) operated by Iceweb technologies Pvt Ltd (with its registered address at Office no.1501,Metro Fairmount Towers,Plot-4,Sector-17,On Palm Beach Road,Sanpada,Navi Mumbai). These are the terms and conditions governing your use of the Site (“herein after referred to as Acceptable Use Policy “AUP”). By accessing local-bazaar.in either through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that local-bazaar.in works for everyone. This AUP is effective from the time you log in to local-bazaar.in. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy and the Listing Policy.

1.Using local-bazaar.in.

You agree and understand that www.local-bazaarin is an internet enabled electronic platform that facilitates communication, payment collection for the purposes of advertising and distributing information pertaining to goods and/ or services. You further agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or complete intended sale, purchase of any goods or services or exchange of information. We recommend that you read our Safety Tips before doing any activity on our site.

While making use of local-bazaar.in classifieds and other services such as payment collection the discussion forums, comments and feedback and other services interalia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (hereinafter referred to as the Listing Policy.)

Listing Policy

The listing policy shall be read as part of this AUP and is incorporated in this AUP by way of reference:

    •  ” Your Information” is defined as any information you provide to us or other users of the Site during the registration, posting, listing or replying process of classifieds, in the feedback area (if any), through the discussion forums or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, legal understating, licenses, approvals as per law of land, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.

    •  You agree that your listing, posting and/or Information :

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    1. shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and/or services

    1. shall not pertain to goods, or services of which you are not the lawful owner, or legally licensed, authorised or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for.

    1. Shall not belong to another person and to which the user does not have any right;

    1. Shall not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

    1. Shall not be harmful to children;

    1. Shall not infringe any patent, trademark, copyright or other proprietary rights;

    1. Shall not violate any law for the time being in force;

    1. Shall not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

    1. Shall not impersonate another person;

    1. Shall not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or cause incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

    1. Shall not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

    1. Shall not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

    1. Shall not constitute an unfair trade practice

    1. Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.

    1. Shall not distribute viruses or any other technologies that may harm local-bazaar.in or the interests or property of local-bazaar.in users impose an unreasonable load on the infrastructure or interfere with the proper working of local-bazaar.in.

    1. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

    1. Shall not be placed in the wrong category or in an incorrect area of the site.

    1. Shall not be placed in any other local-bazaar.in site except on the site that relates to the city in which you are located.

    1. Shall not list post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate local-bazaar.in’s Listing Policy.

    1. You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

 

You agree that your listing, posting and/or Information: If you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your local-bazaar.in account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.

You (the Seller) agree to provide the following information:

    •  Contractual information pertaining to the goods, if any.

    •  Total price of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges and the applicable tax.

    •  All mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable.

    •  All relevant details about the goods and services offered including country of origin

    •  The name and contact numbers, and designation of the grievance officer of the Seller

    •  Name and details of importer in case of imported goods, and guarantees related to the authenticity or genuineness of the imported products

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    •  Terms of exchange, returns, and refund including information related to costs of return shipping.

    •  Relevant details related to delivery and shipment of such goods or services.

    •  Any relevant guarantees or warranties applicable to such goods or services.

    •  Whether registered entity

    •   Physical address

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    •  Rating/aggregated feedback

      The Sellers represent and warrant to local-bazaar.in that all the content pertaining to the goods/services by posted are accurate. Any advertisement. Post shall be consistent with the actual characteristics, access and usage conditions of such goods and services..

      Use of www.local-bazaarin,either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access local-bazaar.in, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

      3.Abuse of local-bazaar.in’s Services

      You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by clicking on the following

      link support@local-bazaarin to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy. In the event you encounter any problems with the use of our site or services, you are requested to report the problem by clicking on this link support@local-bazaarin

      We have also appointed a Grievance Officer whose details are in the last portion of these Terms.

      4.Violations by User

      You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to disable the offending content, terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

      If any such content posted by you is disabled or removed, we shall provide you with a notification explaining the action being taken. You shall be given reasonable and adequate opportunity to dispute the action being taken and to request reinstatement of access to such removed content. The Resident Grievance Officer (detailed in the parts below) shall be overseeing this process.

2.Eligibility

Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the appropriate government or its agency, we shall not host, store or publish any unlawful information which is prohibited under any law for the time being in force in relation to the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, in relation to contempt of court, defamation, incitement to an offence relating to the above or any information which is prohibited under any law for the time being in force.

If any such information is being hosted by us, we shall remove or disable access to that information no later than 36 hours from the receipt of the court order or on being notified by the Appropriate Government or its agency..

We shall, within no later than 72 hours, also provide any information in our control or possession, to the appropriate government agency, for the purpose of verification of identity or for the prevention, detection, investigation or prosecution of offences under any law for the time being or for cyber security incidents..

Grievance Redressal Mechanism under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
If you wish to complain about our Services / the use of our services by others, please contact our Resident Grievance Officer, whose details are below:

Name: Pooja Singh
Designation: Grievance Officer
Contact Details: grievanceofficer@local-bazaar.in

Your complaint will be acknowledged by email within twenty-four hours, providing you with a complaint number using which you can track the status of the complaint. We will dispose of such complaint within 15 days of receipt.

We shall, within twenty-four hours from the receipt of a complaint made by an individual or any person on his/her behalf, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted..

Grievance Redressal Mechanism under the Consumer Protection (E-Commerce Rules), 2020 Name: Pooja Singh

Designation: Grievance Officer
Contact Details: grievanceofficer@local-bazaarin

Your complaint will be acknowledged by email within forty eight hours providing you with a ticket number using which you can track the status of the complaint. and redress the complaint within one month from the date of receipt of the Complaint..

The Site contains content which includes Your Information, local-bazaar.in’s information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), local-bazaar.in’s copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us by clicking here support@local-bazaarin.

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party’s rights or law.

6.Liability

You agree not to hold www.local-bazaarin or any of its officers, employees, agents responsible or accountable for any of your or other user’s listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in these terms.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

7.Personal Information

By using local-bazaar.in, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by local-bazaar.in India Private Limited. The data is stored and controlled on servers located in Mumbai, India as further described in our Privacy Policy. By submitting your resume with your replies, you give permission to local-bazaar.in to publicly display your resume which can be freely accessed by anyone. You also agree to receive marketing communications from us unless you specifically indicate otherwise in writing to us
through support@local-bazaarin. You may send questions about this policy to support@local-bazaarin.

5.Content

You agree that local-bazaar.in may use information shared by you to provide customer services and to understand if any other services or advertisement listed on local-bazaar.in website may interest you.

You agree that, we may share personally identifiable data of any individual to our agents or recruiters or Affiliates defined as any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, local-bazaar.in, including its subsidiaries and associate companies.

You agree that on receipt of a written request from a person who has purchased goods or services, in accordance with law, local-bazaar.in may need to provide details of the Seller including:

    •  Address of headquarters and all branches

    •  Name and details of seller’s website

    •  E-mail address of Seller

    •  Other information necessary for communication with the Seller

       

      8. Updates to this AUP and other terms and policies

      We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect immediately. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

      You will also receive an e-mail once a year notifying you of any change to these Terms.

      You agree to receive an email at least once a year informing you that in case of non-compliance with the Information Technology (Intermediaries Guidelines) Rules, 2011, these terms, policies, we have the right to terminate access or usage rights of users immediately or remove non-compliant information, or both.

      9. Third-Party Content and Services

      local-bazaar.in may provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. local-bazaar.in makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

      Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization

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and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

10.Indemnity

The User agrees to indemnify and hold local-bazaar.in, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

11.Governing Law & Jurisdiction

This AUP and the Listing Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

12.Make an Offer/Buy Now Terms

local-bazaar.in Assurance for Buyers

    1. You should “Make an Offer” of the amount which you wish to pay for the product.

    1. Once your offer is accepted, you can make the payment online directly to the seller or through us on our platform.

    1. The listed item will be delivered to you by the seller logistics partner, and once confirmation is received of the the delivery, payment will be released to the seller.

    1. In case of any dispute pertaining to damage of goods, service not received, local-bazaar.in will be not be liable or responsible for the same, however if payment is collected using local-bazaar.in platform such matter are to be subjected under customer service of local-bazaar.in.

The BUY NOW purchase option enables a quick sale and implies that you agree to buy the product at the listed price. We will facilitate the payment directly and notify the seller. Once the payment has been made, seller is solely responsible for completing the delivery. If you wish to negotiate, please choose ‘Make an Offer’ purchase option.

Convenience fee For buyers:

The fees applicable depend on the city, weight, category and price of the item you are purchasing.

There is no possibility of cancellation initiated by the buyer after payment is made. For sellers:

The fees applicable depends on the city, weight, category and price of the item you are selling.

Promotional Discount

For buyers:

A promotional discount may apply depending on the city, weight, category and price of the item you are buying.

For sellers:

A promotional discount may apply depending on the city, weight, category and price of the item you are selling.

Note: local-bazaar.in reserves the right to change the fee & discounts any time without prior intimation.

Advance token:
Buyer can choose to pay or can be asked to pay a refundable token amount while making a serious offer.

The token amount is refunded in following cases:

    1. Seller counters the offer to which buyer does not make a payment within 24 hours

    1. Seller does not accept offer within 24 hours or you do not make a new offer to which the existing token applies

    1. Seller cancels the order after full payment

The token amount is not refunded in following cases:

    1. Buyer does not pay balance amount within 24 hours of acceptance

    1. Buyer cancels the order after full payment

    1. Buyer cancels the order after seller accepts

No amounts in this transaction is paid to local-bazaar.in or through the payment collection platform of local-bazaar.in and this transaction is only between the Seller and the Buyer.

Delivery Terms

    1. These terms are applicable only to products where delivery services are offered by local-bazaar.in.

    1. local-bazaar.in provides only delivery only for products to which it specifically mention .

    1. At the time of delivery, we encourage buyers to open the packaging and validate the condition as well as specifications of the item as per the AD before accepting the delivery.

Once accepted, the item cannot be returned or replaced. Not applicable for Inter City transactions.

    1. Any delivery related issues brought to our notice after signing Proof of Delivery (POD) or beyond 3 working days will not be entertained and local-bazaar.in or its logistics partner will not be accountable. For any delivery issue or service related issue where buyer and seller had not opted for platform delivery or payment collection will not be entertained.

    1. local-bazaar.in does not take any responsibility for the quality of the item being delivered unless it’s a transit damage. Or the product being not provided unless opted for local-bazaar.in delivery platform..

Cashback

    1. In order to pass on the cashback benefits to the maximum number of customers, we are limiting cashback to 5 transactions per person (Buyer or Seller) per month

    1. Cashback will be based on final agreed price of the product between buyer and seller

    1. Buyers will have cashback eligibility for full online payment orders only, for partial payment orders, buyer will receive no net cashback

    1. All the Escrow promotional cashback for the users would be credited to the respective accounts post successful delivery of the product through local-bazaar.in Bazaar & sharing the feedback about the experience

Coupons

    1. The details of the various coupons applicable for all Doorstep categories are available here URL: https://www.local-bazaarin/Escrow/bazaar/coupons

    1. The discount applicable for any coupon is limited by the net buyer convenience fee charged after reducing any other instant discounts if applicable (Refer Instant discount section for more details)

    1. Coupon based cashback will be credited to user’s Paytm account within 10 days of delivery of the item.

    1. Coupon based promo cashback will be credited to user’s Cash Balance after the delivery of the item.

5. Promotional Money

    1. Promotional money earned through Doorstep can be used within Doorstep categories only

    1. In a single Doorstep transaction, a user can use maximum promotional money of either 5% of the final agreed price or Rs. 200 (whichever is maximum)

    1. Promotional money will expire after 90 days of credit if unused

    1. local-bazaar.in has the right to change the validity or expiry of the promotional money added without any notice

13.local-bazaar.in Doorstep Offers and Discounts

Instant Discounts

    1. Instant discounts are applicable only for the Buy Now flow.

    1. Instant discount value will be limited by the buyer convenience fee charged

    1. Instant discounts can be combined along with coupon based discounts. When combined the net discount applicable will be limited by the buyer convenience fee charged

SMB Cashback

The special SMB cashback is provided for the users who post their ads from the Bulk Ad Upload tool ONLY, which is part of the Seller Dashboard. Users are eligible for the cashback decided by the local-bazaar.in from time to time. To become eligible for the cashback, the item should have to sold and delivered through local-bazaar.in Bazaar and the minimum transaction value of each such transaction should be Rs.1,500. The mode of cashback is subject to change without any pre-intimation. All such cashbacks would be processed within 90 days of the item delivery

14.local-bazaar.in Storage and Shipment Service:

    1. Will be provided by company only if opted by seller, however company reserves the right to deny the storage facility without any reasoning.

    1. If seller opts for ‘Self Shipping’, “Self Service” platform do not have any liability.

19.Instant Hire product:

1. A fees will be charged on the Instant Hire product for accessing the candidate contact details. All fees and charges are nonrefundable and there are no refunds for partially used credits.

20.No Guarantee of Business:

1. local-bazaar.in does not guarantee business from the leads generated. local-bazaar.in shall not be responsible or liable at all to the Advertiser if no business or business leads are generated for the Advertiser through premium ads on the Website. Advertiser understands that local-bazaar.in’s only obligation is to place the premium ads on the Website in the manner provided for in these Terms. Accuracy of the information/content provided is the advertiser’s responsibility and local-bazaar.in will not be held responsible for false claims made by the advertiser.

22.Advertiser Obligations:

1. Advertiser agrees to make all payments due to local-bazaar.in in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop-payment instructions in respect of such cheques. The Advertiser recognizes that local-bazaar.in has the right to take action under the Negotiable Instruments Act 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents and warrants that (i) it is a bona fide business organization or individual carrying on business in relation to the items disclosed to local-bazaar.in, (ii) it has the right to use the trademarks it claims to have the right to use (iii) the business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it and (iv) all Classified(s) provided to local-bazaar.in is/are and shall at all times be accurate and complete, and entirely lawful. The Advertiser shall bear complete responsibility for the quality of its goods and/or services, and local-bazaar.in shall bear no responsibility for the same. The Advertiser agrees to be bound by all applicable policies of local-bazaar.in relating to Classifieds and the Website, and the Advertiser grants to local-bazaar.in a worldwide intellectual property licence (including a copyright and trade mark licence) relating to all intellectual property rights in the Classified(s) to do any acts in relation to the Classified(s) which local-bazaar.in may deem necessary to fulfil its obligations.

2.

25. Marketplace Seller

Policy purpose

The policy aims to establish guidelines related to performance which will be used by local-bazaar.in to reward the registered Sellers upon increasing the customer footfall in local-bazaar.in’s website, which would significantly contribute to brand name of local-bazaar.in

All the Sellers registered in local-bazaar.in’s platform and entered into marketplace agreement with local-bazaar.in are eligible for the incentive plan upon satisfaction of all of the conditions mentioned below:

    1. Products listed by the sellers on the platform should meet the local-bazaar.in fulfilled quality standards, as prescribed by local-bazaar.in.

    1. No of products sold on platform every month should be more than 100 units.

    1. Order fulfilment – more than 90% fulfilment of the order within the prescribed timelines

    1. Customer sales return (DTO) – % of sales return to be less than 20%.

    1. Customers should not have any open claim/litigation against the Seller

    1. Complaints, if any raised by the customers to be addressed within 7 days

Eligibility for Cars& Bikes

All the Sellers registered in local-bazaar.in’s platform and entered into marketplace agreement with local-bazaar.in are eligible for the incentive plan upon satisfaction of all of the conditions mentioned below:

    1. No of products sold on platform every month for bikes should not be less than 50 and for cars it should not be less than 20.

    1. Order fulfilment – more than 95% fulfilment of the order within the prescribed timelines

    1. Sales return – % of sales returns to be less than 10%.

    1. NPS rating should be more than 40%.

    1. Customers should not have filed any claims/litigations against the Seller

    1. Complaints, if any raised by the customers to be addressed within 7 days

Quantum of Incentive

The quantum of incentive for such sellers under this Incentive policy will be decided on monthly basis by local-bazaar.in management and will be intimated to the sellers.

Timing of Incentive

Incentive shall be provide on a periodic basis as decided by local-bazaar.in’s management Policy amendment and withdrawal

The policy is subject to review and may be changed or withdrawn at the discretion of local-bazaar.in after giving 15 days’ notice to sellers.

26.Notice of Infringement of Intellectual Property

    1. local-bazaar.in is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties

    1. If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may write to us at support@local-bazaarin to delete the relevant Content in good faith

27.local-bazaar.in Assured marketplace

    1. local-bazaar.in has set quality norms for the assured products that are followed by its merchants refurbishing them. These products may or may not be refurbished from the authorized OEM’s and local-bazaar.in is not liable for any claims arising from these products

    1. Unboxed products available in the local-bazaar.in Assured Marketplace are generally as good as new and are non-defective. These products are typically returned to the sellers by buyers in their business for reasons such as wrong model dispatched, incorrect colour etc, or are opened by customers who find after checking the contents of the package that the wrong product was shipped or simply the change of mind at customers end. As per our terms and conditions, if a product does not meet our buyers’ expectations, we encourage

them to not accept it and subsequently initiate a refund of the payment. These products also come with third party warranty of specific duration which would change from time to time

    1. Assured Mobile Phones under Excellent/Like New, Good and Fair conditions come with a compatible charger only. Also, Earphones are not part of a box contents.

    1. We do not warrant that product descriptions are accurate and actual condition of the product may vary due to enhancements.

    1. Warranty on Assured Mobile Phones is optional and customers can avail the same by paying applicable charges.

28.local-bazaar.in Easy

    1. We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that local-bazaar.in does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers.

    1. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with local-bazaar.in Only (Premium and Top Choice customers). This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer Registration Form.

    1. Service providers at all times ensure that all the applicable laws that govern their profession are followed while rendering their services.

    1. We strongly recommend our users to exercise their discretion & due diligence about all relevant aspects prior to availing any products/services. Please note that local-bazaar.in does not implicitly or explicitly endorse any product/s or services provided by advertisers/service providers. The information related to name, address, contact details of the business establishments have been verified as existing at the time of registering any advertiser with local-bazaar.in Only (Premium and Top Choice customers). This verification is solely based on the documents as supplied by an advertiser/s or as per the details contained in Customer Registration Form.

29.Assured Lifestyle

    1. We have numerous brands to choose from, whether it is the Unboxed Fashion or Lifestyle Products, which we are adding to our categories, every day. Whatever the product is, there are a few things that never change – jaw dropping discounts, quality products and happy customers.

    1. Wherever you are from, we deliver there. Associating with our external partners, we take all the efforts to bring it to your doorstep.

    1. No COD option Available*

    1. No Replacement/Refund*

5. local-bazaar.in reserves the right, to change, modify, add or remove portions of this Policy, at any time without any prior written notice to the Participant.

30.Miscellaneous:

    1. “If all premium ads available to the advertiser under the subscription scheme are not used / availed of during the period of these terms, the unutilized units shall be forfeited – no refund shall be made and neither can the unutilized credits be carried forward.”

    1. Premium ads are prioritized over free ads on the website on search and browse pages. The sequence in which premium ads are displayed will be controlled by local-bazaar.in’s search algorithm which is local-bazaar.in’s sole prerogative. The advertiser shall not have a say in determining the sequence in which ads are displayed within the set of premium ads matching a user’s search query/browse intent.

    1. Banner slots will be provided as per the details mentioned in the contract form. Banner slots will be shared between local-bazaar.in’s advertisers who have subscribed for a particular slot and the banners will be displayed on a rotational basis. A banner will be displayed only after seeking approval from the advertiser. local-bazaar.in does not provide any guarantees of impressions or clicks for the client banners.

    1. Verified leads refer to consumers who have expressed interest in consuming a service from a service provider recommended by local-bazaar.in. Any dispute regarding any verified lead shall be raised to local-bazaar.in within 3 days of the lead being sent in writing/email and will be analyzed on a case by case basis. local-bazaar.in’s decision will be final and binding in the event of a dispute regarding a lead, which may include providing compensation to the customer in an appropriate form to be decided by local-bazaar.in.

    1. The advertiser acknowledge that any liability/claim in respect of the products or services promoted through the Advertisements under the scope of this Agreement shall be solely to the account of the advertiser. It is agreed that in case of any claims in respect of the same against local-bazaar.in, the advertiser shall indemnify local-bazaar.in against all such claims and damages.

    1. Advertiser shall procure and keep valid all necessary licenses, permissions, authorisations, consents, approvals and registrations with/from any government department, agency or authority required for it to perform the Services in accordance with this Agreement and bear sole and exclusive responsibility for all compliances with such licenses permissions, authorisations, consents, approvals and registrations.

    1. local-bazaar.in doesn’t support sellers to sell imported mobile phones, electronic items on its platform, through any means. If at all any such product is being sold on local-bazaar.in Website, local-bazaar.in is not responsible being a Marketplace.

    1. All the Assured/Refurbished handsets, electronic items listed on local-bazaar.in belong to sellers. Refurbishment of the products are being done by the Sellers and local-bazaar.in is not responsible for the Quality of any of these products.

    1. local-bazaar.in doesn’t qualify the condition of the phones listed on its platform or transacted through the online flow of Doorstep/Bazaar flows.

    1. local-bazaar.in Doorstep/Bazaar is a Consumer-to-Consumer used good platform and hence any transaction done through the flow attracts GST at 18% of the Convenience fee charged and not on the value of the used item sold.

    1. local-bazaar.in Doorstep/Bazaar Remittance/Refund Money available can’t be used for any purchases on local-bazaar.in.

    1. local-bazaar.inHomes reserves the right to vary the number of leads delivered against listing packs from time to time without prior notice or intimation.

31.Plastic Waste Management (PMW) Rules

You are prohibited by the Plastic Waste Management (PMW) Rules, 2016 read with the Environmental (Protection) Act, 1986 selling the single use plastic including polystyrene and expanded polystyrene (SUP) goods or packaging including the following:

    1. Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice cream sticks, polysterene (thermocol) for decoration;

    1. Plates, cups, glasses, cutlery such as forks, spoons, knives, straws, trays, wrapping or packing films around sweet boxes, invitation cards, plastic or PVC banners less than 100 micron, stirrers etc.

2.General conditions

    1. Reasonable Precaution and Care of Property:

      YOU/owner/ Person(s) shall take all reasonable precautions for safety and soundness of item covered to prevent the loss in order to minimise claims. The owner /Person must comply with manufacturer’s recommended actions for use, inspection, maintenance along with other instructions and shall comply with all statutory requirements or other regulations.

    1. Mis description:

      This Protection Plan shall be void and all premium paid by YOU/owner Person(s) to US shall be forfeited in the event of misrepresentation, misdescription or concealment of any material information.

    1. the cover under this Protection Plan shall cease.

    1. Claim Procedure and Requirements

      Upon happening of an event giving rise or which may give rise to a claim, Beneficiary shall forthwith give notice in writing in person or courier to syncNscan in with full particulars. A written statement of the claim will be required and a claim form will be provided. This written statement of claim along with supporting documents (estimates, bill and the like) prepared at your expense or expense on your behalf along with particulars of other Protection Plan covering the same risk must be delivered to Service Provider within 15 days of date of Loss at owners/ persons expense.

    1. Fraud

      If any claim under this Protection Plan is fraudulent in any respect with or without Owner/ Person’s knowledge or if any fraudulent means or devices are used by the owner/ Person

or on behalf of owner/ Person to obtain any benefit under this Protection Plan, all benefits and rights under the Protection Plan shall be forfeited.

    1. Interest/Penalty

      No sum payable under this Protection Plan shall carry any interest or penalty.

    1. Geographical Scope

      The geographical scope of this Protection Plan will be the whole of India. The laws of India shall govern the provisions. The parties hereto unconditionally submit to the jurisdiction of the courts in Delhi

We will not be liable for any claim on the device for which the protection plan has not been activated or the device has not passed the scanner test.
We will not be liable for any claim that is originally not covered by the manufacturer of the device.

These may or may not be limited to –
i) Any claim where the original identification/serial number is removed, obliterated or altered from the Covered Asset.
ii) Any incorrect or abnormal electrical or signal connection to the equipment.
iii) Any modification to the equipment which is not in accordance with the manufacturer’s instructions or use of any accessory which has not been approved by the manufacturer.
iv) Any Equipment used outside India and requiring service/claim outside the Indian Territorial boarders
v) Any defect in external wiring, electrical connection that are not an integral part of the equipment. vi) Any corrosion, blockages, denting or scratching on the equipment.
vii) Any routine maintenance or service or inspection of the equipment.
viii) Any cleaning of video/audio heads or any normal replaceable or limited life consumables of the equipment.
ix) Any repair carried out by anyone other than authorised service providers of the equipment, as approved by the manufacturer or service provider after the protection plan has been activated.
x) Any realigning of aerials, receivers or satellite dishes.
xi) Any design fault or damage arising from errors, omissions or defects in any applications or systems software.
xii) Any cost incurred where no breakdown has been found.
xiii) Any damage caused by any household pets, rats, cockroaches or any other animals or insects xiv) Any service items, normally replaceable components or limited life consumables including but not limited to fuses, remote control, batteries etc.
xv) Any cosmetic items including but not limited to knobs, buttons, paintwork, plastic or metal casing etc.
xvi) Any claim arising out of any detention, seizure or confiscation by any legal authorities.
xvii)Any damage due to normal wear and tear, moths, insects, vermin, mildew, inherent defect or any other gradually operating cause of the equipment.
xviii) Any damage caused by the equipment being used after any fault becomes apparent.
xix) Any reduction in market value following repair or re instatement of the equipment.
xx) Any repair or replacement of components, which were faulty or had suffered a breakdown prior to the start date of this cover.
xxi) Any property more specifically warranty by any other Protection Plan or guarantee (i.e. manufacturer guarantee).

xxii)Any loss arising from change in broadcast/reception technology but not occasioned by any manufacturing or workmanship defect.
xxiii) Any loss or damage arising out of external cause, including but not limited to fire, theft, explosion, water damage, act of god perils, riot, strike, malicious damage, terrorism etc.
xxiv)Any loss or damage to accessories/remote used in connection with the equipment that were not supplied at the time of purchase of the equipment.

xxv) Any loss arising from improper storage, transportation, delivery or installation/re-installation of the equipment.
xxvi) Beneficiary/Owner/Covered person’s consequential losses of any kind and/or legal or contractual liability of any kind, other than the terms & conditions of the manufacturer’s warranty. xxvii) The cost of installing any optional attachment/accessory to the equipment.

xxviii) Any loss arising out of mechanical and/or electrical breakdown caused by overloading, strain, overrunning, freezing, excessive pressure, short circuiting, over heating of the equipment.
xxix) Any loss arising out of ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from combustion of nuclear fuel.

xxx) Any loss or damage due to use of non genuine parts other than approved and/or supplied by the manufacturer or service provider.
xxxi) Any loss or damage caused by or arising out of the wilful acts or omission or gross negligence of the Covered person and/or Covered employees.

xxxii) Any replacement or repair of the entire item arising out of any loss or damage of any part or component which is covered under the Protection Plan and is unavailable in the market. The liability in such a case will be restricted only to the value of the damaged part or component.
xxxiii) Any cost of diagnostic or dismantling nature, unless accepted as part of an authorized claim. xxxiv) Any loss due to any person obtaining the equipment by deception.

xxxv) Any loss directly or indirectly occasioned by or happening through or in consequence of war, invasion act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or unsurped power, nationalization, or loot pillage in connection therewith

local-bazaar.in Office Address:

Reg Address: SHOP NO 2646, NR NIRMALA, DHAYAN MANDIR, NARVE PARK, Netaji Bazar, Kalyan, Thane – 421505, Maharashtra, India.

Communication address: Office no. 24 first floor welfare Chembur sector 17 vashi Navi Mumbai 400703,Office no.1501,Metro Fairmount Towers,Plot-4,Sector-17,On Palm Beach Road,Sanpada,Navi Mumba

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